reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 166.082 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.082. Out-of-Hospital Dnr Order; Directive to Physicians

Sec. 166.082.  OUT-OF-HOSPITAL DNR ORDER;  DIRECTIVE TO PHYSICIANS.  (a)  A competent person may at any time execute a written out-of-hospital DNR order directing health care professionals acting in an out-of-hospital setting to withhold cardiopulmonary resuscitation and certain other life-sustaining treatment designated by department rule.(b)  Except as provided by this subsection, the declarant must sign the out-of-hospital DNR order in the presence of two witnesses who qualify under Section 166.003, at least one of whom must be a witness who qualifies under Section 166.003(2).  The witnesses must sign the order.  The attending physician of the declarant must sign the order and shall make the fact of the existence of the order and the reasons for execution of the order a part of the declarant's medical record.  The declarant, in lieu of signing in the presence of witnesses, may sign the out-of-hospital DNR order and have the signature acknowledged before a notary public.(c)  If the person is incompetent but previously executed or issued a directive to physicians in accordance with Subchapter B, the physician may rely on the directive as the person's instructions to issue an out-of-hospital DNR order and shall place a copy of the directive in the person's medical record.  The physician shall sign the order in lieu of the person signing under Subsection (b) and may use a digital or electronic signature authorized under Section 166.011.(d)  If the person is incompetent but previously executed or issued a directive to physicians in accordance with Subchapter B designating a proxy, the proxy may make any decisions required of the designating person as to an out-of-hospital DNR order and shall sign the order in lieu of the person signing under Subsection (b).(e)  If the person is now incompetent but previously executed or issued a medical power of attorney designating an agent, the agent may make any decisions required of the designating person as to an out-of-hospital DNR order and shall sign the order in lieu of the person signing under Subsection (b).(f)  The executive commissioner, on the recommendation of the department, shall by rule adopt procedures for the disposition and maintenance of records of an original out-of-hospital DNR order and any copies of the order.(g)  An out-of-hospital DNR order is effective on its execution.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.002 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. 5, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0507, eff. April 2, 2015.|
TX Health & Safety Code § 166.084 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.084. Issuance of Out-of-Hospital Dnr Order by Nonwritten Communication

Sec. 166.084.  ISSUANCE OF OUT-OF-HOSPITAL DNR ORDER BY NONWRITTEN COMMUNICATION.  (a)  A competent person who is an adult may issue an out-of-hospital DNR order by nonwritten communication.(b)  A declarant must issue the nonwritten out-of-hospital DNR order in the presence of the attending physician and two witnesses who qualify under Section 166.003, at least one of whom must be a witness who qualifies under Section 166.003(2).(c)  The attending physician and witnesses shall sign the out-of-hospital DNR order in the place of the document provided by Section 166.083(b)(7) and the attending physician shall sign the document in the place required by Section 166.083(b)(13).  The physician shall make the fact of the existence of the out-of-hospital DNR order a part of the declarant's medical record and the names of the witnesses shall be entered in the medical record.(d)  An out-of-hospital DNR order issued in the manner provided by this section is valid and shall be honored by responding health care professionals as if executed in the manner provided by Section 166.082.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.004 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.085 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.085. Execution of Out-of-Hospital Dnr Order on Behalf of a Minor

Sec. 166.085.  EXECUTION OF OUT-OF-HOSPITAL DNR ORDER ON BEHALF OF A MINOR.  (a)  The following persons may execute an out-of-hospital DNR order on behalf of a minor:(1)  the minor's parents;(2)  the minor's legal guardian;  or(3)  the minor's managing conservator.(b)  A person listed under Subsection (a) may not execute an out-of-hospital DNR order unless the minor has been diagnosed by a physician as suffering from a terminal or irreversible condition.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.005 by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1228, Sec. 6, eff. June 20, 2003.|
TX Health & Safety Code § 166.086 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.086. Desire of Person Supersedes Out-of-Hospital Dnr Order

Sec. 166.086.  DESIRE OF PERSON SUPERSEDES OUT-OF-HOSPITAL DNR ORDER.  The desire of a competent person, including a competent minor, supersedes the effect of an out-of-hospital DNR order executed or issued by or on behalf of the person when the desire is communicated to responding health care professionals as provided by this subchapter.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.006 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.087 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.087. Procedure When Declarant Is Incompetent or Incapable of Communication

Sec. 166.087.  PROCEDURE WHEN DECLARANT IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  This section applies when a person 18 years of age or older has executed or issued an out-of-hospital DNR order and subsequently becomes incompetent or otherwise mentally or physically incapable of communication.(b)  If the adult person has designated a person to make a treatment decision as authorized by Section 166.032(c), the attending physician and the designated person shall comply with the out-of-hospital DNR order.(c)  If the adult person has not designated a person to make a treatment decision as authorized by Section 166.032(c), the attending physician shall comply with the out-of-hospital DNR order unless the physician believes that the order does not reflect the person's present desire.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.007 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.088 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.088. Procedure When Person Has Not Executed or Issued Out-of-Hospital Dnr Order and Is Incompetent or Incapable of Communication

