Sec. 166.097. CRIMINAL PENALTY; PROSECUTION. (a) A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's out-of-hospital DNR order or DNR identification device without that person's consent or the consent of the person or persons authorized to execute or issue an out-of-hospital DNR order on behalf of the person under this subchapter. An offense under this subsection is a Class A misdemeanor.
(b) A person is subject to prosecution for criminal homicide under Chapter 19, Penal Code, if the person, with the intent to cause cardiopulmonary resuscitation or certain other life-sustaining treatment designated by department rule to be withheld from another person contrary to the other person's desires, falsifies or forges an out-of-hospital DNR order or intentionally conceals or withholds personal knowledge of a revocation and thereby directly causes cardiopulmonary resuscitation and certain other life-sustaining treatment designated by department rule to be withheld from the other person with the result that the other person's death is hastened.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995. Renumbered from Sec. 674.019 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.04, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0515, eff. April 2, 2015.
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