Sec. 166.087. PROCEDURE WHEN DECLARANT IS INCOMPETENT OR INCAPABLE OF COMMUNICATION. (a) This section applies when a person 18 years of age or older has executed or issued an out-of-hospital DNR order and subsequently becomes incompetent or otherwise mentally or physically incapable of communication.
(b) If the adult person has designated a person to make a treatment decision as authorized by Section 166.032(c), the attending physician and the designated person shall comply with the out-of-hospital DNR order.
(c) If the adult person has not designated a person to make a treatment decision as authorized by Section 166.032(c), the attending physician shall comply with the out-of-hospital DNR order unless the physician believes that the order does not reflect the person's present desire.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995. Renumbered from Sec. 674.007 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.
Structure Texas Statutes
Subtitle H - Public Health Provisions
Chapter 166 - Advance Directives
Subchapter C. Out-of-Hospital Do-Not-Resuscitate Orders
Section 166.082. Out-of-Hospital Dnr Order; Directive to Physicians
Section 166.083. Form of Out-of-Hospital Dnr Order
Section 166.084. Issuance of Out-of-Hospital Dnr Order by Nonwritten Communication
Section 166.085. Execution of Out-of-Hospital Dnr Order on Behalf of a Minor
Section 166.086. Desire of Person Supersedes Out-of-Hospital Dnr Order
Section 166.087. Procedure When Declarant Is Incompetent or Incapable of Communication
Section 166.089. Compliance With Out-of-Hospital Dnr Order
Section 166.090. Dnr Identification Device
Section 166.091. Duration of Out-of-Hospital Dnr Order
Section 166.092. Revocation of Out-of-Hospital Dnr Order
Section 166.093. Reexecution of Out-of-Hospital Dnr Order
Section 166.095. Limitation on Liability for Failure to Effectuate Out-of-Hospital Dnr Order
Section 166.096. Honoring Out-of-Hospital Dnr Order Does Not Constitute Offense of Aiding Suicide
Section 166.097. Criminal Penalty; Prosecution
Section 166.098. Pregnant Persons
Section 166.099. Mercy Killing Not Condoned
Section 166.100. Legal Right or Responsibility Not Affected
Section 166.101. Duties of Department and Executive Commissioner