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A BILL TO BE ENTITLED
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AN ACT
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relating to the form of certain advance directives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 166.032(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A declarant may include in a directive directions other |
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than those provided in the form designated under Section 166.0325 |
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or prescribed by Section 166.033 and may designate in a directive a |
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person to make a health care or treatment decision for the declarant |
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in the event the declarant becomes incompetent or otherwise |
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mentally or physically incapable of communication. |
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SECTION 2. Subchapter B, Chapter 166, Health and Safety |
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Code, is amended by adding Section 166.0325 to read as follows: |
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Sec. 166.0325. PERMISSIBLE FORMS OF ADVANCE DIRECTIVE; |
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DESIGNATED ADVANCE DIRECTIVE. (a) A written directive may be in a |
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form: |
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(1) designated by the executive commissioner under |
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Subsection (b); or |
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(2) prescribed by Section 166.033. |
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(b) The executive commissioner by rule shall designate a |
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document to be recognized in this state as a written and validly |
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executed advance directive. The document must: |
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(1) be promulgated by a national nonprofit |
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organization; |
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(2) be written in plain language; |
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(3) allow a declarant to provide a health care |
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instruction; |
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(4) require a declarant to name an agent who is at |
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least 18 years of age to make health care decisions for the |
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declarant when the declarant lacks the capacity to make the |
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decisions; |
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(5) allow a declarant to name an alternate agent who is |
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at least 18 years of age to make health care decisions for the |
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declarant if the agent is unable or unwilling to make the decisions; |
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(6) allow the declarant to specify or limit the health |
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care decisions an agent may make for the declarant; |
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(7) allow the declarant to specify the health care |
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treatments the declarant approves or does not approve; |
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(8) allow the declarant to specify the personal, |
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spiritual, and emotional care the declarant approves or does not |
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approve; |
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(9) allow the declarant to detail information the |
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declarant wants conveyed to family members and friends, including |
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the declarant's wishes for a memorial service or burial; |
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(10) require the declarant to sign and date the |
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advance directive in the presence of two witnesses who qualify |
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under Section 166.003, at least one of whom qualifies under Section |
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166.003(2); and |
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(11) be accepted as a validly executed advance |
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directive in at least 40 other states of the United States. |
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(c) The commission shall post on the commission's Internet |
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website a link to the document designated under Subsection (b). |
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SECTION 3. Section 166.036(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 166.032(b-1), a written |
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directive executed under Section 166.0325, 166.033, or 166.035 is |
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effective without regard to whether the document has been |
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notarized. |
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SECTION 4. Section 166.102(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) When responding to a call for assistance, emergency |
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medical services personnel: |
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(1) shall honor only a properly executed or issued |
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out-of-hospital DNR order or prescribed DNR identification device |
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in accordance with this subchapter; and |
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(2) have no duty to review, examine, interpret, or |
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honor a person's other written directive, including a written |
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directive in the form designated under Section 166.0325 or |
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prescribed by Section 166.033. |
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SECTION 5. Subchapter D, Chapter 166, Health and Safety |
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Code, is amended by adding Section 166.163 to read as follows: |
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Sec. 166.163. PERMISSIBLE FORMS OF MEDICAL POWER OF |
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ATTORNEY. Notwithstanding Section 166.164, a medical power of |
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attorney may be: |
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(1) in a form prescribed by Section 166.164; or |
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(2) a document designated by the executive |
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commissioner under Section 166.0325, provided the document |
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designates an agent and is executed in the manner required by |
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Section 166.154. |
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SECTION 6. Not later than December 1, 2019, the executive |
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commissioner of the Health and Human Services Commission shall by |
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rule designate a document as required by Section 166.0325, Health |
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and Safety Code, as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2019. |