Bill Text: TX SB2039 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to health care practitioner authority regarding certain do-not-resuscitate orders, including the use of electronic copies and photographs of out-of-hospital do-not-resuscitate orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to Health & Human Services [SB2039 Detail]

Download: Texas-2023-SB2039-Introduced.html

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88R3162 JG-D
By: Johnson S.B. No. 2039

A BILL TO BE ENTITLED
AN ACT
relating to health care practitioner authority regarding certain
do-not-resuscitate orders, including the use of electronic copies
and photographs of out-of-hospital do-not-resuscitate orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 166.081(6), Health and Safety Code, is
amended to read as follows:
(6) "Out-of-hospital DNR order":
(A) means a legally binding out-of-hospital
do-not-resuscitate order, in the form specified by department rule
under Section 166.083, prepared and signed as required by this
subchapter [by the attending physician of a person], that documents
the instructions of a person or the person's legally authorized
representative and directs health care professionals acting in an
out-of-hospital setting not to initiate or continue the following
life-sustaining treatment:
(i) cardiopulmonary resuscitation;
(ii) advanced airway management;
(iii) artificial ventilation;
(iv) defibrillation;
(v) transcutaneous cardiac pacing; and
(vi) other life-sustaining treatment
specified by department rule under Section 166.101(a); and
(B) does not include authorization to withhold
medical interventions or therapies considered necessary to provide
comfort care or to alleviate pain or to provide water or nutrition.
SECTION 2. Sections 166.082(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) Except as provided by this subsection, the declarant
must sign the out-of-hospital DNR order in the presence of two
witnesses who qualify under Section 166.003, at least one of whom
must be a witness who qualifies under Section 166.003(2). The
witnesses must sign the order. The declarant's attending
physician, or a physician assistant or an advanced practice
registered nurse providing care to [of] the declarant, must sign
the order and shall make the fact of the existence of the order and
the reasons for execution of the order a part of the declarant's
medical record. The declarant, in lieu of signing in the presence
of witnesses, may sign the out-of-hospital DNR order and have the
signature acknowledged before a notary public.
(c) If the person is incompetent but previously executed or
issued a directive to physicians in accordance with Subchapter B,
the physician, or a physician assistant or advanced practice
registered nurse providing care to the person, may rely on the
directive as the person's instructions to issue an out-of-hospital
DNR order and shall place a copy of the directive in the person's
medical record. The physician, physician assistant, or advanced
practice registered nurse shall sign the order in lieu of the person
signing under Subsection (b) and may use a digital or electronic
signature authorized under Section 166.011.
SECTION 3. Sections 166.083(b) and (d), Health and Safety
Code, are amended to read as follows:
(b) The standard form of an out-of-hospital DNR order
specified by department rule must, at a minimum, contain the
following:
(1) a distinctive single-page format that readily
identifies the document as an out-of-hospital DNR order;
(2) a title that readily identifies the document as an
out-of-hospital DNR order;
(3) the printed or typed name of the person who
executed or issued the document or for whom the document was
executed or issued;
(4) a statement that the physician, physician
assistant, or advanced practice registered nurse signing the
document is the person's attending physician, or a physician
assistant or advanced practice registered nurse providing care to
[of] the person, and that [the physician is directing] health care
professionals acting in out-of-hospital settings, including a
hospital emergency department, are directed not to initiate or
continue certain life-sustaining treatment on behalf of the person,
and a listing of those procedures not to be initiated or continued;
(5) a statement that the person understands that the
person may revoke the out-of-hospital DNR order at any time by
destroying the order and removing the DNR identification device, if
any, or by communicating to health care professionals at the scene
the person's desire to revoke the out-of-hospital DNR order;
(6) places for the printed names and signatures of the
witnesses or the notary public's acknowledgment and for the printed
name and signature of the person's attending physician, or a
physician assistant or an advanced practice registered nurse
providing care to [of] the person, and the professional's [medical]
license number [of the attending physician];
(7) a separate section for execution of the document
by the legal guardian of the person, the person's proxy, an agent of
the person having a medical power of attorney, [or] the attending
physician, the physician assistant, or the advanced practice
registered nurse attesting to the issuance of an out-of-hospital
DNR order by nonwritten means of communication or acting in
accordance with a previously executed or previously issued
directive to physicians under Section 166.082(c) that includes the
following:
(A) a statement that the legal guardian, the
proxy, the agent, the person by nonwritten means of communication,
[or] the physician, the physician assistant, or the advanced
practice registered nurse directs that each listed life-sustaining
treatment should not be initiated or continued in behalf of the
person; and
(B) places for the printed names and signatures
of the witnesses and, as applicable, the legal guardian, proxy,
agent, [or] physician, physician assistant, or advanced practice
registered nurse;
(8) a separate section for execution of the document
by at least one qualified relative of the person when the person
does not have a legal guardian, proxy, or agent having a medical
power of attorney and is incompetent or otherwise mentally or
physically incapable of communication, including:
(A) a statement that the relative of the person
is qualified to make a treatment decision to withhold
cardiopulmonary resuscitation and certain other designated
life-sustaining treatment under Section 166.088 and, based on the
known desires of the person or a determination of the best interest
of the person, directs that each listed life-sustaining treatment
should not be initiated or continued in behalf of the person; and
(B) places for the printed names and signatures
of the witnesses and qualified relative of the person;
(9) a place for entry of the date of execution of the
document;
(10) a statement that the document is in effect on the
date of its execution and remains in effect until the death of the
person or until the document is revoked;
(11) a statement that the document must accompany the
person during transport;
(12) a statement regarding the proper disposition of
the document or copies of the document, as the executive
commissioner determines appropriate; and
(13) a statement at the bottom of the document, with
places for the signature of each person executing the document,
that the document has been properly completed.
(d) A photocopy or other complete facsimile, including an
electronic copy or photograph, of the original written
out-of-hospital DNR order executed under this subchapter may be
used for any purpose for which the original written order may be
used under this subchapter.
SECTION 4. Sections 166.084(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) A declarant must issue the nonwritten out-of-hospital
DNR order in the presence of the declarant's attending physician,
or a physician assistant or advanced practice registered nurse
providing care to the declarant, and two witnesses who qualify
under Section 166.003, at least one of whom must be a witness who
qualifies under Section 166.003(2).
(c) The attending physician, the physician assistant, or
the advanced practice registered nurse and witnesses shall sign the
out-of-hospital DNR order in the place of the document provided by
Section 166.083(b)(7) and the attending physician, the physician
assistant, or the advanced practice registered nurse shall sign the
document in the place required by Section 166.083(b)(13). The
physician, physician assistant, or advanced practice registered
nurse shall make the fact of the existence of the out-of-hospital
DNR order a part of the declarant's medical record and the names of
the witnesses shall be entered in the medical record.
SECTION 5. Sections 166.087(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) If the adult person has designated a person to make a
treatment decision as authorized by Section 166.032(c), the adult
person's attending physician, or a physician assistant or advanced
practice registered nurse providing care to the person, 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
person's attending physician, or a physician assistant or advanced
practice registered nurse providing care to the person, shall
comply with the out-of-hospital DNR order unless the physician,
physician assistant, or advanced practice registered nurse
believes that the order does not reflect the person's present
desire.
SECTION 6. Sections 166.088(a), (b), and (f), Health and
Safety Code, are amended to read as follows:
(a) If an adult person has not executed or issued an
out-of-hospital DNR order and is incompetent or otherwise mentally
or physically incapable of communication, the person's attending
physician, or a physician assistant or advanced practice registered
nurse providing care to the person, and the person's legal
guardian, proxy, or agent having a medical power of attorney may
execute an out-of-hospital DNR order on behalf of the person.
(b) If the person does not have a legal guardian, proxy, or
agent under a medical power of attorney, the person's attending
physician, or a physician assistant or advanced practice registered
nurse providing care to the person, and at least one qualified
relative from a category listed by Section 166.039(b), subject to
the priority established under that subsection, may execute an
out-of-hospital DNR order in the same manner as a treatment
decision made under Section 166.039(b).
(f) If there is not a qualified relative available to act
for the person under Subsection (b), an out-of-hospital DNR order
must be concurred in by another physician, physician assistant, or
advanced practice registered nurse who is not involved in the
treatment of the patient or who is a representative of the ethics or
medical committee of the health care facility in which the person is
a patient.
SECTION 7. Sections 166.089(d), (h), and (i), Health and
Safety Code, are amended to read as follows:
(d) The responding health care professionals must determine
that the out-of-hospital DNR order form appears to be valid in that
it includes:
(1) written responses in the places designated on the
form for the names, signatures, and other information required of
persons executing or issuing, or witnessing or acknowledging as
applicable, the execution or issuance of, the order;
(2) a date in the place designated on the form for the
date the order was executed or issued; and
(3) the signature or digital or electronic signature
of the declarant or persons executing or issuing the order and the
attending physician, a physician assistant, or an advanced practice
registered nurse in the appropriate places designated on the form
for indicating that the order form has been properly completed.
(h) An out-of-hospital DNR order executed or issued and
documented or evidenced in the manner prescribed by this subchapter
is valid and shall be honored by responding health care
professionals unless the person or persons found at the scene:
(1) identify themselves as the declarant or as the
attending physician of the person who executed or issued the
out-of-hospital DNR order or for whom the out-of-hospital DNR order
was executed or issued, a physician assistant or advanced practice
registered nurse providing care to the person, or the legal
guardian, qualified relative, or agent of the person having a
medical power of attorney who executed or issued the
out-of-hospital DNR order on behalf of the person; and
(2) request that cardiopulmonary resuscitation or
certain other life-sustaining treatment designated by department
rule be initiated or continued.
