reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 166.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.034. Issuance of Nonwritten Directive by Competent Adult Qualified Patient

Sec. 166.034.  ISSUANCE OF NONWRITTEN DIRECTIVE BY COMPETENT ADULT QUALIFIED PATIENT.  (a)  A competent qualified patient who is an adult may issue a directive by a nonwritten means of communication.(b)  A declarant must issue the nonwritten directive 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 physician shall make the fact of the existence of the directive a part of the declarant's medical record, and the names of the witnesses shall be entered in the medical record.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.005 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.035. Execution of Directive on Behalf of Patient Younger Than 18 Years of Age

Sec. 166.035.  EXECUTION OF DIRECTIVE ON BEHALF OF PATIENT YOUNGER THAN 18 YEARS OF AGE.  The following persons may execute a directive on behalf of a qualified patient who is younger than 18 years of age:(1)  the patient's spouse, if the spouse is an adult;(2)  the patient's parents;  or(3)  the patient's legal guardian.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.006 by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.036. Notarized Document Not Required; Requirement of Specific Form Prohibited

Sec. 166.036.  NOTARIZED DOCUMENT NOT REQUIRED;  REQUIREMENT OF SPECIFIC FORM PROHIBITED.  (a)  Except as provided by Section 166.032(b-1), a written directive executed under Section 166.033 or 166.035 is effective without regard to whether the document has been notarized.(b)  A physician, health care facility, or health care professional may not require that:(1)  a directive be notarized;  or(2)  a person use a form provided by the physician, health care facility, or health care professional.|Added by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.Amended by: Acts 2009, 81st Leg., R.S., Ch. 461 (H.B. 2585), Sec. 4, eff. September 1, 2009.|
TX Health & Safety Code § 166.037 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.037. Patient Desire Supersedes Directive

Sec. 166.037.  PATIENT DESIRE SUPERSEDES DIRECTIVE.  The desire of a qualified patient, including a qualified patient younger than 18 years of age, supersedes the effect of a directive.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.007 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.038 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.038. Procedure When Declarant Is Incompetent or Incapable of Communication

Sec. 166.038.  PROCEDURE WHEN DECLARANT IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  This section applies when an adult qualified patient has executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication.(b)  If the adult qualified patient has designated a person to make a treatment decision as authorized by Section 166.032(c), the attending physician and the designated person may make a treatment decision in accordance with the declarant's directions.(c)  If the adult qualified patient has not designated a person to make a treatment decision, the attending physician shall comply with the directive unless the physician believes that the directive does not reflect the patient's present desire.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from 672.008 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.039 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.039. Procedure When Person Has Not Executed or Issued a Directive and Is Incompetent or Incapable of Communication

Sec. 166.039.  PROCEDURE WHEN PERSON HAS NOT EXECUTED OR ISSUED A DIRECTIVE AND IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.  (a)  If an adult qualified patient has not executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication, the attending physician and the patient's legal guardian or an agent under a medical power of attorney may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment from the patient.(b)  If the patient does not have a legal guardian or an agent under a medical power of attorney, the attending physician and one person, if available, from one of the following categories, in the following priority, may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment:(1)  the patient's spouse;(2)  the patient's reasonably available adult children;(3)  the patient's parents;  or(4)  the patient's nearest living relative.(c)  A treatment decision made under Subsection (a) or (b) must be based on knowledge of what the patient would desire, if known.(d)  A treatment decision made under Subsection (b) must be documented in the patient's medical record and signed by the attending physician.(e)  If the patient does not have a legal guardian and a person listed in Subsection (b) is not available, a treatment decision made under Subsection (b) must be concurred in by another physician who is not involved in the 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.(f)  The fact that an adult qualified patient has not executed or issued a directive does not create a presumption that the patient does not want a treatment decision to be made to withhold or withdraw life-sustaining treatment.(g)  A person listed in Subsection (b) who wishes to challenge a treatment decision made under this section must apply for temporary guardianship under Chapter 1251, Estates Code.  The court may waive applicable fees in that proceeding.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 291, Sec. 3, eff. Jan. 1, 1998.  Renumbered from Sec. 672.009 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0502, eff. April 2, 2015.|
TX Health & Safety Code § 166.040 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.040. Patient Certification and Prerequisites for Complying With Directive

