89R8282 MCF-F
By: Howard H.B. No. 2190
A BILL TO BE ENTITLED
AN ACT
relating to immunity from criminal liability for certain health
care practitioners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 174 to read as follows:
CHAPTER 174. IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTH CARE
PRACTITIONERS
Sec. 174.001. DEFINITIONS. In this chapter:
(1) "Health care practitioner" means an individual
who:
(A) provides a health care service at one of the
following facilities:
(i) a home and community support services
agency licensed or licensed and certified under Chapter 142;
(ii) a hospital licensed under Chapter 241
or a hospital maintained or operated by an agency of this state that
is exempt from licensing under that chapter;
(iii) a nursing facility licensed under
Chapter 242;
(iv) an ambulatory surgical center licensed
under Chapter 243;
(v) a freestanding emergency medical care
facility as defined by Section 254.001; or
(vi) a mental hospital licensed under
Chapter 577; or
(B) is licensed, certified, or registered as a:
(i) physician under Chapter 155,
Occupations Code;
(ii) physician assistant under Chapter 204,
Occupations Code;
(iii) surgical assistant under Chapter 206,
Occupations Code; or
(iv) nurse under Chapter 301, Occupations
Code.
(2) "Health care service" means a service within the
scope of a health care practitioner's practice provided to an
individual in this state. The term includes a diagnostic,
treatment, or rehabilitative service.
Sec. 174.002. IMMUNITY FROM CRIMINAL LIABILITY; EXCEPTION.
(a) Notwithstanding any other law and except as provided by
Subsection (b), a health care practitioner providing a health care
service is immune from criminal liability for any harm or damage
resulting from an act or omission relating to the provision of the
health care service.
(b) A health care practitioner is not immune from criminal
liability under Subsection (a) if harm or damage results from a
criminally negligent, reckless, knowing, or intentional act.
Sec. 174.003. CONSTRUCTION. This chapter may not be
construed to amend, repeal, or alter any other immunity, defense,
limitation of liability, or procedure available under any other law
or contract.
SECTION 2. Section 174.002, Health and Safety Code, as
added by this Act, applies only to a suspected offense that was
committed, is believed to have been committed, or was discovered 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, 2025.