Texas Health and Safety Code
§ 166.0445 — LIMITATION ON LIABILITY FOR PERFORMING CERTAIN MEDICAL PROCEDURES
HS § 166.0445Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 166. ADVANCE DIRECTIVES · Art. B. DIRECTIVE TO PHYSICIANS
Statute text
View on source(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.
Legislative history
Added by Acts 2023, 88th Leg., R.S., Ch. 915 (H.B. 3162), Sec. 1, eff. September 1, 2023.