Bill Text: TX SB1392 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority to limit or prohibit medical procedures during a declared state of disaster.
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Introduced - Dead) 2021-03-18 - Referred to State Affairs [SB1392 Detail]
Download: Texas-2021-SB1392-Introduced.html
| 2021S0132-T 03/02/21 | ||
| By: Perry, et al. | S.B. No. 1392 | |
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| relating to the authority to limit or prohibit medical procedures | ||
| during a declared state of disaster. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 418, Government Code, is | ||
| amended by adding Section 418.0125 to read as follows: | ||
| Sec. 418.0125. LIMITATIONS ON MEDICAL PROCEDURES. (a) In | ||
| this section, "nonelective procedure" means a medical procedure, | ||
| including surgery, physical exam, diagnostic test, the performing | ||
| of lab tests, obtaining specimens to perform laboratory tests, and | ||
| screening, that if not performed within a reasonable time may, as | ||
| determined by a patient's physician in good faith, result in: | ||
| (1) the patient's loss of life; or | ||
| (2) deterioration, complications, or progression of | ||
| the patient's current or potential medical condition or disorder, | ||
| including physical condition or mental disorder. | ||
| (b) The governor during a declared state of disaster may not | ||
| issue an executive order, proclamation, or regulation that limits | ||
| or prohibits a nonelective procedure. | ||
| (c) The governor during a declared state of disaster may | ||
| issue an executive order, proclamation, or regulation imposing a | ||
| temporary limitation or prohibition on a medical procedure other | ||
| than a nonelective procedure only if the limitation or prohibition | ||
| is reasonably necessary to conserve resources for nonelective | ||
| procedures or resources needed for disaster response. An executive | ||
| order, proclamation, or regulation issued under this subsection may | ||
| not continue for more than 15 days unless renewed by the governor. | ||
| (d) A person subject to an order, proclamation, or | ||
| regulation under this section who in good faith takes or fails to | ||
| take any action in accordance with that order, proclamation, or | ||
| regulation is immune from civil or criminal liability or | ||
| disciplinary action resulting from that act or failure to act. | ||
| (e) The immunity provided by Subsection (d) is in addition | ||
| to any other immunity or limitations of liability provided by law. | ||
| (f) Notwithstanding any other law, this section does not | ||
| create a civil, criminal, or administrative cause of action or | ||
| liability or create a standard of care, obligation, or duty that | ||
| provides the basis for a cause of action for an act or omission | ||
| under this section. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| an order, proclamation, or regulation issued on or after the | ||
| effective date of this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
