Sec. 166.101. DUTIES OF DEPARTMENT AND EXECUTIVE COMMISSIONER. (a) The executive commissioner shall, on the recommendation of the department, adopt all reasonable and necessary rules to carry out the purposes of this subchapter, including rules:
(1) adopting a statewide out-of-hospital DNR order protocol that sets out standard procedures for the withholding of cardiopulmonary resuscitation and certain other life-sustaining treatment by health care professionals acting in out-of-hospital settings;
(2) designating life-sustaining treatment that may be included in an out-of-hospital DNR order, including all procedures listed in Sections 166.081(6)(A)(i) through (v); and
(3) governing recordkeeping in circumstances in which an out-of-hospital DNR order or DNR identification device is encountered by responding health care professionals.
(b) The rules adopted under Subsection (a) are not effective until approved by the Texas Medical Board.
(c) Local emergency medical services authorities may adopt local out-of-hospital DNR order protocols if the local protocols do not conflict with the statewide out-of-hospital DNR order protocol adopted by the executive commissioner.
(d) The executive commissioner by rule shall specify a distinctive standard design for a necklace and a bracelet DNR identification device that signifies, when worn by a person, that the possessor has executed or issued a valid out-of-hospital DNR order under this subchapter or is a person for whom a valid out-of-hospital DNR order has been executed or issued.
(e) The department shall report to the executive commissioner from time to time regarding issues identified in emergency medical services responses in which an out-of-hospital DNR order or DNR identification device is encountered. The report may contain recommendations to the executive commissioner for necessary modifications to the form of the standard out-of-hospital DNR order or the designated life-sustaining procedures listed in the standard out-of-hospital DNR order, the statewide out-of-hospital DNR order protocol, or the DNR identification devices.
Added by Acts 1995, 74th Leg., ch. 965, Sec. 10, eff. June 16, 1995. Renumbered from Sec. 674.023 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. 3.0517, 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