Tex. Health & Safety Code Section 166.004
Statement Relating to Advance Directive

(a)

In this section, “health care provider” means:

(1)

a hospital;

(2)

an institution licensed under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions), including a skilled nursing facility;

(3)

a home and community support services agency;

(4)

an assisted living facility; and

(5)

a special care facility.

(b)

A health care provider shall maintain written policies regarding the implementation of advance directives. The policies must include a clear and precise statement of any procedure the health care provider is unwilling or unable to provide or withhold in accordance with an advance directive.

(c)

Except as provided by Subsection (g), the health care provider shall provide written notice to an individual of the written policies described by Subsection (b). The notice must be provided at the earlier of:

(1)

the time the individual is admitted to receive services from the health care provider; or

(2)

the time the health care provider begins providing care to the individual.

(d)

If, at the time notice is to be provided under Subsection (c), the individual is incompetent or otherwise incapacitated and unable to receive the notice required by this section, the provider shall provide the required written notice, in the following order of preference, to:

(1)

the individual’s legal guardian;

(2)

a person responsible for the health care decisions of the individual;

(3)

the individual’s spouse;

(4)

the individual’s adult child;

(5)

the individual’s parent; or

(6)

the person admitting the individual.

(e)

If Subsection (d) applies and except as provided by Subsection (f), if a health care provider is unable, after diligent search, to locate an individual listed by Subsection (d), the health care provider is not required to provide the notice.

(f)

If an individual who was incompetent or otherwise incapacitated and unable to receive the notice required by this section at the time notice was to be provided under Subsection (c) later becomes able to receive the notice, the health care provider shall provide the written notice at the time the individual becomes able to receive the notice.

(g)

This section does not apply to outpatient hospital services, including emergency services.
Added by Acts 1999, 76th Leg., ch. 450, Sec. 1.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0500, eff. April 2, 2015.

Source: Section 166.004 — Statement Relating to Advance Directive, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­166.­htm#166.­004 (accessed Jun. 5, 2024).

166.001
Short Title 166.002
Definitions 166.003
Witnesses 166.004
Statement Relating to Advance Directive 166.005
Enforceability of Advance Directives Executed in Another Jurisdiction 166.006
Effect of Advance Directive on Insurance Policy and Premiums 166.007
Execution of Advance Directive May Not Be Required 166.008
Conflict Between Advance Directives 166.009
Certain Life-sustaining Treatment Not Required 166.010
Applicability of Federal Law Relating to Child Abuse and Neglect 166.011
Digital or Electronic Signature 166.031
Definitions 166.032
Written Directive by Competent Adult 166.033
Form of Written Directive 166.034
Issuance of Nonwritten Directive by Competent Adult Qualified Patient 166.036
Notarized Document Not Required 166.037
Patient Desire Supersedes Directive 166.038
Procedure When Declarant Is Incompetent or Incapable of Communication 166.039
Procedure When Person Has Not Executed or Issued a Directive and Is Incompetent or Incapable of Communication 166.040
Patient Certification and Prerequisites for Complying with Directive 166.041
Duration of Directive 166.042
Revocation of Directive 166.043
Reexecution of Directive 166.044
Limitation of Liability for Withholding or Withdrawing Life-sustaining Procedures 166.045
Liability for Failure to Effectuate Directive 166.046
Procedure if Not Effectuating Directive or Treatment Decision for Certain Patients 166.047
Honoring Directive Does Not Constitute Offense of Aiding Suicide 166.048
Criminal Penalty 166.049
Pregnant Patients 166.050
Mercy Killing Not Condoned 166.051
Legal Right or Responsibility Not Affected 166.052
Statements Explaining Patient’s Right to Transfer 166.053
Registry to Assist Transfers 166.054
Reporting Requirements Regarding Ethics or Medical Committee Processes 166.081
Definitions 166.082
Out-of-hospital Dnr Order 166.083
Form of Out-of-hospital Dnr Order 166.084
Issuance of Out-of-hospital Dnr Order by Nonwritten Communication 166.085
Execution of Out-of-hospital Dnr Order on Behalf of a Minor 166.086
Desire of Person Supersedes Out-of-hospital Dnr Order 166.087
Procedure When Declarant Is Incompetent or Incapable of Communication 166.088
Procedure When Person Has Not Executed or Issued Out-of-hospital Dnr Order and Is Incompetent or Incapable of Communication 166.089
Compliance with Out-of-hospital Dnr Order 166.090
Dnr Identification Device 166.091
Duration of Out-of-hospital Dnr Order 166.092
Revocation of Out-of-hospital Dnr Order 166.093
Reexecution of Out-of-hospital Dnr Order 166.094
Limitation on Liability for Withholding Cardiopulmonary Resuscitation and Certain Other Life-sustaining Procedures 166.095
Limitation on Liability for Failure to Effectuate Out-of-hospital Dnr Order 166.096
Honoring Out-of-hospital Dnr Order Does Not Constitute Offense of Aiding Suicide 166.097
Criminal Penalty 166.098
Pregnant Persons 166.099
Mercy Killing Not Condoned 166.100
Legal Right or Responsibility Not Affected 166.101
Duties of Department and Executive Commissioner 166.102
Physician’s Dnr Order May Be Honored by Health Care Personnel Other than Emergency Medical Services Personnel 166.151
Definitions 166.152
Scope and Duration of Authority 166.153
Persons Who May Not Exercise Authority of Agent 166.154
Execution 166.155
Revocation 166.156
Appointment of Guardian 166.157
Disclosure of Medical Information 166.158
Duty of Health or Residential Care Provider 166.159
Discrimination Relating to Execution of Medical Power of Attorney 166.160
Limitation on Liability 166.161
Liability for Health Care Costs 166.164
Form of Medical Power of Attorney 166.165
Civil Action 166.166
Other Rights or Responsibilities Not Affected 166.201
Definition 166.202
Applicability of Subchapter 166.203
General Procedures and Requirements for Do-not-resuscitate Orders 166.204
Notice Requirements for Do-not-resuscitate Orders 166.205
Revocation of Do-not-resuscitate Order 166.206
Procedure for Failure to Execute Do-not-resuscitate Order or Patient Instructions 166.207
Limitation on Liability for Issuing Dnr Order or Withholding Cardiopulmonary Resuscitation 166.208
Limitation on Liability for Failure to Effectuate Dnr Order 166.209
Enforcement 166.0445
Limitation on Liability for Performing Certain Medical Procedures 166.0465
Ethics or Medical Committee Decision Related to Patient Disability
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Accessed:
Jun. 5, 2024

§ 166.004’s source at texas​.gov