health care immunity leaves omissions protected

The text as introduced · 446 words

89R8282 MCF-F

By: Howard
H.B. No. 2190

A BILL TO BE ENTITLED

AN ACT

relating to immunity from criminal liability for certain health

care practitioners.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 174 to read as follows:

CHAPTER 174. IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTH CARE

PRACTITIONERS

Sec. 174.001. DEFINITIONS. In this chapter:

(1) "Health care practitioner" means an individual

who:

(A) provides a health care service at one of the

following facilities:

(i) a home and community support services

agency licensed or licensed and certified under Chapter 142;

(ii) a hospital licensed under Chapter 241

or a hospital maintained or operated by an agency of this state that

is exempt from licensing under that chapter;

(iii) a nursing facility licensed under

Chapter 242;

(iv) an ambulatory surgical center licensed

under Chapter 243;

(v) a freestanding emergency medical care

facility as defined by Section 254.001; or

(vi) a mental hospital licensed under

Chapter 577; or

(B) is licensed, certified, or registered as a:

(i) physician under Chapter 155,

Occupations Code;

(ii) physician assistant under Chapter 204,

Occupations Code;

(iii) surgical assistant under Chapter 206,

Occupations Code; or

(iv) nurse under Chapter 301, Occupations

Code.

(2) "Health care service" means a service within the

scope of a health care practitioner's practice provided to an

individual in this state. The term includes a diagnostic,

treatment, or rehabilitative service.

Sec. 174.002. IMMUNITY FROM CRIMINAL LIABILITY; EXCEPTION.

(a) Notwithstanding any other law and except as provided by

Subsection (b), a health care practitioner providing a health care

service is immune from criminal liability for any harm or damage

resulting from an act or omission relating to the provision of the

health care service.

(b) A health care practitioner is not immune from criminal

liability under Subsection (a) if harm or damage results from a

criminally negligent, reckless, knowing, or intentional act.

Sec. 174.003. CONSTRUCTION. This chapter may not be

construed to amend, repeal, or alter any other immunity, defense,

limitation of liability, or procedure available under any other law

or contract.

SECTION 2. Section 174.002, Health and Safety Code, as

added by this Act, applies only to a suspected offense that was

committed, is believed to have been committed, or was discovered 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, 2025.