Texas § HS.166.0445 - LIMITATION ON LIABILITY FOR PERFORMING CERTAIN MEDICAL PROCEDURES

§ HS.166.0445. LIMITATION ON LIABILITY FOR PERFORMING CERTAIN MEDICAL PROCEDURES

LIMITATION ON LIABILITY FOR PERFORMING CERTAIN MEDICAL PROCEDURES. (a) A physician or a health care professional acting under the direction of a physician is not subject to civil liability for participating in a medical procedure performed under Section 166.046 (d-2). (b) A physician or a health care professional acting under the direction of a physician is not subject to criminal liability for participating in a medical procedure performed under Section 166.046 (d-2) unless: (1) the physician or health care professional in participating in the medical procedure acted with a specific malicious intent to cause the death of the patient and that conduct significantly hastened the patient's death; and (2) the hastening of the patient's death is not attributable to the risks associated with the medical procedure. (c) A physician or a health care professional acting under the direction of a physician has not engaged in unprofessional conduct by participating in a medical procedure performed under Section 166.046 (d-2) unless the physician or health care professional in participating in the medical procedure acted with a specific malicious intent to harm the patient. Added by Acts 2023, 88th Leg., R.S., Ch. 915 (H.B. 3162 ), Sec. 1, eff. September 1, 2023.