reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 166.100 (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 166.100. Legal Right or Responsibility Not Affected

Sec. 166.100.  LEGAL RIGHT OR RESPONSIBILITY NOT AFFECTED.  This subchapter does not impair or supersede any legal right or responsibility a person may have under a constitution, other statute, regulation, or court decision to effect the withholding of cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.022 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. 3.0517, eff. April 2, 2015.|
TX Health & Safety Code § 166.101 (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 166.101. Duties of Department and Executive Commissioner

Sec. 166.101.  DUTIES OF DEPARTMENT AND EXECUTIVE COMMISSIONER.  (a)  The executive commissioner shall, on the recommendation of the department, adopt all reasonable and necessary rules to carry out the purposes of this subchapter, including rules:(1)  adopting a statewide out-of-hospital DNR order protocol that sets out standard procedures for the withholding of cardiopulmonary resuscitation and certain other life-sustaining treatment by health care professionals acting in out-of-hospital settings;(2)  designating life-sustaining treatment that may be included in an out-of-hospital DNR order, including all procedures listed in Sections 166.081(6)(A)(i) through (v); and(3)  governing recordkeeping in circumstances in which an out-of-hospital DNR order or DNR identification device is encountered by responding health care professionals.(b)  The rules adopted under Subsection (a) are not effective until approved by the Texas Medical Board.(c)  Local emergency medical services authorities may adopt local out-of-hospital DNR order protocols if the local protocols do not conflict with the statewide out-of-hospital DNR order protocol adopted by the executive commissioner.(d)  The executive commissioner by rule shall specify a distinctive standard design for a necklace and a bracelet DNR identification device that signifies, when worn by a person, that the possessor has executed or issued a valid out-of-hospital DNR order under this subchapter or is a person for whom a valid out-of-hospital DNR order has been executed or issued.(e)  The department shall report to the executive commissioner from time to time regarding issues identified in emergency medical services responses in which an out-of-hospital DNR order or DNR identification device is encountered.  The report may contain recommendations to the executive commissioner for necessary modifications to the form of the standard out-of-hospital DNR order or the designated life-sustaining procedures listed in the standard out-of-hospital DNR order, the statewide out-of-hospital DNR order protocol, or the DNR identification devices.|Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995.  Renumbered from Sec. 674.023 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. 3.0517, eff. April 2, 2015.|
TX Health & Safety Code § 166.102 (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 166.102. Physician's Dnr Order May Be Honored by Health Care Personnel Other Than Emergency Medical Services Personnel

Sec. 166.102.  PHYSICIAN'S DNR ORDER MAY BE HONORED BY HEALTH CARE PERSONNEL OTHER THAN EMERGENCY MEDICAL SERVICES PERSONNEL.  (a)  Except as provided by Subsection (b), a licensed nurse or person providing health care services in an out-of-hospital setting may honor a physician's do-not-resuscitate order.(b)  When responding to a call for assistance, emergency medical services personnel:(1)  shall honor only a properly executed or issued out-of-hospital DNR order or prescribed DNR identification device in accordance with this subchapter; and(2)  have no duty to review, examine, interpret, or honor a person's other written directive, including a written directive in the form prescribed by Section 166.033.|Added by Acts 2003, 78th Leg., ch. 1228, Sec. 7, eff. June 20, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 710 (H.B. 577), Sec. 1, eff. June 17, 2011.|
TX Health & Safety Code § 166.151 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.151. Definitions

Sec. 166.151.  DEFINITIONS.  In this subchapter:(1)  "Adult" means a person 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed.(2)  "Agent" means an adult to whom authority to make health care decisions is delegated under a medical power of attorney.(3)  "Health care provider" means an individual or facility licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice and includes a physician.(4)  "Principal" means an adult who has executed a medical power of attorney.(5)  "Residential care provider" means an individual or facility licensed, certified, or otherwise authorized to operate, for profit or otherwise, a residential care home.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.001 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.152 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.152. Scope and Duration of Authority

