Texas § HS.166.205 - REVOCATION OF DO-NOT-RESUSCITATE ORDER

§ HS.166.205. REVOCATION OF DO-NOT-RESUSCITATE ORDER

REVOCATION OF DO-NOT-RESUSCITATE ORDER; LIMITATION OF LIABILITY. (a) A physician providing direct care to a patient for whom a DNR order is issued shall revoke the patient's DNR order if: (1) an advance directive that serves as the basis of the DNR order is properly revoked in accordance with this chapter; (2) the patient expresses to any person providing direct care to the patient a revocation of consent to or intent to revoke a DNR order issued under Section 166.203 (a); or (3) the DNR order was issued under Section 166.203 (a)(1)(D) or (E) or Section 166.203 (a)(3), and the person responsible for the patient's health care decisions expresses to any person providing direct care to the patient a revocation of consent to or intent to revoke the DNR order. (b) A person providing direct care to a patient under the supervision of a physician shall notify the physician of the request to revoke a DNR order or of the revocation of an advance directive under Subsection (a). (c) A patient's attending physician may at any time revoke a DNR order issued under: (1) Section 166.203 (a)(1)(A), (B), or (C), provided that: (A) the order is for a patient who is incompetent or otherwise mentally or physically incapable of communication; and (B) the decision to revoke the order is: (i) agreed on by the attending physician and the person responsible for the patient's health care decisions; and (ii) concurred in by another physician who is not involved in the direct treatment of the patient or who is a representative of an ethics or medical committee of the health care facility in which the person is a patient; (2) Section 166.203 (a)(1)(E), provided that the order's issuance was based on a treatment decision made in accordance with Section 166.039 (e); (3) Section 166.203 (a)(2); or (4) Section 166.203 (a)(3). (c-1) A patient's attending physician shall revoke a DNR order issued for the patient under Section 166.203 (a)(2) if, in the attending physician's reasonable medical judgment, the condition described by Section 166.203 (a)(2)(B)(i) is no longer satisfied. (d) Except as otherwise provided by this subchapter, a person is not civilly or criminally liable for failure to act on a revocation described by or made under this section unless the person has actual knowledge of the revocation. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 11 (S.B. 11 ), Sec. 1, eff. April 1, 2018. Amended by: Acts 2023, 88th Leg., R.S., Ch. 915 (H.B. 3162 ), Sec. 9, eff. September 1, 2023.