By: Nixon, et al. H.B. No. 1592
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the offense of performing surgery
while intoxicated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 165, Occupations Code, is
amended by adding Section 165.1535 to read as follows:
Sec. 165.1535. PERFORMING SURGERY WHILE INTOXICATED. (a)
In this section, "intoxicated" has the meaning assigned by Section
49.01, Penal Code.
(b) 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) An offense under this section is a state jail felony.
(d) It is an affirmative defense to prosecution under this
section that the actor performed the surgery in an emergency. In
this subsection, "emergency" means a condition or circumstance in
which a reasonable person with education and training similar to
that of the actor would assume that the person on whom the surgery
was performed was in imminent danger of serious bodily injury or
death.
SECTION 2. This Act takes effect September 1, 2003.