Sec. 166.095. LIMITATION ON LIABILITY FOR FAILURE TO EFFECTUATE OUT-OF-HOSPITAL DNR ORDER. (a) A health care professional or health care facility or entity that has no actual knowledge of an out-of-hospital DNR order is not civilly or criminally liable for failing to act in accordance with the order.
(b) A health care professional or health care facility or entity is subject to review and disciplinary action by the appropriate licensing board for failing to effectuate an out-of-hospital DNR order. This subsection does not limit remedies available under other laws of this state.
(c) If an attending physician refuses to execute or comply with an out-of-hospital DNR order, the physician shall inform the person, the legal guardian or qualified relatives of the person, or the agent of the person having a medical power of attorney and, if the person or another authorized to act on behalf of the person so directs, shall make a reasonable effort to transfer the person to another physician who is willing to execute or comply with an out-of-hospital DNR order.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995. Renumbered from Sec. 674.017 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