Texas Health and Safety Code 166.209 – Enforcement
Current as of: 2024 | Check for updates
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(a) Subject to Sections 166.205(d), 166.207, and 166.208 and Subsection (c), a physician, physician assistant, nurse, or other person commits an offense if, with the specific intent to violate this subchapter, the person intentionally:
(1) conceals, cancels, effectuates, or falsifies another person’s DNR order in violation of this subchapter; or
(2) conceals or withholds personal knowledge of another person’s revocation of a DNR order in violation of this subchapter.
(a-1) An offense under Subsection (a) is a Class A misdemeanor. This section does not preclude prosecution for any other applicable offense.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Health and Safety Code 166.209
- 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
(b) Subject to Sections 166.205(d), 166.207, and 166.208, a physician, health care professional, health care facility, hospital, or entity is subject to review and disciplinary action by the appropriate licensing authority for intentionally:
(1) failing to effectuate a DNR order in violation of this subchapter; or
(2) issuing a DNR order in violation of this subchapter.
(c) Subsection (a) does not apply to a person whose act or omission was based on a reasonable belief that the act or omission was in compliance with the wishes of the patient or the person responsible for the patient’s health care decisions.