Bill > SB754

This bill establishes comprehensive informed consent requirements for health care services in Texas, creating new legal protections to ensure individuals can freely choose whether to receive medical treatments. The legislation defines health care services broadly, including vaccine administration, and prohibits any coercion or compulsion in obtaining medical services. Health care practitioners must obtain explicit informed consent before providing services, with specific provisions allowing consent through guardians, parents, medical power of attorney agents, or other legally authorized representatives. The bill prevents adverse actions against individuals who refuse health care services and provides exemptions for individuals in health care facilities based on religious beliefs or medical conditions. Health care practitioners who violate these provisions can be held civilly liable for at least $5,000 in damages, and the state's attorney general can seek injunctive relief to prevent violations. The law emphasizes individual autonomy in medical decision-making, drawing on legal precedents like Canterbury v. Spence and guidance from the American Medical Association's Code of Medical Ethics, and it applies to all health care services provided on or after its effective date, which will be immediately if it receives a two-thirds vote in the Texas legislature, or September 1, 2025, if not.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB754