Texas Health and Safety Code 166.205 – Revocation of Do-Not-Resuscitate Order; Limitation of Liability
(a) A physician providing direct care to a patient for whom a DNR order is issued shall revoke the patient’s DNR order if:
(1) an advance directive that serves as the basis of the DNR order is properly revoked in accordance with this chapter;
(2) the patient expresses to any person providing direct care to the patient a revocation of consent to or intent to revoke a DNR order issued under § 166.203(a); or
(3) the DNR order was issued under § 166.203(a)(1)(D) or (E) or § 166.203(a)(3), and the person responsible for the patient’s health care decisions expresses to any person providing direct care to the patient a revocation of consent to or intent to revoke the DNR order.
(b) A person providing direct care to a patient under the supervision of a physician shall notify the physician of the request to revoke a DNR order or of the revocation of an advance directive under Subsection (a).
Terms Used In Texas Health and Safety Code 166.205
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A patient’s attending physician may at any time revoke a DNR order issued under:
(1) § 166.203(a)(1)(A), (B), or (C), provided that:
(A) the order is for a patient who is incompetent or otherwise mentally or physically incapable of communication; and
(B) the decision to revoke the order is:
(i) agreed on by the attending physician and the person responsible for the patient’s health care decisions; and
(ii) concurred in by another physician who is not involved in the direct treatment of the patient or who is a representative of an ethics or medical committee of the health care facility in which the person is a patient;
(2) § 166.203(a)(1)(E), provided that the order’s issuance was based on a treatment decision made in accordance with § 166.039(e);
(3) § 166.203(a)(2); or
(4) § 166.203(a)(3).
(c-1) A patient’s attending physician shall revoke a DNR order issued for the patient under § 166.203(a)(2) if, in the attending physician’s reasonable medical judgment, the condition described by § 166.203(a)(2)(B)(i) is no longer satisfied.
(d) Except as otherwise provided by this subchapter, a person is not civilly or criminally liable for failure to act on a revocation described by or made under this section unless the person has actual knowledge of the revocation.