2019 Texas Statutes
Health and Safety Code
Title 2 - Health
Subtitle H - Public Health Provisions
Chapter 166 - Advance Directives
Subchapter A. General Provisions
Section 166.002. Definitions
Sec. 166.002. DEFINITIONS. In this chapter:
(1) "Advance directive" means:
(A) a directive, as that term is defined by Section 166.031;
(B) an out-of-hospital DNR order, as that term is defined by Section 166.081; or
(C) a medical power of attorney under Subchapter D.
(2) "Artificially administered nutrition and hydration" means the provision of nutrients or fluids by a tube inserted in a vein, under the skin in the subcutaneous tissues, or in the gastrointestinal tract.
(3) "Attending physician" means a physician selected by or assigned to a patient who has primary responsibility for a patient's treatment and care.
(4) "Competent" means possessing the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to a proposed treatment decision.
(5) "Declarant" means a person who has executed or issued a directive under this chapter.
(5-a) "Digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature.
(5-b) "Electronic signature" means a facsimile, scan, uploaded image, computer-generated image, or other electronic representation of a manual signature that is intended by the person using it to have the same force and effect of law as a manual signature.
(6) "Ethics or medical committee" means a committee established under Sections 161.031-161.033.
(7) "Health care or treatment decision" means consent, refusal to consent, or withdrawal of consent to health care, treatment, service, or a procedure to maintain, diagnose, or treat an individual's physical or mental condition, including such a decision on behalf of a minor.
(8) "Incompetent" means lacking the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to a proposed treatment decision.
(9) "Irreversible condition" means a condition, injury, or illness:
(A) that may be treated but is never cured or eliminated;
(B) that leaves a person unable to care for or make decisions for the person's own self; and
(C) that, without life-sustaining treatment provided in accordance with the prevailing standard of medical care, is fatal.
(10) "Life-sustaining treatment" means treatment that, based on reasonable medical judgment, sustains the life of a patient and without which the patient will die. The term includes both life-sustaining medications and artificial life support, such as mechanical breathing machines, kidney dialysis treatment, and artificially administered nutrition and hydration. The term does not include the administration of pain management medication or the performance of a medical procedure considered to be necessary to provide comfort care, or any other medical care provided to alleviate a patient's pain.
(11) "Medical power of attorney" means a document delegating to an agent authority to make health care decisions executed or issued under Subchapter D.
(12) "Physician" means:
(A) a physician licensed by the Texas Medical Board; or
(B) a properly credentialed physician who holds a commission in the uniformed services of the United States and who is serving on active duty in this state.
(13) "Terminal condition" means an incurable condition caused by injury, disease, or illness that according to reasonable medical judgment will produce death within six months, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care. A patient who has been admitted to a program under which the person receives hospice services provided by a home and community support services agency licensed under Chapter 142 is presumed to have a terminal condition for purposes of this chapter.
(14) "Witness" means a person who may serve as a witness under Section 166.003.
(15) "Cardiopulmonary resuscitation" means any medical intervention used to restore circulatory or respiratory function that has ceased.
Added by Acts 1999, 76th Leg., ch. 450, Sec. 1.02, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1228, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 461 (H.B. 2585), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0499, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 435 (H.B. 3074), Sec. 1, eff. September 1, 2015.
