SRC-TAG H.B. 1592 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1592
By: Nixon (Janek)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 1592 establishes that it is an offense for a person licensed or
regulated under the Medical Practice Act to perform a procedure while
intoxicated.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 165, Occupations Code, by adding
Section 165.1535, as follows: 

Sec. 165.1535.  PERFORMING SURGERY WHILE INTOXICATED.  (a)   Defines
"intoxicated." 

(b)  Provides that a person commits an offense if the person is licensed
or regulated under this subtitle, performs surgery on a patient while
intoxicated, and, by reason of that conduct, places the patient at a
substantial and unjustifiable risk of harm. 
 
  (c)  Specifies that an offense under this section is a state jail felony.
  
(d)   Provides that it is an affirmative defense to prosecution under this
section that the actor performed the surgery in an emergency.  Defines
"emergency." 

SECTION 2.  This Act takes effect September 1, 2003.