Texas 2021 - 87th Regular

Texas Senate Bill SB1313 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R8402 JG-F
1	2		By: Hall S.B. No. 1313
2		-	(In the Senate - Filed March 9, 2021; March 18, 2021, read
3		-	first time and referred to Committee on Health & Human Services;
4		-	April 19, 2021, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 3; April 19, 2021,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1313 By: Perry
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the right to choose and refuse medical treatment and
14	8		control measures and to the imposition of isolation or quarantine
15	9		control measures.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. The heading to Section 81.009, Health and Safety
18	12		Code, is amended to read as follows:
19	13		Sec. 81.009. EXEMPTION FROM MEDICAL TREATMENT; RIGHT TO
20	14		CHOOSE OR REFUSE MEDICAL TREATMENT AND CONTROL MEASURES.
21	15		SECTION 2. Section 81.009, Health and Safety Code, is
22	16		amended by amending Subsection (a) and adding Subsection (c) to
23	17		read as follows:
24	18		(a) This chapter does not authorize or require the medical
25	19		treatment of an individual who chooses treatment by prayer or
26	20		spiritual means [as part of the tenets and practices of a recognized
27	21		church of which the individual is an adherent or member]. However,
28	22		the individual may be isolated or quarantined from the public [in an
29	23		appropriate facility] and shall obey the rules, orders, and
30	24		instructions of the department or health authority while in
31	25		isolation or quarantine.
32		-	(c) Notwithstanding other law, an individual, or the
33		-	individual's parent, legal guardian, or managing conservator if the
34		-	individual is a minor, retains the right to choose and make
35		-	decisions regarding the medical treatment provided to the
36		-	individual and the right to refuse a control measure.
	26	+	(c) Notwithstanding other law, an individual retains the
	27	+	right to choose and make decisions regarding the medical treatment
	28	+	provided to the individual or the individual's child and the right
	29	+	to refuse:
	30	+	(1) a medical treatment or procedure;
	31	+	(2) a medical test;
	32	+	(3) a physical or mental examination;
	33	+	(4) an immunization;
	34	+	(5) an experimental procedure or protocol;
	35	+	(6) the collection of a specimen;
	36	+	(7) participation in a tracking or tracing program;
	37	+	(8) participation in wearing a medical or other
	38	+	protective device;
	39	+	(9) participation in maintaining a measured distance
	40	+	from other individuals or animals, unless the distance is required
	41	+	by law or under a court order unrelated to this chapter; and
	42	+	(10) involuntary disclosure of personal data or
	43	+	medical information.
37	44		SECTION 3. Subchapter E, Chapter 81, Health and Safety
38	45		Code, is amended by adding Section 81.0825 to read as follows:
39	46		Sec. 81.0825. REQUIREMENTS FOR IMPOSITION OF CONTROL
40	47		MEASURES INVOLVING ISOLATION OR QUARANTINE FOR INDIVIDUAL OR GROUP.
41	48		(a) Before ordering an individual or a group of individuals to
42	49		implement control measures under Section 81.083 or 81.085 that
43	50		involve isolation or quarantine, the department or a health
44	51		authority must:
45	52		(1) provide notice of the control measures to the
46		-	individual or group of individuals; ~~and~~
	53	+	individual or group of individuals;
47	54		(2) provide to the individual or group of individuals
48	55		an opportunity to demonstrate that the implementation of control
49		-	measures is not necessary.
50		-	(b) In ordering an individual or group of individuals to
	56	+	measures is not necessary; and
	57	+	(3) obtain from a district court in a county in which
	58	+	the individual or group of individuals resides, is located, or is
	59	+	receiving court-ordered health services a court order authorizing
	60	+	the department or health authority to order the individual or group
	61	+	of individuals to implement control measures.
	62	+	(b) To obtain a court order under Subsection (a)(3), the
	63	+	department or health authority must demonstrate to the court by
	64	+	clear and convincing evidence that the individual or group of
	65	+	individuals is infected with or is reasonably suspected of being
	66	+	infected with a communicable disease that presents a threat to
	67	+	public health. The department or health authority must submit to
	68	+	the court any evidence the individual or group provides to the
	69	+	department or health authority under Subsection (a)(2).
	70	+	(c) In ordering an individual or group of individuals to
51	71		implement control measures under Section 81.083 or 81.085 that
52	72		involve isolation or quarantine, the department or a health
53	73		authority to the greatest extent possible must:
54	74		(1) use the least restrictive means available; and
55	75		(2) allow an individual to isolate or quarantine in
56		-	the individual's home or with a family member or friend.
	76	+	the individual's home or with a family member, a friend, or another
	77	+	individual with whom the individual is involved in a romantic
	78	+	relationship.
57	79		SECTION 4. Sections 81.083(b) and (k), Health and Safety
58	80		Code, are amended to read as follows:
59	81		(b) If the department or a health authority has reasonable
60	82		cause to believe that an individual is ill with, has been exposed
61	83		to, or is the carrier of a communicable disease, the department or
62	84		health authority may, subject to Section 81.0825, order the
63	85		individual, or the individual's parent, legal guardian, or managing
64	86		conservator if the individual is a minor, to implement control
65	87		measures that are reasonable and necessary to prevent the
66	88		introduction, transmission, and spread of the disease in this
67	89		state.
68	90		(k) If the department or a health authority has reasonable
69	91		cause to believe that a group of five or more individuals has been
70	92		exposed to or infected with a communicable disease, the department
71	93		or health authority may, subject to Section 81.0825, order the
72	94		members of the group to implement control measures that are
73	95		reasonable and necessary to prevent the introduction,
74	96		transmission, and spread of the disease in this state. If the
75	97		department or health authority adopts control measures under this
76	98		subsection, each member of the group is subject to the requirements
77	99		of this section.
78	100		SECTION 5. Sections 81.085(a) and (c), Health and Safety
79	101		Code, are amended to read as follows:
80	102		(a) If an outbreak of communicable disease occurs in this
81	103		state, the commissioner or one or more health authorities may,
82	104		subject to Section 81.0825, impose an area quarantine coextensive
83	105		with the area affected. The commissioner may impose an area
84	106		quarantine, if the commissioner has reasonable cause to believe
85	107		that individuals or property in the area may be infected or
86	108		contaminated with a communicable disease, for the period necessary
87	109		to determine whether an outbreak of communicable disease has
88	110		occurred. A health authority may impose the quarantine only within
89	111		the boundaries of the health authority's jurisdiction.
90	112		(c) The department may, subject to Section 81.0825, impose
91	113		additional disease control measures in a quarantine area that the
92	114		department considers necessary and most appropriate to arrest,
93	115		control, and eradicate the threat to the public health. Absent
94	116		preemptive action by the department under this chapter or by the
95	117		governor under Chapter 418, Government Code (Texas Disaster Act of
96	118		1975), a health authority may impose in a quarantine area under the
97	119		authority's jurisdiction additional disease control measures that
98	120		the health authority considers necessary and most appropriate to
99	121		arrest, control, and eradicate the threat to the public health.
100	122		SECTION 6. Section 81.009(b), Health and Safety Code, is
101	123		repealed.
102	124		SECTION 7. This Act takes effect September 1, 2021.
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