By: A. Johnson of Harris H.B. No. 3058
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of the physician-patient relationship
  with respect to certain medically necessary services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 74, Civil Practice and Remedies Code, is
  amended by adding Subchapter L to read as follows:
  Subchapter L. MEDICALLY NECESSARY SERVICES
         Sec. 74.551.  DEFINITIONS. In this subchapter:
               (1)  "Medically necessary" means medical services that
  are supported by documentation which show the services are:
                     (A)  reasonable and necessary to prevent illness,
  medical, or dental conditions, or provide early screening,
  interventions, or treatments for conditions that cause suffering or
  pain, cause physical deformity or limitations in function, threaten
  to cause or worsen a disability, cause illness or infirmity of a
  patient, or endanger the patient’s life;
                     (B)  consistent with health care practice
  guidelines and standards that are issued by professionally
  recognized health care organizations or governmental agencies;
                     (C)  consistent with the diagnoses of the
  conditions;
                     (D)  no more intrusive or restrictive than
  necessary to provide a proper balance of safety, effectiveness, and
  efficiency;
                     (E)  not experimental or investigative; and
                     (F)  not primarily for the convenience of the
  physician or patient engaged in a physician-patient relationship.
               (2)  "Physician-patient relationship" means a
  consensual relationship that exists because of a contract, express
  or implied, that the physician will treat the patient with proper
  professional skill.
         Sec. 74.552.  EFFECT OF PATIENT CONSENT TO MEDICALLY
  NECESSARY SERVICES. For purposes of this chapter or any other law,
  a physician engaged in a physician-patient relationship is not
  liable in a proceeding conducted under the laws of this state solely
  for providing medically necessary services to the patient if the
  physician complies with Subchapter C and the patient consents to
  the services.
         SECTION 2.  This Act takes effect September 1, 2023.