reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 166 - Advance Directives › Subchapter E. Health Care Facility Do-Not-Resuscitate Orders › Section 166.201. Definition

Sec. 166.201.  DEFINITION.  In this subchapter, "DNR order" means an order instructing a health care professional not to attempt cardiopulmonary resuscitation on a patient whose circulatory or respiratory function ceases.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 11 (S.B. 11), Sec. 1, eff. April 1, 2018.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 166 - Advance Directives › Subchapter E. Health Care Facility Do-Not-Resuscitate Orders › Section 166.202. Applicability of Subchapter

Sec. 166.202.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies to a DNR order issued in a health care facility or hospital.
(b)  This subchapter does not apply to an out-of-hospital DNR order as defined by Section 166.081.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 11 (S.B. 11), Sec. 1, eff. April 1, 2018.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 166 - Advance Directives › Subchapter E. Health Care Facility Do-Not-Resuscitate Orders › Section 166.205. Revocation of Do-Not-Resuscitate Order; Limitation of Liability

Sec. 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(a); or
(3)  the DNR order was issued under Section 166.203(a)(1)(D) or (E) or Section 166.203(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(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(a)(1)(E), provided that the order's issuance was based on a treatment decision made in accordance with Section 166.039(e);
(3)  Section 166.203(a)(2); or
(4)  Section 166.203(a)(3).
(c-1)  A patient's attending physician shall revoke a DNR order issued for the patient under Section 166.203(a)(2) if, in the attending physician's reasonable medical judgment, the condition described by Section 166.203(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.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 166 - Advance Directives › Subchapter E. Health Care Facility Do-Not-Resuscitate Orders › Section 166.206. Procedure for Failure to Execute Do-Not-Resuscitate Order or Patient Instructions

Sec. 166.206.  PROCEDURE FOR FAILURE TO EXECUTE DO-NOT-RESUSCITATE ORDER OR PATIENT INSTRUCTIONS.  (a)  If a physician, health care facility, or hospital does not wish to execute or comply with a DNR order or the patient's instructions concerning the provision of cardiopulmonary resuscitation, the physician, facility, or hospital shall inform the patient, the legal guardian or qualified relatives of the patient, or the agent of the patient under a medical power of attorney of the benefits and burdens of cardiopulmonary resuscitation.
(b)  If, after receiving notice under Subsection (a), the patient or another person authorized to act on behalf of the patient and the physician, health care facility, or hospital remain in disagreement, the physician, facility, or hospital shall make a reasonable effort to transfer the patient to another physician, facility, or hospital willing to execute or comply with a DNR order or the patient's instructions concerning the provision of cardiopulmonary resuscitation.
(c)  The procedures required by this section may not be construed to control or supersede Section 166.203(a).
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. 10, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 166 - Advance Directives › Subchapter E. Health Care Facility Do-Not-Resuscitate Orders › Section 166.207. Limitation on Liability for Issuing Dnr Order or Withholding Cardiopulmonary Resuscitation

Sec. 166.207.  LIMITATION ON LIABILITY FOR ISSUING DNR ORDER OR WITHHOLDING CARDIOPULMONARY RESUSCITATION.  A physician, health care professional, health care facility, hospital, or entity that in good faith issues a DNR order under this subchapter or that, in accordance with this subchapter, causes cardiopulmonary resuscitation to be withheld or withdrawn from a patient in accordance with a DNR order issued under this subchapter is not civilly or criminally liable or subject to review or disciplinary action by the appropriate licensing authority for that action.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 11 (S.B. 11), Sec. 1, eff. April 1, 2018.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 166 - Advance Directives › Subchapter E. Health Care Facility Do-Not-Resuscitate Orders › Section 166.208. Limitation on Liability for Failure to Effectuate Dnr Order