Sec. 166.152.  SCOPE AND DURATION OF AUTHORITY.  (a)  Subject to this subchapter or any express limitation on the authority of the agent contained in the medical power of attorney, the agent may make any health care decision on the principal's behalf that the principal could make if the principal were competent.(b)  An agent may exercise authority only if the principal's attending physician certifies in writing and files the certification in the principal's medical record that, based on the attending physician's reasonable medical judgment, the principal is incompetent.(c)  Notwithstanding any other provisions of this subchapter, treatment may not be given to or withheld from the principal if the principal objects regardless of whether, at the time of the objection:(1)  a medical power of attorney is in effect;  or(2)  the principal is competent.(d)  The principal's attending physician shall make reasonable efforts to inform the principal of any proposed treatment or of any proposal to withdraw or withhold treatment before implementing an agent's advance directive.(e)  After consultation with the attending physician and other health care providers, the agent shall make a health care decision:(1)  according to the agent's knowledge of the principal's wishes, including the principal's religious and moral beliefs;  or(2)  if the agent does not know the principal's wishes, according to the agent's assessment of the principal's best interests.(f)  Notwithstanding any other provision of this subchapter, an agent may not consent to:(1)  voluntary inpatient mental health services;(2)  convulsive treatment;(3)  psychosurgery;(4)  abortion;  or(5)  neglect of the principal through the omission of care primarily intended to provide for the comfort of the principal.(g)  The power of attorney is effective indefinitely on execution as provided by this subchapter and delivery of the document to the agent, unless it is revoked as provided by this subchapter or the principal becomes competent. If the medical power of attorney includes an expiration date and on that date the principal is incompetent, the power of attorney continues to be effective until the principal becomes competent unless it is revoked as provided by this subchapter.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.002 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.153 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.153. Persons Who May Not Exercise Authority of Agent

Sec. 166.153.  PERSONS WHO MAY NOT EXERCISE AUTHORITY OF AGENT.  A person may not exercise the authority of an agent while the person serves as:(1)  the principal's health care provider;(2)  an employee of the principal's health care provider unless the person is a relative of the principal;(3)  the principal's residential care provider;  or(4)  an employee of the principal's residential care provider unless the person is a relative of the principal.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.003 by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.154 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.154. Execution

Sec. 166.154.  EXECUTION.  (a)  Except as provided by Subsection (b), the medical power of attorney must be signed by the principal 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 document.(b)  The principal, in lieu of signing in the presence of the witnesses, may sign the medical power of attorney and have the signature acknowledged before a notary public.(c)  If the principal is physically unable to sign, another person may sign the medical power of attorney with the principal's name in the principal's presence and at the principal's express direction.  The person may use a digital or electronic signature authorized under Section 166.011.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.004 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 461 (H.B. 2585), Sec. 8, eff. September 1, 2009.|
TX Health & Safety Code § 166.155 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.155. Revocation; Effect of Termination of Marriage

Sec. 166.155.  REVOCATION; EFFECT OF TERMINATION OF MARRIAGE.  (a)  A medical power of attorney is revoked by:(1)  oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal's mental state; or(2)  execution by the principal of a subsequent medical power of attorney.(a-1)  An agent's authority under a medical power of attorney is revoked if the agent's marriage to the principal is dissolved, annulled, or declared void unless the medical power of attorney provides otherwise.(b)  A principal's licensed or certified health or residential care provider who is informed of or provided with a revocation of a medical power of attorney shall immediately record the revocation in the principal's medical record and give notice of the revocation to the agent and any known health and residential care providers currently responsible for the principal's care.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.005 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 995 (H.B. 995), Sec. 1, eff. January 1, 2018.Acts 2017, 85th Leg., R.S., Ch. 995 (H.B. 995), Sec. 2, eff. January 1, 2018.|
TX Health & Safety Code § 166.156 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.156. Appointment of Guardian

Sec. 166.156.  APPOINTMENT OF GUARDIAN.  (a)  On motion filed in connection with a petition for appointment of a guardian or, if a guardian has been appointed, on petition of the guardian, a probate court shall determine whether to suspend or revoke the authority of the agent.(b)  The court shall consider the preferences of the principal as expressed in the medical power of attorney.(c)  During the pendency of the court's determination under Subsection (a), the guardian has the sole authority to make any health care decisions unless the court orders otherwise.  If a guardian has not been appointed, the agent has the authority to make any health care decisions unless the court orders otherwise.(d)  A person, including any attending physician or health or residential care provider, who does not have actual knowledge of the appointment of a guardian or an order of the court granting authority to someone other than the agent to make health care decisions is not subject to criminal or civil liability and has not engaged in unprofessional conduct for implementing an agent's health care decision.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.006 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.157 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.157. Disclosure of Medical Information

Sec. 166.157.  DISCLOSURE OF MEDICAL INFORMATION.  Subject to any limitations in the medical power of attorney, an agent may, for the purpose of making a health care decision:(1)  request, review, and receive any information, oral or written, regarding the principal's physical or mental health, including medical and hospital records;(2)  execute a release or other document required to obtain the information;  and(3)  consent to the disclosure of the information.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.007 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.158 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.158. Duty of Health or Residential Care Provider

