Sec. 166.045. LIABILITY FOR FAILURE TO EFFECTUATE DIRECTIVE. (a) A physician, health care facility, or health care professional who has no knowledge of a directive is not civilly or criminally liable for failing to act in accordance with the directive.
(b) A physician, or a health professional acting under the direction of a physician, is subject to review and disciplinary action by the appropriate licensing board for failing to effectuate a qualified patient's directive in violation of this subchapter or other laws of this state. This subsection does not limit remedies available under other laws of this state.
(c) If an attending physician refuses to comply with a directive or treatment decision and does not wish to follow the procedure established under Section 166.046, life-sustaining treatment shall be provided to the patient, but only until a reasonable opportunity has been afforded for the transfer of the patient to another physician or health care facility willing to comply with the directive or treatment decision.
(d) A physician, health professional acting under the direction of a physician, or health care facility is not civilly or criminally liable or subject to review or disciplinary action by the person's appropriate licensing board if the person has complied with the procedures outlined in Section 166.046.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Sec. 672.016 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