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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of misrepresenting |
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medical history to obtain unnecessary medical treatment for a |
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child, elderly individual, or disabled individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Alyssa's Law. |
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SECTION 2. Chapter 22, Penal Code, is amended by adding |
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Section 22.042 to read as follows: |
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Sec. 22.042. MISREPRESENTING MEDICAL HISTORY TO OBTAIN |
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UNNECESSARY MEDICAL TREATMENT FOR CHILD, ELDERLY INDIVIDUAL, OR |
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DISABLED INDIVIDUAL. (a) In this section: |
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(1) "Child" means a person younger than 18 years of |
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age. |
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(2) "Disabled individual" and "elderly individual" |
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have the meanings assigned by Section 22.04. |
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(3) "Health care institution or provider" means a |
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health care institution or a health care provider, as those terms |
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are defined by Section 74.001, Civil Practice and Remedies Code, or |
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an affiliate, as defined by that section, of a health care |
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institution or health care provider. |
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(4) "Medical history" means any oral, written, or |
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electronic communication regarding an individual's current or |
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previous symptoms, diagnoses, or family medical history. The term |
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does not include a communication regarding an individual's |
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vaccination history. |
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(b) A person commits an offense if: |
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(1) the person knowingly misrepresents the medical |
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history of a child, elderly individual, or disabled individual to a |
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health care institution or provider with the intent to obtain |
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unnecessary medical treatment for the child, elderly individual, or |
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disabled individual; and |
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(2) the unnecessary medical treatment for the child, |
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elderly individual, or disabled individual obtained by |
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misrepresentation under Subdivision (1) causes the child, elderly |
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individual, or disabled individual to suffer: |
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(A) bodily injury; or |
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(B) mental deficiency, impairment, or injury. |
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(c) An offense under this section is a felony of the third |
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degree. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |