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Reply #39: Buzzflash says this is the bill Bush signed [View All]

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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 05:21 PM
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39. Buzzflash says this is the bill Bush signed
Edited on Mon Mar-21-05 05:23 PM by RamboLiberal
http://www.capitol.state.tx.us/statutes/docs/HS/content...

Buzzflash says to read 166.039

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 Section 875, Texas Probate Code.
The court may waive applicable fees in that proceeding.

Acts 1989, 71st Leg., ch. 678, 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 291, 3, eff. Jan. 1, 1998.
Renumbered from 672.009 and amended by Acts 1999, 76th Leg.,
ch. 450, 1.03, eff. Sept. 1, 1999.



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