Tex. Health & Safety Code Section 166.052
Statements Explaining Patient’s Right to Transfer

(a)

In cases in which the attending physician refuses to honor an advance directive or health care or treatment decision requesting the provision of life-sustaining treatment for a patient who is determined to be incompetent or is otherwise mentally or physically incapable of communication, the statement required by Section 166.046 (Procedure if Not Effectuating Directive or Treatment Decision for Certain Patients)(b)(2)(A) shall be in substantially the following form:
You have been given this information because the patient has requested through an advance directive or you have requested on behalf of the patient that life-sustaining treatment* be provided to the patient, which the attending physician believes is not medically appropriate. This information is being provided to help you understand state law, your rights, and the resources available to you in such circumstances. It outlines the process for resolving disagreements about treatment among patients, families, and physicians. It is based upon Section 166.046 (Procedure if Not Effectuating Directive or Treatment Decision for Certain Patients) of the Texas Advance Directives Act, codified in Chapter 166 (Advance Directives), Texas Health and Safety Code.
When an attending physician refuses to comply with an advance directive or other request for life-sustaining treatment for a patient who is determined to be incompetent or is otherwise mentally or physically incapable of communication because of the physician’s judgment that the treatment would be medically inappropriate, the case will be reviewed by an ethics or medical committee. Life-sustaining treatment will be provided through the review.
You will receive notification of this review at least seven calendar days before a meeting of the committee related to your case. You are entitled to attend the meeting. With your agreement, the meeting may be held sooner than seven calendar days, if possible.
You are entitled to receive a written explanation of the decision reached during the review process.
If after this review process both the attending physician and the ethics or medical committee conclude that life-sustaining treatment is medically inappropriate and yet you continue to request such treatment, then the following procedure will occur:
1. The physician, with the help of the health care facility, will assist you in trying to find a physician and facility willing to provide the requested treatment.
2. You are being given a list of health care providers, licensed physicians, health care facilities, and referral groups that have volunteered their readiness to consider accepting transfer, or to assist in locating a provider willing to accept transfer, maintained by the Department of State Health Services. You may wish to contact providers, facilities, or referral groups on the list or others of your choice to get help in arranging a transfer.
3. The patient will continue to be given life-sustaining treatment until the patient can be transferred to a willing provider for up to 25 calendar days from the time you were given a written notice of the first day of the 25-day period or a medical procedure is performed that delayed the 25-day period and for which you received notice, whichever occurs first. The patient will continue to be given after the 25-day period treatment to enhance pain management and reduce suffering, including artificially administered nutrition and hydration, unless, based on reasonable medical judgment, providing artificially administered nutrition and hydration would hasten the patient’s death, be medically contraindicated such that the provision of the treatment seriously exacerbates life-threatening medical problems not outweighed by the benefit of the provision of the treatment, result in substantial irremediable physical pain not outweighed by the benefit of the provision of the treatment, be medically ineffective in prolonging life, or be contrary to the patient’s or surrogate’s clearly documented desires.
4. If a transfer can be arranged, the patient will be responsible for the costs of the transfer.
5. If a provider cannot be found willing to give the requested treatment within 25 calendar days, life-sustaining treatment may be withdrawn unless a court of law has granted an extension.
6. You may ask the appropriate district or county court to extend the 25-day period if the court finds that there is a reasonable expectation that you may find a physician or health care facility willing to provide life-sustaining treatment if the extension is granted. Patient medical records will be provided to the patient or surrogate in accordance with Section 241.154 (Request), Texas Health and Safety Code.
*“Life-sustaining treatment” means treatment that, based on reasonable medical judgment, sustains the life of a patient and without which the patient will die. The term includes both life-sustaining medications and artificial life support, such as mechanical breathing machines, kidney dialysis treatment, and artificially administered nutrition and hydration. The term does not include the administration of pain management medication or the performance of a medical procedure considered to be necessary to provide comfort care, or any other medical care provided to alleviate a patient’s pain.

(b)

In cases in which the attending physician refuses to comply with an advance directive or a health care or treatment decision requesting the withholding or withdrawal of life-sustaining treatment for a patient who is determined to be incompetent or is otherwise mentally or physically incapable of communication, the statement required by Section 166.046 (Procedure if Not Effectuating Directive or Treatment Decision for Certain Patients)(b)(2)(A) shall be in substantially the following form:
You have been given this information because the patient has requested through an advance directive or you have requested on behalf of the patient that life-sustaining treatment* be withdrawn or withheld from the patient, and the attending physician disagrees with and refuses to comply with that request. The information is being provided to help you understand state law, your rights, and the resources available to you in such circumstances. It outlines the process for resolving disagreements about treatment among patients, families, and physicians. It is based upon Section 166.046 (Procedure if Not Effectuating Directive or Treatment Decision for Certain Patients) of the Texas Advance Directives Act, codified in Chapter 166 (Advance Directives), Texas Health and Safety Code.
When an attending physician refuses to comply with an advance directive or other request for withdrawal or withholding of life-sustaining treatment for any reason, the case will be reviewed by an ethics or medical committee. Life-sustaining treatment will be provided through the review.
You will receive notification of this review at least seven calendar days before a meeting of the committee related to your case. You are entitled to attend the meeting. With your agreement, the meeting may be held sooner than seven calendar days, if possible.
You are entitled to receive a written explanation of the decision reached during the review process.
If you or the attending physician do not agree with the decision reached during the review process, and the attending physician still refuses to comply with your request to withhold or withdraw life-sustaining treatment, then the following procedure will occur:
1. The physician, with the help of the health care facility, will assist you in trying to find a physician and facility willing to withdraw or withhold the life-sustaining treatment.
2. You are being given a list of health care providers, licensed physicians, health care facilities, and referral groups that have volunteered their readiness to consider accepting transfer, or to assist in locating a provider willing to accept transfer, maintained by the Department of State Health Services. You may wish to contact providers, facilities, or referral groups on the list or others of your choice to get help in arranging a transfer.
*“Life-sustaining treatment” means treatment that, based on reasonable medical judgment, sustains the life of a patient and without which the patient will die. The term includes both life-sustaining medications and artificial life support, such as mechanical breathing machines, kidney dialysis treatment, and artificially administered nutrition and hydration. The term does not include the administration of pain management medication or the performance of a medical procedure considered to be necessary to provide comfort care, or any other medical care provided to alleviate a patient’s pain.

(c)

An attending physician or health care facility may, if it chooses, include any additional information concerning the physician’s or facility’s policy, perspective, experience, or review procedure.
Added by Acts 2003, 78th Leg., ch. 1228, Sec. 5, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0504, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 435 (H.B. 3074), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 915 (H.B. 3162), Sec. 5, eff. September 1, 2023.

Source: Section 166.052 — Statements Explaining Patient's Right to Transfer, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­166.­htm#166.­052 (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

§ 166.052’s source at texas​.gov