Section 166.039 - Procedure When Person Has Not Executed or Issued A Directive and Is Incompetent or Incapable of Communication(a) If an adult qualified patient has not executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication, the attending physician and the patient's legal guardian or an agent under a medical power of attorney may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment from the patient.(b) If the patient does not have a legal guardian or an agent under a medical power of attorney, the attending physician and one person, if available, from one of the following categories, in the following priority, may make a treatment decision that may include a decision to withhold or withdraw life-sustaining treatment: (1) the patient's spouse;(2) the patient's reasonably available adult children;(3) the patient's parents; or(4) the patient's nearest living relative.(c) A treatment decision made under Subsection (a) or (b) must be based on knowledge of what the patient would desire, if known.(d) A treatment decision made under Subsection (b) must be documented in the patient's medical record and signed by the attending physician.(e) If the patient does not have a legal guardian and a person listed in Subsection (b) is not available, a treatment decision made under Subsection (b) must be concurred in by another physician who is not involved in the 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.(f) The fact that an adult qualified patient has not executed or issued a directive does not create a presumption that the patient does not want a treatment decision to be made to withhold or withdraw life-sustaining treatment.(g) A person listed in Subsection (b) who wishes to challenge a treatment decision made under this section must apply for temporary guardianship under Chapter 1251, Estates Code. The court may waive applicable fees in that proceeding.Tex. Health and Safety Code § 166.039
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.0502, eff. 4/2/2015.Amended by Acts 1997, 75th Leg., ch. 291, Sec. 3, eff. 1/1/1998. Renumbered from Sec. 672.009 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. 9/1/1999. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.