Sec. 166.158.  DUTY OF HEALTH OR RESIDENTIAL CARE PROVIDER.  (a)  A principal's health or residential care provider and an employee of the provider who knows of the existence of the principal's medical power of attorney shall follow a directive of the principal's agent to the extent it is consistent with the desires of the principal, this subchapter, and the medical power of attorney.(b)  The attending physician does not have a duty to verify that the agent's directive is consistent with the principal's wishes or religious or moral beliefs.(c)  A principal's health or residential care provider who finds it impossible to follow a directive by the agent because of a conflict with this subchapter or the medical power of attorney shall inform the agent as soon as is reasonably possible.  The agent may select another attending physician.  The procedures established under Sections 166.045 and 166.046 apply if the agent's directive concerns providing, withholding, or withdrawing life-sustaining treatment.(d)  This subchapter may not be construed to require a health or residential care provider who is not a physician to act in a manner contrary to a physician's order.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.008 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.159 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.159. Discrimination Relating to Execution of Medical Power of Attorney

Sec. 166.159.  DISCRIMINATION RELATING TO EXECUTION OF MEDICAL POWER OF ATTORNEY.  A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not:(1)  charge a person a different rate solely because the person has executed a medical power of attorney;(2)  require a person to execute a medical power of attorney before:(A)  admitting the person to a hospital, nursing home, or residential care home;(B)  insuring the person;  or(C)  allowing the person to receive health or residential care;  or(3)  refuse health or residential care to a person solely because the person has executed a medical power of attorney.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.009 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.160 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.160. Limitation on Liability

Sec. 166.160.  LIMITATION ON LIABILITY.  (a)  An agent is not subject to criminal or civil liability for a health care decision if the decision is made in good faith under the terms of the medical power of attorney and the provisions of this subchapter.(b)  An attending physician, health or residential care provider, or a person acting as an agent for or under the physician's or provider's control is not subject to criminal or civil liability and has not engaged in unprofessional conduct for an act or omission if the act or omission:(1)  is done in good faith under the terms of the medical power of attorney, the directives of the agent, and the provisions of this subchapter;  and(2)  does not constitute a failure to exercise reasonable care in the provision of health care services.(c)  The standard of care that the attending physician, health or residential care provider, or person acting as an agent for or under the physician's or provider's control shall exercise under Subsection (b) is that degree of care that an attending physician, health or residential care provider, or person acting as an agent for or under the physician's or provider's control, as applicable, of ordinary prudence and skill would have exercised under the same or similar circumstances in the same or similar community.(d)  An attending physician, health or residential care provider, or person acting as an agent for or under the physician's or provider's control has not engaged in unprofessional conduct for:(1)  failure to act as required by the directive of an agent or a medical power of attorney if the physician, provider, or person was not provided with a copy of the medical power of attorney or had no knowledge of a directive;  or(2)  acting as required by an agent's directive if the medical power of attorney has expired or been revoked but the physician, provider, or person does not have knowledge of the expiration or revocation.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.010 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.161 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.161. Liability for Health Care Costs

Sec. 166.161.  LIABILITY FOR HEALTH CARE COSTS.  Liability for the cost of health care provided as a result of the agent's decision is the same as if the health care were provided as a result of the principal's decision.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.011 by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.165 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.165. Civil Action

Sec. 166.165.  CIVIL ACTION.  (a)  A person who is a near relative of the principal or a responsible adult who is directly interested in the principal, including a guardian, social worker, physician, or clergyman, may bring an action to request that the medical power of attorney be revoked because the principal, at the time the medical power of attorney was signed:(1)  was not competent; or(2)  was under duress, fraud, or undue influence.(a-1)  In a county in which there is no statutory probate court, an action under this section shall be brought in the district court.  In a county in which there is a statutory probate court, the statutory probate court and the district court have concurrent jurisdiction over an action brought under this section.(b)  The action may be brought in the county of the principal's residence or the residence of the person bringing the action.(c)  During the pendency of the action, the authority of the agent to make health care decisions continues in effect unless the court orders otherwise.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.017 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 134 (S.B. 651), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 166.166 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter D. Medical Power of Attorney|Section 166.166. Other Rights or Responsibilities Not Affected

Sec. 166.166.  OTHER RIGHTS OR RESPONSIBILITIES NOT AFFECTED.  This subchapter does not limit or impair any legal right or responsibility that any person, including a physician or health or residential care provider, may have to make or implement health care decisions on behalf of a person, provided that if an attending physician or health care facility is unwilling to honor a patient's advance directive or a treatment decision to provide life-sustaining treatment, life-sustaining treatment is required to be provided the patient, but only until a reasonable opportunity has been afforded for transfer of the patient to another physician or health care facility willing to comply with the advance directive or treatment decision.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991.  Renumbered from Civil Practice & Remedies Code Sec. 135.018 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.|