The Texas Legislature has approved a measure that will allow electronic or digital signatures that are witnessed by a notary public or another individual to be placed on advance medical directives (AMD.)

The law defines digital signature as “an electronic identifier intended by the person using it to have the same force and effect as a manual signature.”

Texas law defines electronic signature as “a facsimilie, 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 as a manual signature.”

Advance medical directives are documents such as “do not resuscitate” orders and doctor/medical orders for life sustaining treatment, that allow individuals to appoint someone to make medical decisions for them if they are incapacitated.

The current Texas law requires manual signatures for the AMD to be valid and enforceable.

The new law addresses current technology and the best practices applicable to AMDs by clearly and unambiguously stating that an electronic or digital signature on an AMD is acceptable, and by allowing such signatures to be authenticated by witnesses or a notary public.

The law becomes effective on Sept. 1, 2009.