Sec. 166.040.  PATIENT CERTIFICATION AND PREREQUISITES FOR COMPLYING WITH DIRECTIVE.  (a)  An attending physician who has been notified of the existence of a directive shall provide for the declarant's certification as a qualified patient on diagnosis of a terminal or irreversible condition.(b)  Before withholding or withdrawing life-sustaining treatment from a qualified patient under this subchapter, the attending physician must determine that the steps proposed to be taken are in accord with this subchapter and the patient's existing desires.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 6.01, eff. Nov. 12, 1991.  Renumbered from Sec. 672.010 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.041. Duration of Directive

Sec. 166.041.  DURATION OF DIRECTIVE.  A directive is effective until it is revoked as prescribed by Section 166.042.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.011 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.042 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.042. Revocation of Directive

Sec. 166.042.  REVOCATION OF DIRECTIVE.  (a)  A declarant may revoke a directive at any time without regard to the declarant's mental state or competency.  A directive may be revoked by:(1)  the declarant or someone in the declarant's presence and at the declarant's direction canceling, defacing, obliterating, burning, tearing, or otherwise destroying the directive;(2)  the declarant signing and dating a written revocation that expresses the declarant's intent to revoke the directive;  or(3)  the declarant orally stating the declarant's intent to revoke the directive.(b)  A written revocation executed as prescribed by Subsection (a)(2) takes effect only when the declarant or a person acting on behalf of the declarant notifies the attending physician of its existence or mails the revocation to the attending physician.  The attending physician or the physician's designee shall record in the patient's medical record the time and date when the physician received notice of the written revocation and shall enter the word "VOID" on each page of the copy of the directive in the patient's medical record.(c)  An oral revocation issued as prescribed by Subsection (a)(3) takes effect only when the declarant or a person acting on behalf of the declarant notifies the attending physician of the revocation.  The attending physician or the physician's designee shall record in the patient'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 designees shall also enter the word "VOID" on each page of the copy of the directive in the patient's medical record.(d)  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.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.012 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.043 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.043. Reexecution of Directive

Sec. 166.043.  REEXECUTION OF DIRECTIVE.  A declarant may at any time reexecute a directive in accordance with the procedures prescribed by Section 166.032, including reexecution after the declarant is diagnosed as having a terminal or irreversible condition.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.013 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.044 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.044. Limitation of Liability for Withholding or Withdrawing Life-Sustaining Procedures

Sec. 166.044.  LIMITATION OF LIABILITY FOR WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING PROCEDURES.  (a)  A physician or health care facility that causes life-sustaining treatment to be withheld or withdrawn from a qualified patient in accordance with this subchapter is not civilly liable for that action unless the physician or health care facility fails to exercise reasonable care when applying the patient's advance directive.(b)  A health professional, acting under the direction of a physician, who participates in withholding or withdrawing life-sustaining treatment from a qualified patient in accordance with this subchapter is not civilly liable for that action unless the health professional fails to exercise reasonable care when applying the patient's advance directive.(c)  A physician, or a health professional acting under the direction of a physician, who participates in withholding or withdrawing life-sustaining treatment from a qualified patient in accordance with this subchapter is not criminally liable or guilty of unprofessional conduct as a result of that action unless the physician or health professional fails to exercise reasonable care when applying the patient's advance directive.(d)  The standard of care that a physician, health care facility, or health care professional shall exercise under this section is that degree of care that a physician, health care facility, or health care professional, as applicable, of ordinary prudence and skill would have exercised under the same or similar circumstances in the same or a similar community.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.015 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.045 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.045. Liability for Failure to Effectuate Directive

