HB1059 - Relating to the presumption of validity for an advance directive and permissible forms of a medical power of attorney.

  89R3342 MPF-D     By: Bhojani H.B. No. 1059       A BILL TO BE ENTITLED   AN ACT   relating to the presumption of validity for an advance directive   and permissible forms of a medical power of attorney.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 166, Health and Safety   Code, is amended by adding Section 166.012 to read as follows:           Sec.   166.012.     PRESUMPTION OF VALIDITY; LIMITATION OF   LIABILITY. (a) In the absence of actual knowledge to the contrary,   a health care provider or residential care provider, as those terms   are defined by Section 166.151, or other person acting as an agent   for or under the provider's control may presume an advance   directive is valid under this chapter and has been validly executed   by a person authorized to execute the advance directive.           (b)     The health care provider, residential care provider, or   other person described by Subsection (a) is not civilly or   criminally liable or subject to review or disciplinary action by   the appropriate licensing authority for following an advance   directive or instructions of an advance directive the provider or   person presumes is valid under this chapter.          SECTION 2.  Subchapter D, Chapter 166, Health and Safety   Code, is amended by adding Section 166.163 to read as follows:           Sec.   166.163.     PERMISSIBLE FORMS OF MEDICAL POWER OF   ATTORNEY. (a) A valid medical power of attorney must be in:                   (1)     a form the executive commissioner designates in   accordance with Subsection (b), provided the document is executed   in the manner required by Section 166.154; or                   (2)  the statutory form prescribed by Section 166.164.           (b)     The executive commissioner by rule shall review and   designate documents to be recognized in this state as a written and   validly executed medical power of attorney. Any document the   executive commissioner designates must:                   (1)     be promulgated by a national nonprofit   organization or the American Bar Association Commission on Law and   Aging;                   (2)  be written in plain language;                   (3)     allow a principal to provide a health care   instruction;                 (4)     designate a primary agent who is at least 18 years   of age to make health care decisions for the principal when the   principal lacks the capacity to make the decisions;                   (5)     allow the principal to name an alternate agent who   is at least 18 years of age to make health care decisions for the   principal if the primary agent is unable or unwilling to make the   decisions;                   (6)     allow the principal to specify or limit the health   care decisions an agent may make for the principal;                   (7)  require the principal to:                       (A)     sign and date the medical power of attorney   in the presence of two witnesses who qualify under Section 166.003,   at least one of whom qualifies under Section 166.003(2); or                         (B)     sign and date the medical power of attorney   and have the signature acknowledged before a notary public; and                 (8)     be accepted as a validly executed medical power of   attorney in at least 40 other states of the United States.             (c)     The commission shall post on the commission's Internet   website a link to each document designated under Subsection (b).            SECTION 3.  Section 166.164, Health and Safety Code, is   amended to read as follows:          Sec. 166.164.   STATUTORY [ FORM OF ] MEDICAL POWER OF ATTORNEY   FORM . A [ The ] medical power of attorney may [ must ] be in   [ substantially ] the following form:   MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.   I, __________ (insert your name) appoint:   Name:___________________________________________________________   Address:________________________________________________________   Phone :          as my agent to make any and all health care decisions for me,   except to the extent I state otherwise in this document.  This   medical power of attorney takes effect if I become unable to make my   own health care decisions and this fact is certified in writing by   my physician.          LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE   AS FOLLOWS:_____________________________________________________   ________________________________________________________________          DESIGNATION OF ALTERNATE AGENT.          (You are not required to designate an alternate agent but you   may do so.  An alternate agent may make the same health care   decisions as the designated agent if the designated agent is unable   or unwilling to act as your agent.  If the agent designated is your   spouse, the designation is automatically revoked by law if your   marriage is dissolved, annulled, or declared void unless this   document provides otherwise.)          If the person designated as my agent is unable or unwilling to   make health care decisions for me, I designate the following   persons to serve as my agent to make health care decisions for me as   authorized by this document, who serve in the following order:          A.  First Alternate Agent                Name:________________________________________________                Address:_____________________________________________                      Phone :          B.  Second Alternate Agent                Name:________________________________________________                Address:_____________________________________________                      Phone :                The original of this document is kept at:                _____________________________________________________                _____________________________________________________                _____________________________________________________          The following individuals or institutions have signed   copies:                Name:________________________________________________                Address:_____________________________________________                _____________________________________________________                Name:________________________________________________                Address:_____________________________________________                _____________________________________________________          DURATION.          I understand that this power of attorney exists indefinitely   from the date I execute this document unless I establish a shorter   time or revoke the power of attorney.  If I am unable to make health   care decisions for myself when this power of attorney expires, the   authority I have granted my agent continues to exist until the time   I become able to make health care decisions for myself.          (IF APPLICABLE)  This power of attorney ends on the following   date: __________          PRIOR DESIGNATIONS REVOKED.          I revoke any prior medical power of attorney.          DISCLOSURE STATEMENT.          THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL   DOCUMENT.  BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE   IMPORTANT FACTS:          Except to the extent you state otherwise, this document gives   the person you name as your agent the authority to make any and all   health care decisions for you in accordance with your wishes,   including your religious and moral beliefs, when you are unable to   make the decisions for yourself.  Because "health care" means any   treatment, service, or procedure to maintain, diagnose, or treat   your physical or mental condition, your agent has the power to make   a broad range of health care decisions for you.  Your agent may   consent, refuse to consent, or withdraw consent to medical   treatment and may make decisions about withdrawing or withholding   life-sustaining treatment.  Your agent may not consent to   voluntary inpatient mental health services, convulsive treatment,   psychosurgery, or abortion.  A physician must comply with your   agent's instructions or allow you to be transferred to another   physician.          Your agent's authority is effective when your doctor   certifies that you lack the competence to make health care   decisions.          Your agent is obligated to follow your instructions when   making decisions on your behalf.  Unless you state otherwise, your   agent has the same authority to make decisions about your health   care as you would have if you were able to make health care   decisions for yourself.          It is important that you discuss this document with your   physician or other health care provider before you sign the   document to ensure that you understand the nature and range of   decisions that may be made on your behalf.  If you do not have a   physician, you should talk with someone else who is knowledgeable   about these issues and can answer your questions.  You do not need a   lawyer's assistance to complete this document, but if there is   anything in this document that you do not understand, you should ask   a lawyer to explain it to you.          The person you appoint as agent should be someone you know and   trust.  The person must be 18 years of age or older or a person   under 18 years of age who has had the disabilities of minority   removed.  If you appoint your health or residential care provider   (e.g., your physician or an employee of a home health agency,   hospital, nursing facility, or residential care facility, other   than a relative), that person has to choose between acting as your   agent or as your health or residential care provider; the law does   not allow a person to serve as both at the same time.          You should inform the person you appoint that you want the   person to be your health care agent.  You should discuss this   document with your agent and your physician and give each a signed   copy.  You should indicate on the document itself the people and   institutions that you intend to have signed copies.  Your agent is   not liable for health care decisions made in good faith on your   behalf.          Once you have signed this document, you have the right to make   health care decisions for yourself as long as you are able to make   those decisions, and treatment cannot be given to you or stopped   over your objection.  You have the right to revoke the authority   granted to your agent by informing your agent or your health o [Text truncated for display. 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