Texas Statutes
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.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 2 - Health

Subtitle H - Public Health Provisions

Chapter 166 - Advance Directives

Subchapter B. Directive to Physicians

Section 166.031. Definitions

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 166.039. Procedure When Person Has Not Executed or Issued a Directive and 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

Section 166.053. Registry to Assist Transfers