Sec. 166.088.  PROCEDURE WHEN PERSON HAS NOT EXECUTED OR ISSUED OUT-OF-HOSPITAL DNR ORDER AND IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  If an adult person has not executed or issued an out-of-hospital DNR order and is incompetent or otherwise mentally or physically incapable of communication, the attending physician and the person's legal guardian, proxy, or agent having a medical power of attorney may execute an out-of-hospital DNR order on behalf of the person.(b)  If the person does not have a legal guardian, proxy, or agent under a medical power of attorney, the attending physician and at least one qualified relative from a category listed by Section 166.039(b), subject to the priority established under that subsection, may execute an out-of-hospital DNR order in the same manner as a treatment decision made under Section 166.039(b).(c)  A decision to execute an out-of-hospital DNR order made under Subsection (a) or (b) must be based on knowledge of what the person would desire, if known.(d)  An out-of-hospital DNR order executed under Subsection (b) must be made in the presence of at least two witnesses who qualify under Section 166.003, at least one of whom must be a witness who qualifies under Section 166.003(2).(e)  The fact that an adult person has not executed or issued an out-of-hospital DNR order does not create a presumption that the person does not want a treatment decision made to withhold cardiopulmonary resuscitation and certain other designated life-sustaining treatment designated by department rule.(f)  If there is not a qualified relative available to act for the person under Subsection (b), an out-of-hospital DNR order must be concurred in by another physician who is not involved in the treatment of the patient or who is a representative of the ethics or medical committee of the health care facility in which the person is a patient.(g)  A person listed in Section 166.039(b) who wishes to challenge a decision made under this section must apply for temporary guardianship under Chapter 1251, Estates Code.  The court may waive applicable fees in that proceeding.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.008 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0509, eff. April 2, 2015.|
TX Health & Safety Code § 166.090 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.090. Dnr Identification Device

Sec. 166.090.  DNR IDENTIFICATION DEVICE.  (a)  A person who has a valid out-of-hospital DNR order under this subchapter may wear a DNR identification device around the neck or on the wrist as prescribed by department rule adopted under Section 166.101.(b)  The presence of a DNR identification device on the body of a person is conclusive evidence that the person has executed or issued a valid out-of-hospital DNR order or has a valid out-of-hospital DNR order executed or issued on the person's behalf.  Responding health care professionals shall honor the DNR identification device as if a valid out-of-hospital DNR order form executed or issued by the person were found in the possession of the person.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.010 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0511, eff. April 2, 2015.|
TX Health & Safety Code § 166.091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.091. Duration of Out-of-Hospital Dnr Order

Sec. 166.091.  DURATION OF OUT-OF-HOSPITAL DNR ORDER.  An out-of-hospital DNR order is effective until it is revoked as prescribed by Section 166.092.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.011 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.092 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.092. Revocation of Out-of-Hospital Dnr Order

Sec. 166.092.  REVOCATION OF OUT-OF-HOSPITAL DNR ORDER.  (a)  A declarant may revoke an out-of-hospital DNR order at any time without regard to the declarant's mental state or competency.  An order may be revoked by:(1)  the declarant or someone in the declarant's presence and at the declarant's direction destroying the order form and removing the DNR identification device, if any;(2)  a person who identifies himself or herself as the legal guardian, as a qualified relative, or as the agent of the declarant having a medical power of attorney who executed the out-of-hospital DNR order or another person in the person's presence and at the person's direction destroying the order form and removing the DNR identification device, if any;(3)  the declarant communicating the declarant's intent to revoke the order;  or(4)  a person who identifies himself or herself as the legal guardian, a qualified relative, or the agent of the declarant having a medical power of attorney who executed the out-of-hospital DNR order orally stating the person's intent to revoke the order.(b)  An oral revocation under Subsection (a)(3) or (a)(4) takes effect only when the declarant or a person who identifies himself or herself as the legal guardian, a qualified relative, or the agent of the declarant having a medical power of attorney who executed the out-of-hospital DNR order communicates the intent to revoke the order to the responding health care professionals or the attending physician at the scene.  The responding health care professionals shall record the time, date, and place of the revocation in accordance with the statewide out-of-hospital DNR protocol and rules adopted by the executive commissioner and any applicable local out-of-hospital DNR protocol.  The attending physician or the physician's designee shall record in the person's medical record the time, date, and place of the revocation and, if different, the time, date, and place that the physician received notice of the revocation.  The attending physician or the physician's designee shall also enter the word "VOID" on each page of the copy of the order in the person's medical record.(c)  Except as otherwise provided by this subchapter, a person is not civilly or criminally liable for failure to act on a revocation made under this section unless the person has actual knowledge of the revocation.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16 1995.  Renumbered from Sec. 674.012 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0512, eff. April 2, 2015.|
TX Health & Safety Code § 166.093 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.093. Reexecution of Out-of-Hospital Dnr Order