Sec. 166.208.  LIMITATION ON LIABILITY FOR FAILURE TO EFFECTUATE DNR ORDER.  A physician, health care professional, health care facility, hospital, or entity that has no actual knowledge of a DNR order is not civilly or criminally liable or subject to review or disciplinary action by the appropriate licensing authority for failing to act in accordance with the order.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 11 (S.B. 11), Sec. 1, eff. April 1, 2018.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 166 - Advance Directives › Subchapter E. Health Care Facility Do-Not-Resuscitate Orders › Section 166.209. Enforcement

Sec. 166.209.  ENFORCEMENT.  (a)  Subject to Sections 166.205(d), 166.207, and 166.208 and Subsection (c), a physician, physician assistant, nurse, or other person commits an offense if, with the specific intent to violate this subchapter, the person intentionally:
(1)  conceals, cancels, effectuates, or falsifies another person's DNR order in violation of this subchapter; or
(2)  conceals or withholds personal knowledge of another person's revocation of a DNR order in violation of this subchapter.
(a-1)  An offense under Subsection (a) is a Class A misdemeanor.  This section does not preclude prosecution for any other applicable offense.
(b)  Subject to Sections 166.205(d), 166.207, and 166.208, a physician, health care professional, health care facility, hospital, or entity is subject to review and disciplinary action by the appropriate licensing authority for intentionally:
(1)  failing to effectuate a DNR order in violation of this subchapter; or
(2)  issuing a DNR order in violation of this subchapter.
(c)  Subsection (a) does not apply to a person whose act or omission was based on a reasonable belief that the act or omission was in compliance with the wishes of the patient or the person responsible for the patient's health care decisions.
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. 11, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 167 - Female Genital Mutilation › Section 167.001. Female Genital Mutilation Prohibited

Sec. 167.001.  FEMALE GENITAL MUTILATION PROHIBITED.  (a)  A person commits an offense if the person:
(1)  knowingly circumcises, excises, or infibulates any part of the labia majora or labia minora or clitoris of another person who is younger than 18 years of age;
(2)  is a parent or legal guardian of another person who is younger than 18 years of age and knowingly consents to or permits an act described by Subdivision (1) to be performed on that person; or
(3)  knowingly transports or facilitates the transportation of another person who is younger than 18 years of age within this state or from this state for the purpose of having an act described by Subdivision (1) performed on that person.
(b)  An offense under this section is a state jail felony.
(c)  It is a defense to prosecution under Subsection (a) that:
(1)  the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license;  and
(2)  the act is performed for medical purposes.
(d)  It is not a defense to prosecution under this section that:
(1)  the person on whom the circumcision, excision, or infibulation was performed or was to be performed, or another person authorized to consent to medical treatment of that person, including that person's parent or legal guardian, consented to the circumcision, excision, or infibulation;
(2)  the circumcision, excision, or infibulation is required by a custom or practice of a particular group; or
(3)  the circumcision, excision, or infibulation was performed or was to be performed as part of or in connection with a religious or other ritual.
Added by Acts 1999, 76th Leg., ch. 642, Sec. 1, eff. Aug. 30, 1999.  Renumbered from Sec. 166.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(75), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 537 (S.B. 323), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 167A - Pelvic Examinations › Section 167A.001. Definitions

Sec. 167A.001.  DEFINITIONS.  In this chapter:
(1)  "Health care practitioner" means a physician, physician assistant, or advanced practice registered nurse licensed to practice in this state.
(2)  "Patient's legally authorized representative" means:
(A)  a parent, managing conservator, or guardian of a patient, if the patient is a minor;
(B)  a guardian of the patient, if the patient has been adjudicated incompetent to manage the patient's personal affairs; or
(C)  an agent of the patient authorized under a durable power of attorney for health care.
(3)  "Pelvic examination" means a physical examination by a health care practitioner of a patient's external and internal reproductive organs, genitalia, or rectum.
Added by Acts 2021, 87th Leg., R.S., Ch. 251 (H.B. 1434), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 167A - Pelvic Examinations › Section 167A.002. Limitations on Certain Pelvic Examinations

