Sec. 166.032. WRITTEN DIRECTIVE BY COMPETENT ADULT; NOTICE TO PHYSICIAN. (a) A competent adult may at any time execute a written directive.
(b) Except as provided by Subsection (b-1), the declarant must sign the directive 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 directive.
(b-1) The declarant, in lieu of signing in the presence of witnesses, may sign the directive and have the signature acknowledged before a notary public.
(c) A declarant may include in a directive directions other than those provided by Section 166.033 and may designate in a directive a person to make a health care or treatment decision for the declarant in the event the declarant becomes incompetent or otherwise mentally or physically incapable of communication.
(d) A declarant shall notify the attending physician of the existence of a written directive. If the declarant is incompetent or otherwise mentally or physically incapable of communication, another person may notify the attending physician of the existence of the written directive. The attending physician shall make the directive a part of the declarant's medical record.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 209, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 291, Sec. 1, eff. Jan. 1, 1998. Renumbered from Sec. 672.003 and amended 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. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 435 (H.B. 3074), Sec. 3, eff. September 1, 2015.
Structure Texas Statutes
Subtitle H - Public Health Provisions
Chapter 166 - Advance Directives
Subchapter B. Directive to Physicians
Section 166.032. Written Directive by Competent Adult; Notice to Physician
Section 166.033. Form of Written Directive
Section 166.034. Issuance of Nonwritten Directive by Competent Adult Qualified Patient
Section 166.035. Execution of Directive on Behalf of Patient Younger Than 18 Years of Age
Section 166.036. Notarized Document Not Required; Requirement of Specific Form Prohibited
Section 166.037. Patient Desire Supersedes Directive
Section 166.038. Procedure When Declarant Is Incompetent or Incapable of Communication
Section 166.040. Patient Certification and Prerequisites for Complying With Directive
Section 166.041. Duration of Directive
Section 166.042. Revocation of Directive
Section 166.043. Reexecution of Directive
Section 166.044. Limitation of Liability for Withholding or Withdrawing Life-Sustaining Procedures
Section 166.045. Liability for Failure to Effectuate Directive
Section 166.046. Procedure if Not Effectuating a Directive or Treatment Decision
Section 166.047. Honoring Directive Does Not Constitute Offense of Aiding Suicide
Section 166.048. Criminal Penalty; Prosecution
Section 166.049. Pregnant Patients
Section 166.050. Mercy Killing Not Condoned
Section 166.051. Legal Right or Responsibility Not Affected
Section 166.052. Statements Explaining Patient's Right to Transfer