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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity from criminal liability for certain health |
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care practitioners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 174 to read as follows: |
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CHAPTER 174. IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTH CARE |
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PRACTITIONERS |
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Sec. 174.001. DEFINITIONS. In this chapter: |
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(1) "Health care practitioner" means an individual |
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who: |
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(A) provides a health care service at one of the |
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following facilities: |
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(i) a home and community support services |
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agency licensed or licensed and certified under Chapter 142; |
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(ii) a hospital licensed under Chapter 241 |
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or a hospital maintained or operated by an agency of this state that |
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is exempt from licensing under that chapter; |
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(iii) a nursing facility licensed under |
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Chapter 242; |
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(iv) an ambulatory surgical center licensed |
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under Chapter 243; |
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(v) a freestanding emergency medical care |
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facility as defined by Section 254.001; or |
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(vi) a mental hospital licensed under |
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Chapter 577; or |
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(B) is licensed, certified, or registered as a: |
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(i) physician under Chapter 155, |
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Occupations Code; |
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(ii) physician assistant under Chapter 204, |
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Occupations Code; |
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(iii) surgical assistant under Chapter 206, |
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Occupations Code; or |
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(iv) nurse under Chapter 301, Occupations |
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Code. |
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(2) "Health care service" means a service within the |
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scope of a health care practitioner's practice provided to an |
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individual in this state. The term includes a diagnostic, |
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treatment, or rehabilitative service. |
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Sec. 174.002. IMMUNITY FROM CRIMINAL LIABILITY; EXCEPTION. |
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(a) Notwithstanding any other law and except as provided by |
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Subsection (b), a health care practitioner providing a health care |
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service is immune from criminal liability for any harm or damage |
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resulting from an act or omission relating to the provision of the |
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health care service. |
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(b) A health care practitioner is not immune from criminal |
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liability under Subsection (a) if harm or damage results from a |
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criminally negligent, reckless, knowing, or intentional act. |
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Sec. 174.003. CONSTRUCTION. This chapter may not be |
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construed to amend, repeal, or alter any other immunity, defense, |
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limitation of liability, or procedure available under any other law |
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or contract. |
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SECTION 2. Section 174.002, Health and Safety Code, as |
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added by this Act, applies only to a suspected offense that was |
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committed, is believed to have been committed, or was discovered on |
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or after the 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, 2025. |