Sec. 167A.002.  LIMITATIONS ON CERTAIN PELVIC EXAMINATIONS.  (a)  A health care practitioner may not perform or delegate to another individual, including a student training to become a health care practitioner, the performance of a pelvic examination on an anesthetized or unconscious patient unless:
(1)  the pelvic examination is within the standard scope of a procedure or diagnostic examination scheduled to be performed on the patient;
(2)  the patient or the patient's legally authorized representative gives informed consent for the pelvic examination as provided by Subsection (b);
(3)  the pelvic examination is necessary for diagnosis or treatment of the patient's medical condition; or
(4)  the pelvic examination is for the purpose of collecting evidence.
(b)  To obtain informed consent to perform a pelvic examination on an unconscious or anesthetized patient, a health care practitioner must:
(1)  provide the patient or the patient's legally authorized representative with a written or electronic informed consent form that:
(A)  may be included as a distinct or separate section of a general informed consent form;
(B)  contains the following heading at the top of the form in at least 18-point boldface type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(C)  specifies the nature and purpose of the pelvic examination;
(D)  informs the patient or the patient's legally authorized representative that a medical student or resident may be present if the patient or the patient's legally authorized representative authorizes the student or resident to:
(i)  perform the pelvic examination; or
(ii)  observe or otherwise be present at the pelvic examination, either in person or through electronic means;
(E)  allows the patient or the patient's legally authorized representative the opportunity to consent to or refuse to consent to the pelvic examination; and
(F)  allows a patient or a patient's legally authorized representative that consents to a pelvic examination under Paragraph (E) the opportunity to authorize or refuse to authorize:
(i)  a medical student or resident to perform the pelvic examination; or
(ii)  a medical student or resident to observe or otherwise be present at the pelvic examination, either in person or through electronic means;
(2)  obtain the signature of the patient or the patient's legally authorized representative on the informed consent form; and
(3)  sign the informed consent form.
Added by Acts 2021, 87th Leg., R.S., Ch. 251 (H.B. 1434), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 167A - Pelvic Examinations › Section 167A.003. Disciplinary Action

Sec. 167A.003.  DISCIPLINARY ACTION.  The appropriate licensing authority may take disciplinary action against a health care practitioner who violates Section 167A.002, including imposing an administrative penalty, as if the practitioner violated an applicable licensing law.
Added by Acts 2021, 87th Leg., R.S., Ch. 251 (H.B. 1434), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.001. Definitions

Sec. 168.001.  DEFINITIONS.  In this chapter:
(1)  "Diabetes management and treatment plan" means the document required by Section 168.002.
(2)  "Individualized health plan" means the document required by Section 168.003.
(3)  "Principal" includes the principal's designee.
(4)  "School" means a public elementary or secondary school.  The term does not include an open-enrollment charter school established under Subchapter D, Chapter 12, Education Code.
(5)  "School employee" means a person employed by:
(A)  a school;
(B)  a local health department that assists a school under this chapter; or
(C)  another entity with which a school has contracted to perform its duties under this chapter.
(6)  "Unlicensed diabetes care assistant" means a school employee who has successfully completed the training required by Section 168.005.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.002. Diabetes Management and Treatment Plan

Sec. 168.002.  DIABETES MANAGEMENT AND TREATMENT PLAN.  (a)  A diabetes management and treatment plan must be developed and implemented for each student with diabetes who will seek care for the student's diabetes while at school or while participating in a school activity.  The plan shall be developed by:
(1)  the student's parent or guardian; and
(2)  the physician responsible for the student's diabetes treatment.
(b)  A diabetes management and treatment plan must:
(1)  identify the health care services the student may receive at school;
(2)  evaluate the student's ability to manage and level of understanding of the student's diabetes; and
(3)  be signed by the student's parent or guardian and the physician responsible for the student's diabetes treatment.
(c)  The parent or guardian of a student with diabetes who seeks care for the student's diabetes while the student is at school shall submit to the school a copy of the student's diabetes management and treatment plan.  The plan must be submitted to and reviewed by the school:
(1)  before or at the beginning of the school year;
(2)  on enrollment of the student, if the student enrolls in the school after the beginning of the school year; or
(3)  as soon as practicable following a diagnosis of diabetes for the student.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.003. Individualized Health Plan

