| 1 | 1 | | 89R8282 MCF-F |
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| 2 | 2 | | By: Howard H.B. No. 2190 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to immunity from criminal liability for certain health |
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| 10 | 10 | | care practitioners. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Chapter 174 to read as follows: |
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| 14 | 14 | | CHAPTER 174. IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTH CARE |
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| 15 | 15 | | PRACTITIONERS |
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| 16 | 16 | | Sec. 174.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Health care practitioner" means an individual |
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| 18 | 18 | | who: |
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| 19 | 19 | | (A) provides a health care service at one of the |
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| 20 | 20 | | following facilities: |
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| 21 | 21 | | (i) a home and community support services |
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| 22 | 22 | | agency licensed or licensed and certified under Chapter 142; |
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| 23 | 23 | | (ii) a hospital licensed under Chapter 241 |
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| 24 | 24 | | or a hospital maintained or operated by an agency of this state that |
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| 25 | 25 | | is exempt from licensing under that chapter; |
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| 26 | 26 | | (iii) a nursing facility licensed under |
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| 27 | 27 | | Chapter 242; |
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| 28 | 28 | | (iv) an ambulatory surgical center licensed |
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| 29 | 29 | | under Chapter 243; |
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| 30 | 30 | | (v) a freestanding emergency medical care |
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| 31 | 31 | | facility as defined by Section 254.001; or |
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| 32 | 32 | | (vi) a mental hospital licensed under |
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| 33 | 33 | | Chapter 577; or |
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| 34 | 34 | | (B) is licensed, certified, or registered as a: |
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| 35 | 35 | | (i) physician under Chapter 155, |
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| 36 | 36 | | Occupations Code; |
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| 37 | 37 | | (ii) physician assistant under Chapter 204, |
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| 38 | 38 | | Occupations Code; |
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| 39 | 39 | | (iii) surgical assistant under Chapter 206, |
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| 40 | 40 | | Occupations Code; or |
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| 41 | 41 | | (iv) nurse under Chapter 301, Occupations |
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| 42 | 42 | | Code. |
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| 43 | 43 | | (2) "Health care service" means a service within the |
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| 44 | 44 | | scope of a health care practitioner's practice provided to an |
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| 45 | 45 | | individual in this state. The term includes a diagnostic, |
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| 46 | 46 | | treatment, or rehabilitative service. |
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| 47 | 47 | | Sec. 174.002. IMMUNITY FROM CRIMINAL LIABILITY; EXCEPTION. |
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| 48 | 48 | | (a) Notwithstanding any other law and except as provided by |
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| 49 | 49 | | Subsection (b), a health care practitioner providing a health care |
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| 50 | 50 | | service is immune from criminal liability for any harm or damage |
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| 51 | 51 | | resulting from an act or omission relating to the provision of the |
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| 52 | 52 | | health care service. |
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| 53 | 53 | | (b) A health care practitioner is not immune from criminal |
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| 54 | 54 | | liability under Subsection (a) if harm or damage results from a |
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| 55 | 55 | | criminally negligent, reckless, knowing, or intentional act. |
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| 56 | 56 | | Sec. 174.003. CONSTRUCTION. This chapter may not be |
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| 57 | 57 | | construed to amend, repeal, or alter any other immunity, defense, |
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| 58 | 58 | | limitation of liability, or procedure available under any other law |
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| 59 | 59 | | or contract. |
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| 60 | 60 | | SECTION 2. Section 174.002, Health and Safety Code, as |
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| 61 | 61 | | added by this Act, applies only to a suspected offense that was |
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| 62 | 62 | | committed, is believed to have been committed, or was discovered on |
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| 63 | 63 | | or after the effective date of this Act. |
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| 64 | 64 | | SECTION 3. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2025. |
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