Sec. 166.045.  LIABILITY FOR FAILURE TO EFFECTUATE DIRECTIVE.  (a)  A physician, health care facility, or health care professional who has no knowledge of a directive is not civilly or criminally liable for failing to act in accordance with the directive.(b)  A physician, or a health professional acting under the direction of a physician, is subject to review and disciplinary action by the appropriate licensing board for failing to effectuate a qualified patient's directive in violation of this subchapter or other laws of this state.  This subsection does not limit remedies available under other laws of this state.(c)  If an attending physician refuses to comply with a directive or treatment decision and does not wish to follow the procedure established under Section 166.046, life-sustaining treatment shall be provided to the patient, but only until a reasonable opportunity has been afforded for the transfer of the patient to another physician or health care facility willing to comply with the directive or treatment decision.(d)  A physician, health professional acting under the direction of a physician, or health care facility is not civilly or criminally liable or subject to review or disciplinary action by the person's appropriate licensing board if the person has complied with the procedures outlined in Section 166.046.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.016 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.047 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.047. Honoring Directive Does Not Constitute Offense of Aiding Suicide

Sec. 166.047.  HONORING DIRECTIVE DOES NOT CONSTITUTE OFFENSE OF AIDING SUICIDE.  A person does not commit an offense under Section 22.08, Penal Code, by withholding or withdrawing life-sustaining treatment from a qualified patient in accordance with this subchapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.017 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.048 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.048. Criminal Penalty; Prosecution

Sec. 166.048.  CRIMINAL PENALTY;  PROSECUTION.  (a)  A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's directive without that person's consent.  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 life-sustaining treatment to be withheld or withdrawn from another person contrary to the other person's desires, falsifies or forges a directive or intentionally conceals or withholds personal knowledge of a revocation and thereby directly causes life-sustaining treatment to be withheld or withdrawn from the other person with the result that the other person's death is hastened.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.018 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.049 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.049. Pregnant Patients

Sec. 166.049.  PREGNANT PATIENTS.  A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.019 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.050 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.050. Mercy Killing Not Condoned

Sec. 166.050.  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.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.020 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.051. Legal Right or Responsibility Not Affected

Sec. 166.051.  LEGAL RIGHT OR RESPONSIBILITY NOT AFFECTED.  This subchapter does not impair or supersede any legal right or responsibility a person may have to effect the withholding or withdrawal of life-sustaining treatment in a lawful manner, 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.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 672.021 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.|
TX Health & Safety Code § 166.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 166 - Advance Directives|Subchapter B. Directive to Physicians|Section 166.053. Registry to Assist Transfers

Sec. 166.053.  REGISTRY TO ASSIST TRANSFERS.  (a)  The department shall maintain a registry listing the identity of and contact information for health care providers and referral groups, situated inside and outside this state, that have voluntarily notified the department they may consider accepting or may assist in locating a provider willing to accept transfer of a patient under Section 166.045 or 166.046.(b)  The listing of a provider or referral group in the registry described in this section does not obligate the provider or group to accept transfer of or provide services to any particular patient.(c)  The department shall post the current registry list on its website in a form appropriate for easy comprehension by patients and persons responsible for the health care decisions of patients.  The list shall separately indicate those providers and groups that have indicated their interest in assisting the transfer of:(1)  those patients on whose behalf life-sustaining treatment is being sought;(2)  those patients on whose behalf the withholding or withdrawal of life-sustaining treatment is being sought;  and(3)  patients described in both Subdivisions (1) and (2).(d)  The registry list described in this section shall include the following disclaimer:"This registry lists providers and groups that have indicated to the Department of State Health Services their interest in assisting the transfer of patients in the circumstances described, and is provided for information purposes only.  Neither the Department of State Health Services nor the State of Texas endorses or assumes any responsibility for any representation, claim, or act of the listed providers or groups."|Added by Acts 2003, 78th Leg., ch. 1228, Sec. 5, eff. June 20, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0505, eff. April 2, 2015.|