Voluntary signing

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  1. (a) The signing of a physician order for life-sustaining treatment form by a patient or legal representative of the patient is voluntary.

  2. (b)

    1. (1) A person or entity, including without limitation a healthcare provider, healthcare facility, employer, or health insurance carrier, shall not require an individual to execute a physician order for life-sustaining treatment form as a condition of being insured for, or receiving, healthcare services.

    2. (2) If a healthcare provider or healthcare facility complies with subdivision (b)(1) of this section, the healthcare provider or healthcare facility may have a policy to offer a physician order for life-sustaining treatment form to appropriate individuals as part of a conversation about:

      1. (A) Goals of care;

      2. (B) Personal values and preferences;

      3. (C) Benefits of various treatment options; and

      4. (D) Avoidance of unwanted burden.

  3. (c) This subchapter does not:

    1. (1) Create a presumption concerning the intention of an individual who has not executed a physician order for life-sustaining treatment form with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition; or

    2. (2) Affect the right of an individual to make decisions regarding the use of life-sustaining procedures as long as the individual has the capacity to make a decision.


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