Sec. 166.093.  REEXECUTION OF OUT-OF-HOSPITAL DNR ORDER.  A declarant may at any time reexecute or reissue an out-of-hospital DNR order in accordance with the procedures prescribed by Section 166.082, including reexecution or reissuance after the declarant is diagnosed as having a terminal or irreversible condition.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.013 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.094 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.094. Limitation on Liability for Withholding Cardiopulmonary Resuscitation and Certain Other Life-Sustaining Procedures

Sec. 166.094.  LIMITATION ON LIABILITY FOR WITHHOLDING CARDIOPULMONARY RESUSCITATION AND CERTAIN OTHER LIFE-SUSTAINING PROCEDURES.  (a)  A health care professional or health care facility or entity that in good faith causes cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule to be withheld from a person in accordance with this subchapter is not civilly liable for that action.(b)  A health care professional or health care facility or entity that in good faith participates in withholding cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule from a person in accordance with this subchapter is not civilly liable for that action.(c)  A health care professional or health care facility or entity that in good faith participates in withholding cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule from a person in accordance with this subchapter is not criminally liable or guilty of unprofessional conduct as a result of that action.(d)  A health care professional or health care facility or entity that in good faith causes or participates in withholding cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule from a person in accordance with this subchapter and rules adopted under this subchapter is not in violation of any other licensing or regulatory laws or rules of this state and is not subject to any disciplinary action or sanction by any licensing or regulatory agency of this state as a result of that action.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.016 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0513, eff. April 2, 2015.|
TX Health & Safety Code § 166.095 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.095. Limitation on Liability for Failure to Effectuate Out-of-Hospital Dnr Order

Sec. 166.095.  LIMITATION ON LIABILITY FOR FAILURE TO EFFECTUATE OUT-OF-HOSPITAL DNR ORDER.  (a)  A health care professional or health care facility or entity that has no actual knowledge of an out-of-hospital DNR order is not civilly or criminally liable for failing to act in accordance with the order.(b)  A health care professional or health care facility or entity is subject to review and disciplinary action by the appropriate licensing board for failing to effectuate an out-of-hospital DNR order.  This subsection does not limit remedies available under other laws of this state.(c)  If an attending physician refuses to execute or comply with an out-of-hospital DNR order, the physician shall inform the person, the legal guardian or qualified relatives of the person, or the agent of the person having a medical power of attorney and, if the person or another authorized to act on behalf of the person so directs, shall make a reasonable effort to transfer the person to another physician who is willing to execute or comply with an out-of-hospital DNR order.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.017 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.096 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.096. Honoring Out-of-Hospital Dnr Order Does Not Constitute Offense of Aiding Suicide

Sec. 166.096.  HONORING OUT-OF-HOSPITAL DNR ORDER DOES NOT CONSTITUTE OFFENSE OF AIDING SUICIDE.  A person does not commit an offense under Section 22.08, Penal Code, by withholding cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule from a person in accordance with this subchapter.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.018 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0514, eff. April 2, 2015.|
TX Health & Safety Code § 166.097 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.097. Criminal Penalty; Prosecution

Sec. 166.097.  CRIMINAL PENALTY;  PROSECUTION.  (a)  A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's out-of-hospital DNR order or DNR identification device without that person's consent or the consent of the person or persons authorized to execute or issue an out-of-hospital DNR order on behalf of the person under this subchapter. An offense under this subsection is a Class A misdemeanor.(b)  A person is subject to prosecution for criminal homicide under Chapter 19, Penal Code, if the person, with the intent to cause cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule to be withheld from another person contrary to the other person's desires, falsifies or forges an out-of-hospital DNR order or intentionally conceals or withholds personal knowledge of a revocation and thereby directly causes cardiopulmonary resuscitation and certain other life-sustaining treatment designated by department rule to be withheld from the other person with the result that the other person's death is hastened.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.019 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0515, eff. April 2, 2015.|
TX Health & Safety Code § 166.098 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.098. Pregnant Persons

Sec. 166.098.  PREGNANT PERSONS.  A person may not withhold cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule under this subchapter from a person known by the responding health care professionals to be pregnant.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.020 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0516, eff. April 2, 2015.|
TX Health & Safety Code § 166.099 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders|Section 166.099. Mercy Killing Not Condoned

Sec. 166.099.  MERCY KILLING NOT CONDONED.  This subchapter does not condone, authorize, or approve mercy killing or permit an affirmative or deliberate act or omission to end life except to permit the natural process of dying as provided by this subchapter.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.021 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.|