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 166.203. General Procedures and Requirements for Do-Not-Resuscitate Orders

Sec. 166.203.  GENERAL PROCEDURES AND REQUIREMENTS FOR DO-NOT-RESUSCITATE ORDERS.  (a)  A DNR order issued for a patient is valid only if the order is dated and:
(1)  is issued by a physician providing direct care to the patient in compliance with:
(A)  the written and dated directions of a patient who was competent at the time the patient wrote the directions;
(B)  the oral directions of a competent patient delivered to or observed by two competent adult witnesses, at least one of whom must be a person not listed under Section 166.003(2)(E) or (F);
(C)  the directions in an advance directive enforceable under Section 166.005 or executed in accordance with Section 166.032, 166.034, 166.035, 166.082, 166.084, or 166.085;
(D)  the directions of a patient's:
(i)  legal guardian;
(ii)  agent under a medical power of attorney acting in accordance with Subchapter D; or
(iii)  proxy as designated and authorized by a directive executed in accordance with Subchapter B to make a treatment decision for the patient if the patient becomes incompetent or otherwise mentally or physically incapable of communication; or
(E)  a treatment decision made in accordance with Section 166.039;
(2)  is issued by the patient's attending physician and:
(A)  the order is not contrary to the directions of a patient who was competent at the time the patient conveyed the directions; and
(B)  in the reasonable medical judgment of the patient's attending physician:
(i)  the patient's death is imminent, within minutes to hours, regardless of the provision of cardiopulmonary resuscitation; and
(ii)  the DNR order is medically appropriate; or
(3)  is issued by the patient's attending physician:
(A)  for a patient who is incompetent or otherwise mentally or physically incapable of communication; and
(B)  in compliance with a decision:
(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.
(b)  The DNR order takes effect at the time the order is issued, provided the order is placed in the patient's medical record as soon as practicable and may be issued and entered in a format acceptable under the policies of the health care facility or hospital.
(c)  Unless notice is provided in accordance with Section 166.204(a), before placing in a patient's medical record a DNR order issued under Subsection (a)(2), a physician, physician assistant, nurse, or other person acting on behalf of a health care facility or hospital shall:
(1)  inform the patient of the order's issuance; or
(2)  if the patient is incompetent, make a reasonably diligent effort to contact or cause to be contacted and inform of the order's issuance:
(A)  the patient's known agent under a medical power of attorney or legal guardian; or
(B)  for a patient who does not have a known agent under a medical power of attorney or legal guardian, a person described by Section 166.039(b)(1), (2), or (3).
(d)  To the extent a DNR order described by Subsection (a)(1) conflicts with a treatment decision or advance directive validly executed or issued under this chapter, the treatment decision made in compliance with this subchapter, advance directive validly executed or issued as described by this subchapter, or DNR order dated and validly executed or issued in compliance with this subchapter later in time controls.
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. 7, eff. September 1, 2023.