Tex.
Health & Safety Code Section 166.204
Notice Requirements for Do-not-resuscitate Orders
(a)
If an individual arrives at a health care facility or hospital that is treating a patient for whom a DNR order is issued under Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(2) and the individual notifies a physician, physician assistant, or nurse providing direct care to the patient of the individual’s arrival, the physician, physician assistant, or nurse who has actual knowledge of the order shall, unless notice has been provided in accordance with Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(c), disclose the order to the individual, provided the individual is:(1)
the patient’s known agent under a medical power of attorney or legal guardian; or(2)
for a patient who does not have a known agent under a medical power of attorney or legal guardian, a person described by Section 166.039 (Procedure When Person Has Not Executed or Issued a Directive and Is Incompetent or Incapable of Communication)(b)(1), (2), or (3).(a-1)
For a patient who was incompetent at the time notice otherwise would have been provided to the patient under Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(c)(1) and if a physician providing direct care to the patient later determines that, based on the physician’s reasonable medical judgment, the patient has become competent, a physician, physician assistant, or nurse providing direct care to the patient shall disclose the order to the patient, provided that the physician, physician assistant, or nurse has actual knowledge:(1)
of the order; and(2)
that a physician providing direct care to the patient has determined that the patient has become competent.(b)
Failure to comply with Subsection (a) or (a-1) or Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(c) does not affect the validity of a DNR order issued under this subchapter.(c)
Any person, including a health care facility or hospital, is not civilly or criminally liable or subject to disciplinary action from the appropriate licensing authority for any act or omission related to providing notice under Subsection (a) or (a-1) of this section or Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(c) if the person:(1)
makes a good faith effort to comply with Subsection (a) or (a-1) or Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(c) and contemporaneously records in the patient’s medical record the person’s effort to comply with those provisions; or(2)
makes a good faith determination that the circumstances that would require the person to perform an act under Subsection (a) or (a-1) or Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(c) are not met.(d)
A physician, physician assistant, or nurse may satisfy the notice requirement under Subsection (a) by notifying the patient’s known agent under a medical power of attorney or legal guardian or, for a patient who does not have a known agent or guardian, one person in accordance with the priority established under Section 166.039 (Procedure When Person Has Not Executed or Issued a Directive and Is Incompetent or Incapable of Communication)(b). The physician, physician assistant, or nurse is not required to notify additional persons beyond the first person notified.(e)
On admission to a health care facility or hospital, the facility or hospital shall provide to the patient or person authorized to make treatment decisions on behalf of the patient notice of the policies of the facility or hospital regarding the rights of the patient and person authorized to make treatment decisions on behalf of the patient under this subchapter.
Source:
Section 166.204 — Notice Requirements for Do-not-resuscitate Orders, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.166.htm#166.204 (accessed Jun. 5, 2024).
