By Delisi                                       H.B. No. 3064

      75R9079 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to acts by health care professionals involving assisted

 1-3     suicide; providing a criminal penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  DEFINITION.  In this Act, "health care

 1-6     professional" means a person licensed, certified, or registered by

 1-7     a health care regulatory agency in this state.

 1-8           SECTION 2.  PROHIBITED ACTS BY HEALTH CARE PROFESSIONALS

 1-9     INVOLVING ASSISTED SUICIDE; OFFENSE.  (a)  A health care

1-10     professional may not knowingly perform an affirmative or deliberate

1-11     act to end a human life.

1-12           (b)  A health care professional may not knowingly use the

1-13     person's knowledge of or access to medical instruments, medicines,

1-14     drugs, or other substances or devices to enable another person to:

1-15                 (1)  commit or attempt to commit suicide; or

1-16                 (2)  assist another person in committing or attempting

1-17     to commit suicide.

1-18           (c)  A health care professional commits an offense if the

1-19     person violates this section.  An offense under this section is a

1-20     state jail felony.

1-21           SECTION 3.  DISCIPLINARY ACTION.  (a)  The appropriate health

1-22     care regulatory agency may take any appropriate disciplinary action

1-23     against a health care professional who violates Section 2 of this

1-24     Act.

 2-1           (b)  A health care regulatory agency may refuse to admit to

 2-2     examination or refuse to issue a license, certificate, or

 2-3     registration or a renewal license, certificate, or registration to

 2-4     a health care professional who violates Section 2 of this Act.

 2-5           SECTION 4.  EXEMPTIONS.  (a)  A health care professional does

 2-6     not violate this Act if the person:

 2-7                 (1)  complies with Chapter 672, Health and Safety Code;

 2-8                 (2)  complies with an out-of-hospital

 2-9     do-not-resuscitate order executed under Chapter 674, Health and

2-10     Safety Code;

2-11                 (3)  complies with a health care decision made by an

2-12     agent under a durable power of attorney for health care under

2-13     Chapter 135, Civil Practice and Remedies Code; or

2-14                 (4)  treats intractable pain as provided by Article

2-15     4495c, Revised Statutes.

2-16           (b)  A physician does not violate this Act if the physician

2-17     performs an abortion permitted by Section 4.011, Medical Practice

2-18     Act (Article 4495b, Vernon's Texas Civil Statutes).  In this

2-19     subsection, "physician" means a person licensed to practice

2-20     medicine in this state.

2-21           SECTION 5.  EFFECTIVE DATE.  This Act takes effect September

2-22     1, 1997.

2-23           SECTION 6.  EMERGENCY.  The importance of this legislation

2-24     and the crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended.