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