| 1 | 1 | | 2021S0132-T 03/02/21 |
|---|
| 2 | 2 | | By: Perry, et al. S.B. No. 1392 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority to limit or prohibit medical procedures |
|---|
| 8 | 8 | | during a declared state of disaster. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter B, Chapter 418, Government Code, is |
|---|
| 11 | 11 | | amended by adding Section 418.0125 to read as follows: |
|---|
| 12 | 12 | | Sec. 418.0125. LIMITATIONS ON MEDICAL PROCEDURES. (a) In |
|---|
| 13 | 13 | | this section, "nonelective procedure" means a medical procedure, |
|---|
| 14 | 14 | | including surgery, physical exam, diagnostic test, the performing |
|---|
| 15 | 15 | | of lab tests, obtaining specimens to perform laboratory tests, and |
|---|
| 16 | 16 | | screening, that if not performed within a reasonable time may, as |
|---|
| 17 | 17 | | determined by a patient's physician in good faith, result in: |
|---|
| 18 | 18 | | (1) the patient's loss of life; or |
|---|
| 19 | 19 | | (2) deterioration, complications, or progression of |
|---|
| 20 | 20 | | the patient's current or potential medical condition or disorder, |
|---|
| 21 | 21 | | including physical condition or mental disorder. |
|---|
| 22 | 22 | | (b) The governor during a declared state of disaster may not |
|---|
| 23 | 23 | | issue an executive order, proclamation, or regulation that limits |
|---|
| 24 | 24 | | or prohibits a nonelective procedure. |
|---|
| 25 | 25 | | (c) The governor during a declared state of disaster may |
|---|
| 26 | 26 | | issue an executive order, proclamation, or regulation imposing a |
|---|
| 27 | 27 | | temporary limitation or prohibition on a medical procedure other |
|---|
| 28 | 28 | | than a nonelective procedure only if the limitation or prohibition |
|---|
| 29 | 29 | | is reasonably necessary to conserve resources for nonelective |
|---|
| 30 | 30 | | procedures or resources needed for disaster response. An executive |
|---|
| 31 | 31 | | order, proclamation, or regulation issued under this subsection may |
|---|
| 32 | 32 | | not continue for more than 15 days unless renewed by the governor. |
|---|
| 33 | 33 | | (d) A person subject to an order, proclamation, or |
|---|
| 34 | 34 | | regulation under this section who in good faith takes or fails to |
|---|
| 35 | 35 | | take any action in accordance with that order, proclamation, or |
|---|
| 36 | 36 | | regulation is immune from civil or criminal liability or |
|---|
| 37 | 37 | | disciplinary action resulting from that act or failure to act. |
|---|
| 38 | 38 | | (e) The immunity provided by Subsection (d) is in addition |
|---|
| 39 | 39 | | to any other immunity or limitations of liability provided by law. |
|---|
| 40 | 40 | | (f) Notwithstanding any other law, this section does not |
|---|
| 41 | 41 | | create a civil, criminal, or administrative cause of action or |
|---|
| 42 | 42 | | liability or create a standard of care, obligation, or duty that |
|---|
| 43 | 43 | | provides the basis for a cause of action for an act or omission |
|---|
| 44 | 44 | | under this section. |
|---|
| 45 | 45 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 46 | 46 | | an order, proclamation, or regulation issued on or after the |
|---|
| 47 | 47 | | effective date of this Act. |
|---|
| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 52 | 52 | | Act takes effect September 1, 2021. |
|---|