(i) If the policies of a health care facility preclude
compliance with the out-of-hospital DNR order of a person or an
out-of-hospital DNR order issued by an attending physician, a
physician assistant, or an advanced practice registered nurse on
behalf of a person who is admitted to or a resident of the facility,
or if the facility is unwilling to accept DNR identification
devices as evidence of the existence of an out-of-hospital DNR
order, that facility shall take all reasonable steps to notify the
person or, if the person is incompetent, the person's guardian or
the person or persons designated as having authority to make health
care treatment decisions on behalf of the person for whom the order
was executed or issued, of the facility's policy and shall take all
reasonable steps to effect the transfer of the person to the
person's home or to a facility where the provisions of this
subchapter can be carried out.
SECTION 8. Section 166.092(b), Health and Safety Code, is
amended to read as follows:
(b) An oral revocation under Subsection (a)(3) or (a)(4)
takes effect only when the declarant or a person who identifies
himself or herself as the legal guardian, a qualified relative, or
the agent of the declarant having a medical power of attorney who
executed the out-of-hospital DNR order communicates the intent to
revoke the order to the responding health care professionals or the
declarant's attending physician, or the physician assistant or
advanced practice registered nurse providing care to the declarant,
at the scene. The responding health care professionals shall
record the time, date, and place of the revocation in accordance
with the statewide out-of-hospital DNR protocol and rules adopted
by the executive commissioner and any applicable local
out-of-hospital DNR protocol. The attending physician, [or] the
physician's designee, the physician assistant, or the advanced
practice registered nurse shall record in the declarant's
[person's] medical record the time, date, and place of the
revocation and, if different, the time, date, and place that the
physician, physician assistant, or advanced practice registered
nurse received notice of the revocation. The attending physician,
[or] the physician's designee, the physician assistant, or the
advanced practice registered nurse shall also enter the word "VOID"
on each page of the copy of the order in the declarant's [person's]
medical record.
SECTION 9. Section 166.095(c), Health and Safety Code, is
amended to read as follows:
(c) If a person's [an] attending physician, or a physician
assistant or advanced practice registered nurse providing care to
the person, refuses to execute or comply with an out-of-hospital
DNR order, the physician, physician assistant, or advanced practice
registered nurse 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, physician
assistant, or advanced practice registered nurse who is willing to
execute or comply with an out-of-hospital DNR order.
SECTION 10. The heading to Section 166.102, Health and
Safety Code, is amended to read as follows:
Sec. 166.102. [PHYSICIAN'S] DNR ORDER MAY BE HONORED BY
HEALTH CARE PERSONNEL OTHER THAN EMERGENCY MEDICAL SERVICES
PERSONNEL.
SECTION 11. Section 166.102(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a licensed nurse
or person providing health care services in an out-of-hospital
setting may honor a physician's, physician assistant's, or advanced
practice registered nurse's do-not-resuscitate order.
SECTION 12. Section 166.203(a), Health and Safety Code, is
amended to read as follows:
(a) A DNR order issued for a patient is valid only if the
patient's attending physician, or a physician assistant or advanced
practice registered nurse providing care to the patient, issues the
order, the order is dated, and the order:
(1) is issued in compliance with:
(A) the written and dated directions of a patient
who was competent at the time the patient wrote the directions;
(B) the oral directions of a competent patient
delivered to or observed by two competent adult witnesses, at least
one of whom must be a person not listed under Section 166.003(2)(E)
or (F);
(C) the directions in an advance directive
enforceable under Section 166.005 or executed in accordance with
Section 166.032, 166.034, or 166.035;
(D) the directions of a patient's legal guardian
or agent under a medical power of attorney acting in accordance with
Subchapter D; or
(E) a treatment decision made in accordance with
Section 166.039; or
(2) is not contrary to the directions of a patient who
was competent at the time the patient conveyed the directions and,
in the reasonable medical judgment of the patient's attending
physician:
(A) the patient's death is imminent, regardless
of the provision of cardiopulmonary resuscitation; and
(B) the DNR order is medically appropriate.
SECTION 13. Sections 166.205(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) A physician, physician assistant, or advanced practice
registered nurse providing direct care to a patient for whom a DNR
order is issued shall revoke the patient's DNR order if the patient
or, as applicable, the patient's agent under a medical power of
attorney or the patient's legal guardian if the patient is
incompetent:
(1) effectively revokes an advance directive, in
accordance with Section 166.042, for which a DNR order is issued
under Section 166.203(a); or
(2) 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).
(b) A person providing direct care to a patient under the
supervision of a physician, physician assistant, or advanced
practice registered nurse shall notify the physician, physician
assistant, or advanced practice registered nurse of the request to
revoke a DNR order under Subsection (a).
(c) A patient's attending physician, or a physician
assistant or advanced practice registered nurse providing care to
the patient, may at any time revoke a DNR order issued under Section
166.203(a)(2).
SECTION 14. Section 166.083(d), Health and Safety Code, as
amended by this Act, is intended to clarify rather than change
existing law.
SECTION 15. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.