Chapter 7-9 Health Care Facility Do-Not-Resuscitate Order

JurisdictionUnited States

7-9 Health Care Facility Do-Not-Resuscitate Order

Upon being admitted to a health care facility, an individual may have a DNR added to his or her medical record.129 This may happen in a number of ways:

1. a competent patient can request the DNR order from the attending physician;130

2. two adult witnesses—at least one of whom is not disqualified pursuant to Texas Health & Safety Code § 166.003—can relay the a now incompetent patient's oral directions to the attending physician who will sign the order;131

3. if the patient is close to death and unable to communicate but has executed advance directives that make his or her wishes clear regarding a DNR, then the attending physician will sign the order;132

4. if the patient has appointed an agent under a medical power of attorney or a court has appointed a legal guardian for him or her, that person can direct the attending physician to sign the order;133 and

5. if the patient has not appointed an agent or issued any advance directives, the person who is legally authorized to make health care decisions for him or her (usually the person's spouse or next closest relative) may be able to authorize a DNR order if such person believes it is what the patient would have wanted.134


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Notes:

[129] Tex. Health & Safety Code § 166.203(a).

[130] Tex. Health & Safety Code § 166.203(a)(1)(A).

[131] Tex. Health & Safety Code § 166.203(a)(1)(B).

[132] Tex. Health & Safety Code § 166.203(a)(1)(C).

[133] Tex. Health & Safety Code § 166.203(a)(1)(D).

[134] Tex. Health & Safety Code §§ 166.203(a)(1)(E), 166.039.

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