By West H.B. No. 272
76R2254 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to consent for emergency care.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 773.008, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 773.008. CONSENT FOR EMERGENCY CARE. (a) Except as
1-7 provided by Subsection (b), consent [Consent] for emergency care of
1-8 an individual is not required if:
1-9 (1) the individual is:
1-10 (A) unable to communicate because of an injury,
1-11 accident, or illness or is unconscious; or [and]
1-12 (B) suffering from what reasonably appears to be
1-13 a life-threatening injury or illness;
1-14 (2) a court of record orders the treatment of an
1-15 individual who is in an imminent emergency to prevent the
1-16 individual's serious bodily injury or loss of life; [or]
1-17 (3) the individual is a minor who is suffering from
1-18 what reasonably appears to be a life-threatening injury or illness
1-19 and whose parents, managing or possessory conservator, or guardian
1-20 is not present; or
1-21 (4) the individual objects to emergency care and a
1-22 licensed physician has informed the person providing the emergency
1-23 care that the individual is likely to be suffering from a
1-24 life-threatening injury or illness.
2-1 (b) Consent for emergency care of an individual is required
2-2 if:
2-3 (1) the individual has executed a directive relating
2-4 to medical or emergency care of the individual, the provision of
2-5 emergency care is in conflict with the directive, and the person
2-6 providing the emergency care knows of the directive; or
2-7 (2) the individual has stated or implied an objection
2-8 based on religious reasons to the provision of emergency care.
2-9 SECTION 2. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.