Texas Statutes
Subchapter B. Directive to Physicians
Section 166.044. Limitation of Liability for Withholding or Withdrawing Life-Sustaining Procedures

Sec. 166.044. LIMITATION OF LIABILITY FOR WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING PROCEDURES. (a) A physician or health care facility that causes life-sustaining treatment to be withheld or withdrawn from a qualified patient in accordance with this subchapter is not civilly liable for that action unless the physician or health care facility fails to exercise reasonable care when applying the patient's advance directive.
(b) A health professional, acting under the direction of a physician, who participates in withholding or withdrawing life-sustaining treatment from a qualified patient in accordance with this subchapter is not civilly liable for that action unless the health professional fails to exercise reasonable care when applying the patient's advance directive.
(c) A physician, or a health professional acting under the direction of a physician, who participates in withholding or withdrawing life-sustaining treatment from a qualified patient in accordance with this subchapter is not criminally liable or guilty of unprofessional conduct as a result of that action unless the physician or health professional fails to exercise reasonable care when applying the patient's advance directive.
(d) The standard of care that a physician, health care facility, or health care professional shall exercise under this section is that degree of care that a physician, health care facility, or health care professional, as applicable, of ordinary prudence and skill would have exercised under the same or similar circumstances in the same or a similar community.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Sec. 672.015 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