Tex. Health & Safety Code Section 166.083
Form of Out-of-hospital Dnr Order


(a)

A written out-of-hospital DNR order shall be in the standard form specified by department rule as recommended by the department.

(b)

The standard form of an out-of-hospital DNR order specified by department rule must, at a minimum, contain the following:

(1)

a distinctive single-page format that readily identifies the document as an out-of-hospital DNR order;

(2)

a title that readily identifies the document as an out-of-hospital DNR order;

(3)

the printed or typed name of the person;

(4)

a statement that the physician signing the document is the attending physician of the person and that the physician is directing health care professionals acting in out-of-hospital settings, including a hospital emergency department, not to initiate or continue certain life-sustaining treatment on behalf of the person, and a listing of those procedures not to be initiated or continued;

(5)

a statement that the person understands that the person may revoke the out-of-hospital DNR order at any time by destroying the order and removing the DNR identification device, if any, or by communicating to health care professionals at the scene the person’s desire to revoke the out-of-hospital DNR order;

(6)

places for the printed names and signatures of the witnesses or the notary public’s acknowledgment and for the printed name and signature of the attending physician of the person and the medical license number of the attending physician;

(7)

a separate section for execution of the document by the legal guardian of the person, the person’s proxy, an agent of the person having a medical power of attorney, or the attending physician attesting to the issuance of an out-of-hospital DNR order by nonwritten means of communication or acting in accordance with a previously executed or previously issued directive to physicians under Section 166.082 (Out-of-hospital Dnr Order; Directive to Physicians)(c) that includes the following:

(A)

a statement that the legal guardian, the proxy, the agent, the person by nonwritten means of communication, or the physician directs that each listed life-sustaining treatment should not be initiated or continued in behalf of the person; and

(B)

places for the printed names and signatures of the witnesses and, as applicable, the legal guardian, proxy, agent, or physician;

(8)

a separate section for execution of the document by at least one qualified relative of the person when the person does not have a legal guardian, proxy, or agent having a medical power of attorney and is incompetent or otherwise mentally or physically incapable of communication, including:

(A)

a statement that the relative of the person is qualified to make a treatment decision to withhold cardiopulmonary resuscitation and certain other designated life-sustaining treatment under Section 166.088 (Procedure When Person Has Not Executed or Issued Out-of-hospital Dnr Order and Is Incompetent or Incapable of Communication) and, based on the known desires of the person or a determination of the best interest of the person, directs that each listed life-sustaining treatment should not be initiated or continued in behalf of the person; and

(B)

places for the printed names and signatures of the witnesses and qualified relative of the person;

(9)

a place for entry of the date of execution of the document;

(10)

a statement that the document is in effect on the date of its execution and remains in effect until the death of the person or until the document is revoked;

(11)

a statement that the document must accompany the person during transport;

(12)

a statement regarding the proper disposition of the document or copies of the document, as the executive commissioner determines appropriate; and

(13)

a statement at the bottom of the document, with places for the signature of each person executing the document, that the document has been properly completed.

(c)

The executive commissioner may, by rule and as recommended by the department, modify the standard form of the out-of-hospital DNR order described by Subsection (b) in order to accomplish the purposes of this subchapter.

(d)

A photocopy or other complete facsimile of the original written out-of-hospital DNR order executed under this subchapter may be used for any purpose for which the original written order may be used under this subchapter.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995. Renumbered from Sec. 674.003 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 461 (H.B. 2585), Sec. 6, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0508, eff. April 2, 2015.

Source: Section 166.083 — Form of Out-of-hospital Dnr Order, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­166.­htm#166.­083 (accessed Apr. 20, 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

Accessed:
Apr. 20, 2024

§ 166.083’s source at texas​.gov