{"data":{"id":"us-tx/tex.-health-and-safety-code-166.038","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 166.038","heading":"PROCEDURE WHEN DECLARANT IS INCOMPETENT OR INCAPABLE OF COMMUNICATION.","body":"(a) This section applies when an adult qualified patient has executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication.\n(b) If the adult qualified patient has designated a person to make a treatment decision as authorized by Section 166.032(c), the attending physician and the designated person may make a treatment decision in accordance with the declarant's directions.\n(c) If the adult qualified patient has not designated a person to make a treatment decision, the attending physician shall comply with the directive unless the physician believes that the directive does not reflect the patient's present desire.\nActs 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from 672.008 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.03, eff. Sept. 1, 1999.","path":["HEALTH AND SAFETY CODE","TITLE 2. HEALTH","SUBTITLE H. PUBLIC HEALTH PROVISIONS","CHAPTER 166. ADVANCE DIRECTIVES","SUBCHAPTER B. DIRECTIVE TO PHYSICIANS"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.166.htm#166.038","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"48aba1c87bce9cd1bb5e75ed88735a93d265f2f3dbeb32e043df689059ecaf3a","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-166.037","next":"us-tx/tex.-health-and-safety-code-166.039"},"notice":"GroundRules: Original legal text. Not legal advice."}