Sec. 168.003.  INDIVIDUALIZED HEALTH PLAN.  (a)  An individualized health plan is a coordinated plan of care designed to meet the unique health care needs of a student with diabetes in the school setting.
(b)  An individualized health plan must be developed for each student with diabetes who will seek care for diabetes while at school or while participating in a school activity.  The school principal and the school nurse, if a school nurse is assigned to the school, shall develop a student's individualized health plan in collaboration with the student's parent or guardian and, to the extent practicable, the physician responsible for the student's diabetes treatment and one or more of the student's teachers.
(c)  A student's individualized health plan must incorporate components of the student's diabetes management and treatment plan, including the information required under Section 168.002(b).  A school shall develop a student's individualized health plan on receiving the student's diabetes management and treatment plan.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.004. Unlicensed Diabetes Care Assistant

Sec. 168.004.  UNLICENSED DIABETES CARE ASSISTANT.  (a)  At each school in which a student with diabetes is enrolled, the school principal shall:
(1)  seek school employees who are not health care professionals to serve as unlicensed diabetes care assistants and care for students with diabetes; and
(2)  make efforts to ensure that the school has:
(A)  at least one unlicensed diabetes care assistant if a full-time nurse is assigned to the school; and
(B)  at least three unlicensed diabetes care assistants if a full-time nurse is not assigned to the school.
(b)  An unlicensed diabetes care assistant shall serve under the supervision of the principal.
(c)  A school employee may not be subject to any penalty or disciplinary action for refusing to serve as an unlicensed diabetes care assistant.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.005. Training for Unlicensed Diabetes Care Assistant

Sec. 168.005.  TRAINING FOR UNLICENSED DIABETES CARE ASSISTANT.  (a)  The Texas Diabetes Council shall develop guidelines, with the assistance of the following entities, for the training of unlicensed diabetes care assistants:
(1)  the department's School Health Program;
(2)  the American Diabetes Association;
(3)  the Juvenile Diabetes Research Foundation International;
(4)  the American Association of Diabetes Educators;
(5)  the Texas Nurses Association;
(6)  the Texas School Nurse Organization; and
(7)  the Texas Education Agency.
(b)  If a school nurse is assigned to a campus, the school nurse shall coordinate the training of school employees acting as unlicensed diabetes care assistants.
(c)  Training under this section must be provided by a health care professional with expertise in the care of persons with diabetes or by the school nurse.  The training must be provided before the beginning of the school year or as soon as practicable following:
(1)  the enrollment of a student with diabetes at a campus that previously had no students with diabetes; or
(2)  a diagnosis of diabetes for a student at a campus that previously had no students with diabetes.
(d)  The training must include instruction in:
(1)  recognizing the symptoms of hypoglycemia and hyperglycemia;
(2)  understanding the proper action to take if the blood glucose levels of a student with diabetes are outside the target ranges indicated by the student's diabetes management and treatment plan;
(3)  understanding the details of a student's individualized health plan;
(4)  performing finger-sticks to check blood glucose levels, checking urine ketone levels, and recording the results of those checks;
(5)  properly administering glucagon and insulin and recording the results of the administration;
(6)  recognizing complications that require seeking emergency assistance; and
(7)  understanding the recommended schedules and food intake for meals and snacks for a student with diabetes, the effect of physical activity on blood glucose levels, and the proper actions to be taken if a student's schedule is disrupted.
(e)  The school nurse or principal shall maintain a copy of the training guidelines and any records associated with the training.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.006. Required Information for Certain Employees

Sec. 168.006.  REQUIRED INFORMATION FOR CERTAIN EMPLOYEES.  A school district shall provide to each district employee who is responsible for providing transportation for a student with diabetes or supervising a student with diabetes during an off-campus activity a one-page information sheet that:
(1)  identifies the student who has diabetes;
(2)  identifies potential emergencies that may occur as a result of the student's diabetes and the appropriate responses to such emergencies; and
(3)  provides the telephone number of a contact person in case of an emergency involving the student with diabetes.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.007. Required Care of Students With Diabetes

Sec. 168.007.  REQUIRED CARE OF STUDENTS WITH DIABETES.  (a)  If a school nurse is assigned to a campus and the nurse is available, the nurse shall perform the tasks necessary to assist a student with diabetes in accordance with the student's individualized health plan.  If a school nurse is not assigned to the campus or a school nurse is not available, an unlicensed diabetes care assistant shall perform the tasks necessary to assist the student with diabetes in accordance with the student's individualized health plan and in compliance with any guidelines provided during training under Section 168.005.   An unlicensed diabetes care assistant may perform the tasks provided by this subsection only if the parent or guardian of the student signs an agreement that:
(1)  authorizes an unlicensed diabetes care assistant to assist the student; and
(2)  states that the parent or guardian understands that an unlicensed diabetes care assistant is not liable for civil damages as provided by Section 168.009.
(b)  If a school nurse is not assigned to a campus:
(1)  an unlicensed diabetes care assistant must have access to an individual with expertise in the care of persons with diabetes, such as a physician, a registered nurse, a certified diabetes educator, or a licensed dietitian; or
(2)  the principal must have access to the physician responsible for the student's diabetes treatment.
(c)  Each school shall adopt a procedure to ensure that a school nurse or at least one unlicensed diabetes care assistant is present and available to provide the required care to a student with diabetes during the regular school day.
(d)  A school district may not restrict the assignment of a student with diabetes to a particular campus on the basis that the campus does not have the required unlicensed diabetes care assistants.
(e)  An unlicensed diabetes care assistant who assists a student as provided by Subsection (a) in compliance with a student's individualized health plan:
(1)  is not considered to be engaging in the practice of professional or vocational nursing under Chapter 301, Occupations Code, or other state law; and
(2)  is exempt from any applicable state law or rule that restricts the activities that may be performed by a person who is not a health care professional.
(f)  An unlicensed diabetes care assistant may exercise reasonable judgment in deciding whether to contact a health care provider in the event of a medical emergency involving a student with diabetes.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.008. Independent Monitoring and Treatment

Sec. 168.008.  INDEPENDENT MONITORING AND TREATMENT.  In accordance with the student's individualized health plan, a school shall permit the student to attend to the management and care of the student's diabetes, which may include:
(1)  performing blood glucose level checks;
(2)  administering insulin through the insulin delivery system the student uses;
(3)  treating hypoglycemia and hyperglycemia;
(4)  possessing on the student's person at any time any supplies or equipment necessary to monitor and care for the student's diabetes; and
(5)  otherwise attending to the management and care of the student's diabetes in the classroom, in any area of the school or school grounds, or at any school-related activity.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.009. Immunity From Disciplinary Action or Liability

Sec. 168.009.  IMMUNITY FROM DISCIPLINARY ACTION OR LIABILITY.  (a)  A school employee may not be subject to any disciplinary proceeding, as defined by Section 22.0512(b), Education Code, resulting from an action taken in compliance with this subchapter.  The requirements of this subchapter are considered to involve the employee's judgment and discretion and are not considered ministerial acts for purposes of immunity from liability under Section 22.0511, Education Code.  Nothing in the subchapter shall be considered to limit the immunity from liability afforded under Section 22.0511, Education Code.
(b)  A school nurse is not responsible for and may not be subject to disciplinary action under Chapter 301, Occupations Code, for actions performed by an unlicensed diabetes care assistant.
Added by Acts 2005, 79th Leg., Ch. 1022 (H.B. 984), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 168 - Care of Students With Diabetes › Section 168.011. Grant-Writing Coordination Program

