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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to choose and refuse medical treatment and |
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control measures and to the imposition of isolation or quarantine |
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control measures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 81.009, Health and Safety |
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Code, is amended to read as follows: |
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Sec. 81.009. EXEMPTION FROM MEDICAL TREATMENT; RIGHT TO |
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CHOOSE OR REFUSE MEDICAL TREATMENT AND CONTROL MEASURES. |
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SECTION 2. Section 81.009, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) This chapter does not authorize or require the medical |
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treatment of an individual who chooses treatment by prayer or |
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spiritual means [as part of the tenets and practices of a recognized |
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church of which the individual is an adherent or member]. However, |
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the individual may be isolated or quarantined from the public [in an |
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appropriate facility] and shall obey the rules, orders, and |
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instructions of the department or health authority while in |
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isolation or quarantine. |
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(c) Notwithstanding other law, an individual retains the |
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right to choose and make decisions regarding the medical treatment |
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provided to the individual or the individual's child and the right |
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to refuse: |
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(1) a medical treatment or procedure; |
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(2) a medical test; |
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(3) a physical or mental examination; |
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(4) an immunization; |
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(5) an experimental procedure or protocol; |
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(6) the collection of a specimen; |
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(7) participation in a tracking or tracing program; |
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(8) participation in wearing a medical or other |
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protective device; |
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(9) participation in maintaining a measured distance |
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from other individuals or animals, unless the distance is required |
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by law or under a court order unrelated to this chapter; and |
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(10) involuntary disclosure of personal data or |
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medical information. |
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SECTION 3. Subchapter E, Chapter 81, Health and Safety |
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Code, is amended by adding Section 81.0825 to read as follows: |
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Sec. 81.0825. REQUIREMENTS FOR IMPOSITION OF CONTROL |
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MEASURES INVOLVING ISOLATION OR QUARANTINE FOR INDIVIDUAL OR GROUP. |
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(a) Before ordering an individual or a group of individuals to |
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implement control measures under Section 81.083 or 81.085 that |
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involve isolation or quarantine, the department or a health |
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authority must: |
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(1) provide notice of the control measures to the |
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individual or group of individuals; |
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(2) provide to the individual or group of individuals |
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an opportunity to demonstrate that the implementation of control |
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measures is not necessary; and |
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(3) obtain from a district court in a county in which |
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the individual or group of individuals resides, is located, or is |
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receiving court-ordered health services a court order authorizing |
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the department or health authority to order the individual or group |
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of individuals to implement control measures. |
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(b) To obtain a court order under Subsection (a)(3), the |
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department or health authority must demonstrate to the court by |
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clear and convincing evidence that the individual or group of |
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individuals is infected with or is reasonably suspected of being |
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infected with a communicable disease that presents a threat to |
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public health. The department or health authority must submit to |
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the court any evidence the individual or group provides to the |
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department or health authority under Subsection (a)(2). |
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(c) In ordering an individual or group of individuals to |
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implement control measures under Section 81.083 or 81.085 that |
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involve isolation or quarantine, the department or a health |
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authority to the greatest extent possible must: |
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(1) use the least restrictive means available; and |
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(2) allow an individual to isolate or quarantine in |
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the individual's home or with a family member, a friend, or another |
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individual with whom the individual is involved in a romantic |
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relationship. |
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SECTION 4. Sections 81.083(b) and (k), Health and Safety |
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Code, are amended to read as follows: |
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(b) If the department or a health authority has reasonable |
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cause to believe that an individual is ill with, has been exposed |
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to, or is the carrier of a communicable disease, the department or |
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health authority may, subject to Section 81.0825, order the |
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individual, or the individual's parent, legal guardian, or managing |
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conservator if the individual is a minor, to implement control |
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measures that are reasonable and necessary to prevent the |
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introduction, transmission, and spread of the disease in this |
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state. |
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(k) If the department or a health authority has reasonable |
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cause to believe that a group of five or more individuals has been |
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exposed to or infected with a communicable disease, the department |
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or health authority may, subject to Section 81.0825, order the |
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members of the group to implement control measures that are |
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reasonable and necessary to prevent the introduction, |
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transmission, and spread of the disease in this state. If the |
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department or health authority adopts control measures under this |
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subsection, each member of the group is subject to the requirements |
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of this section. |
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SECTION 5. Sections 81.085(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) If an outbreak of communicable disease occurs in this |
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state, the commissioner or one or more health authorities may, |
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subject to Section 81.0825, impose an area quarantine coextensive |
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with the area affected. The commissioner may impose an area |
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quarantine, if the commissioner has reasonable cause to believe |
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that individuals or property in the area may be infected or |
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contaminated with a communicable disease, for the period necessary |
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to determine whether an outbreak of communicable disease has |
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occurred. A health authority may impose the quarantine only within |
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the boundaries of the health authority's jurisdiction. |
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(c) The department may, subject to Section 81.0825, impose |
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additional disease control measures in a quarantine area that the |
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department considers necessary and most appropriate to arrest, |
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control, and eradicate the threat to the public health. Absent |
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preemptive action by the department under this chapter or by the |
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governor under Chapter 418, Government Code (Texas Disaster Act of |
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1975), a health authority may impose in a quarantine area under the |
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authority's jurisdiction additional disease control measures that |
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the health authority considers necessary and most appropriate to |
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arrest, control, and eradicate the threat to the public health. |
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SECTION 6. Section 81.009(b), Health and Safety Code, is |
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repealed. |
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SECTION 7. This Act takes effect September 1, 2021. |