H.B. 1592 78(R)    BILL ANALYSIS


H.B. 1592
By: Nixon
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

In past committee hearings, we have heard testimony from victims where a
doctor had operated or treated a patient while under the influence of
alcohol or drugs.  The intent of this bill is to make such behavior by
medical professionals a criminal offense -- when the life or health of a
patient is endangered.  Such conduct should not be tolerated, and should
be treated as criminal behavior.  A person who drives while intoxicated
and injures or kills someone is subject to criminal punishment-a medical
professional who injures or kills a patient while intoxicated should be
treated similarly. House Bill 1592 makes it an offense for a person
licensed or regulated under the Medical Practice Act to perform a
procedure while intoxicated.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 1592 makes it an offense for a person licensed or regulated
under the Medical Practice Act to perform a procedure while intoxicated.
The offense is a state jail felony. 

EFFECTIVE DATE

September 1, 2003.