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.
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