By Delisi H.B. No. 1307
75R5792 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to physician-assisted suicide; providing a criminal
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
1-7 4.012 to read as follows:
1-8 Sec. 4.012. PROHIBITED ACTS INVOLVING ASSISTED SUICIDE. (a)
1-9 A physician may not knowingly perform an affirmative or deliberate
1-10 act to end a human life.
1-11 (b) A physician may not knowingly use the physician's
1-12 knowledge of or access to medical instruments, medicines, drugs, or
1-13 other substances or devices to enable another person to:
1-14 (1) commit or attempt to commit suicide; or
1-15 (2) assist another person in committing or attempting
1-16 to commit suicide.
1-17 (c) A physician commits an offense if the physician violates
1-18 Subsection (b) of this section. An offense under this subsection
1-19 is punishable as if it were an offense under Section 22.08, Penal
1-20 Code.
1-21 (d) The board may take any appropriate disciplinary action
1-22 against a physician who violates Subsection (a) or (b) of this
1-23 section. The board may refuse to admit to examination or refuse to
1-24 issue a license or renewal license to a person who violates
2-1 Subsection (a) or (b) of this section.
2-2 (e) A physician does not violate this section if the
2-3 physician:
2-4 (1) complies with a directive to withhold or withdraw
2-5 life-sustaining procedures under Chapter 672, Health and Safety
2-6 Code;
2-7 (2) complies with an out-of-hospital
2-8 do-not-resuscitate order executed under Chapter 674, Health and
2-9 Safety Code; or
2-10 (3) performs an abortion permitted by Section 4.011 of
2-11 this Act.
2-12 (f) In this section, "physician" means a person licensed to
2-13 practice medicine in this state.
2-14 SECTION 2. This Act takes effect September 1, 1997.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.