Texas House Bill HB1305

Texas 2009 - 81st Regular

Caption

Relating to civil liability of hospitals or persons drawing blood pursuant to a search warrant.

Impact

The proposed legislation is expected to have a considerable impact on the civil liability landscape for healthcare providers in Texas. It provides clear legal coverage for hospitals and healthcare workers performing blood draws in accordance with law enforcement requests, thereby reducing the fear of potential lawsuits in these situations. This protection is seen as necessary by supporters, especially in cases involving intoxicated individuals or incidents where blood draws are required for evidence in criminal investigations.

Summary

House Bill 1305 addresses the civil liability concerns of hospitals and individuals who draw blood under the authority of a search warrant. The bill amends the Transportation Code to specify that neither the person taking the blood specimen nor the hospital where the blood is taken can be held liable for damages arising from the act, as long as the procedure adheres to recognized medical standards. This is a significant modification aimed at clarifying the legal protections for medical professionals involved in such procedures.

Contention

While the bill aims to streamline and protect the healthcare practices associated with law enforcement procedures, it may also raise concerns regarding the accountability of healthcare workers in the context of negligence. Opponents might argue that while it safeguards medical providers, it could also limit recourse for individuals who may suffer harm due to improper procedures during blood draws. The delineation of liability terms within the bill highlights an ongoing debate over balancing the interests of healthcare providers and patient rights.