Texas Senate Bill SB1392

Texas 2021 - 87th Regular

Caption

Relating to the authority to limit or prohibit medical procedures during a declared state of disaster.

Impact

The introduction of SB1392 is expected to have a significant impact on state laws regarding emergency health protocols. By clearly delineating the boundaries of executive power, the bill aims to protect patients' access to essential medical care when a disaster is declared. However, it does permit the governor to limit non-essential medical procedures if deemed necessary for resource conservation, albeit with stipulations on the duration of such regulations. This dual approach aims to balance resource management while safeguarding patient health.

Summary

SB1392 aims to define the authority of the governor regarding the limitation or prohibition of medical procedures during a declared state of disaster. The bill elaborates on what constitutes a 'nonelective procedure'—medical actions that cannot be postponed without risking the health of patients. Under this proposed law, the governor is prohibited from issuing any orders that would limit or prevent these nonelective procedures during a disaster declaration. This seeks to ensure that critical healthcare services remain available during times of crisis.

Contention

Discussion around SB1392 could potentially reveal points of contention regarding government control over healthcare provisions. Supporters may argue that it is essential to maintain independence in medical decision-making during emergencies, while opponents might raise concerns about the challenges in effectively managing healthcare resources under high-pressure scenarios. Furthermore, there are implications for legal liability as the bill includes provisions to protect individuals from civil or criminal actions stemming from compliance with such executive orders, which may spark debate about accountability in healthcare during disasters.