Tex. Health & Safety Code Section 166.205
Revocation of Do-not-resuscitate Order; Limitation of Liability

(a)

A physician providing direct care to a patient for whom a DNR order is issued shall revoke the patient’s DNR order if:

(1)

an advance directive that serves as the basis of the DNR order is properly revoked in accordance with this chapter;

(2)

the patient expresses to any person providing direct care to the patient a revocation of consent to or intent to revoke a DNR order issued under Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a); or

(3)

the DNR order was issued under Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(1)(D) or (E) or Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(3), and the person responsible for the patient’s health care decisions expresses to any person providing direct care to the patient a revocation of consent to or intent to revoke the DNR order.

(b)

A person providing direct care to a patient under the supervision of a physician shall notify the physician of the request to revoke a DNR order or of the revocation of an advance directive under Subsection (a).

(c)

A patient’s attending physician may at any time revoke a DNR order issued under:

(1)

Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(1)(A), (B), or (C), provided that:

(A)

the order is for a patient who is incompetent or otherwise mentally or physically incapable of communication; and

(B)

the decision to revoke the order is:
(i)
agreed on by the attending physician and the person responsible for the patient’s health care decisions; and
(ii)
concurred in by another physician who is not involved in the direct treatment of the patient or who is a representative of an ethics or medical committee of the health care facility in which the person is a patient;

(2)

Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(1)(E), provided that the order’s issuance was based on a treatment decision made in accordance with Section 166.039 (Procedure When Person Has Not Executed or Issued a Directive and Is Incompetent or Incapable of Communication)(e);

(3)

Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(2); or

(4)

Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(3).

(c-1)

A patient’s attending physician shall revoke a DNR order issued for the patient under Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(2) if, in the attending physician’s reasonable medical judgment, the condition described by Section 166.203 (General Procedures and Requirements for Do-not-resuscitate Orders)(a)(2)(B)(i) is no longer satisfied.

(d)

Except as otherwise provided by this subchapter, a person is not civilly or criminally liable for failure to act on a revocation described by or made under this section unless the person has actual knowledge of the revocation.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 11 (S.B. 11), Sec. 1, eff. April 1, 2018.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 915 (H.B. 3162), Sec. 9, eff. September 1, 2023.

Source: Section 166.205 — Revocation of Do-not-resuscitate Order; Limitation of Liability, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­166.­htm#166.­205 (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

§ 166.205’s source at texas​.gov