Sec. 168.011.  GRANT-WRITING COORDINATION PROGRAM.  (a)  The department shall employ one person as a grant writer to assist and coordinate with school districts located in the Texas-Mexico border region in obtaining grants and other funds for school-based health centers.
(b)  A grant writer employed under this section may secure a grant or other funds on behalf of the state for a school-based health center.
(c)  Funds obtained by the use of a grant writer employed under this section may be used only to:
(1)  acquire, construct, or improve facilities for a school-based health center;
(2)  purchase or lease equipment or materials for a school-based health center; or
(3)  pay the salary or employment benefits of a person who is employed to work exclusively in a school-based health center.
Added by Acts 2007, 80th Leg., R.S., Ch. 1111 (H.B. 3618), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 169 - First Offender Solicitation of Prostitution Prevention Program › Section 169.001. First Offender Solicitation of Prostitution Prevention Program; Procedures for Certain Defendants

Sec. 169.001.  FIRST OFFENDER SOLICITATION OF PROSTITUTION PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS.  (a)  In this chapter, "first offender solicitation of prostitution prevention program" means a program that has the following essential characteristics:
(1)  the integration of services in the processing of cases in the judicial system;
(2)  the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety, to reduce the demand for the commercial sex trade and trafficking of persons by educating offenders, and to protect the due process rights of program participants;
(3)  early identification and prompt placement of eligible participants in the program;
(4)  access to information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse;
(5)  a coordinated strategy to govern program responses to participant compliance;
(6)  monitoring and evaluation of program goals and effectiveness;
(7)  continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
(8)  development of partnerships with public agencies and community organizations.
(b)  If a defendant successfully completes a first offender solicitation of prostitution prevention program, regardless of whether the defendant was convicted of the offense for which the defendant entered the program or whether the court deferred further proceedings without entering an adjudication of guilt, after notice to the state and a hearing on whether the defendant is otherwise entitled to the petition, including whether the required time period has elapsed, and whether issuance of the order is in the best interest of justice, the court shall enter an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, Government Code, as if the defendant had received a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, with respect to all records and files related to the defendant's arrest for the offense for which the defendant entered the program if the defendant:
(1)  has not been previously convicted of a felony offense; and
(2)  is not convicted of any other felony offense before the second anniversary of the defendant's successful completion of the program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.65, eff. January 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 29, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 46, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 169 - First Offender Solicitation of Prostitution Prevention Program › Section 169.002. Authority to Establish Program; Eligibility

Sec. 169.002.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.  (a)  The commissioners court of a county or governing body of a municipality may establish a first offender solicitation of prostitution prevention program for defendants charged with an offense under Section 43.021, Penal Code.
(b)  A defendant is eligible to participate in a first offender solicitation of prostitution prevention program established under this chapter only if:
(1)  the attorney representing the state consents to the defendant's participation in the program; and
(2)  the court in which the criminal case is pending finds that the defendant has not been previously convicted of:
(A)  an offense under Section 20A.02, 43.02(b), as that law existed before September 1, 2021, 43.021, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
(B)  an offense listed in Article 42A.054(a), Code of Criminal Procedure; or
(C)  an offense punishable as a felony under Chapter 481.
(c)  For purposes of Subsection (b),  a defendant has been previously convicted of an offense listed in that subsection if:
(1)  the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; or
(2)  the defendant was convicted under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in Subsection (b).
(d)  A defendant is not eligible to participate in the first offender solicitation of prostitution prevention program if the defendant offered or agreed to hire a person to engage in sexual conduct and the person was younger than 18 years of age at the time of the offense.
(e)  The court in which the criminal case is pending shall allow an eligible defendant to choose whether to participate in the first offender solicitation of prostitution prevention program or otherwise proceed through the criminal justice system.
(f)  If a defendant who chooses to participate in the first offender solicitation of prostitution prevention program fails to attend any portion of the program, the court in which the defendant's criminal case is pending shall issue a warrant for the defendant's arrest and proceed on the criminal case as if the defendant had chosen not to participate in the program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.66, eff. January 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 5, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.10, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 47, eff. September 1, 2021.