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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to limit or prohibit medical procedures |
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during a declared state of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 418, Government Code, is |
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amended by adding Section 418.0125 to read as follows: |
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Sec. 418.0125. LIMITATIONS ON MEDICAL PROCEDURES. (a) In |
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this section, "nonelective procedure" means a medical procedure, |
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including surgery, physical exam, diagnostic test, the performing |
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of lab tests, obtaining specimens to perform laboratory tests, and |
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screening, that if not performed within a reasonable time may, as |
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determined by a patient's physician in good faith, result in: |
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(1) the patient's loss of life; or |
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(2) deterioration, complications, or progression of |
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the patient's current or potential medical condition or disorder, |
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including physical condition or mental disorder. |
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(b) The governor during a declared state of disaster may not |
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issue an executive order, proclamation, or regulation that limits |
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or prohibits a nonelective procedure. |
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(c) The governor during a declared state of disaster may |
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issue an executive order, proclamation, or regulation imposing a |
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temporary limitation or prohibition on a medical procedure other |
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than a nonelective procedure only if the limitation or prohibition |
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is reasonably necessary to conserve resources for nonelective |
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procedures or resources needed for disaster response. An executive |
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order, proclamation, or regulation issued under this subsection may |
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not continue for more than 15 days unless renewed by the governor. |
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(d) A person subject to an order, proclamation, or |
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regulation under this section who in good faith takes or fails to |
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take any action in accordance with that order, proclamation, or |
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regulation is immune from civil or criminal liability or |
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disciplinary action resulting from that act or failure to act. |
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(e) The immunity provided by Subsection (d) is in addition |
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to any other immunity or limitations of liability provided by law. |
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(f) Notwithstanding any other law, this section does not |
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create a civil, criminal, or administrative cause of action or |
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liability or create a standard of care, obligation, or duty that |
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provides the basis for a cause of action for an act or omission |
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under this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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an order, proclamation, or regulation issued on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |