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.