SB121 - Relating to the right to choose medical treatments and certain control measures and to the imposition of isolation or quarantine control measures.

  89R2543 LRM-F     By: Hall S.B. No. 121       A BILL TO BE ENTITLED   AN ACT   relating to the right to choose medical treatments and certain   control measures and to the imposition of isolation or quarantine   control measures.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 81.009, Health and Safety   Code, is amended to read as follows:          Sec. 81.009.  EXEMPTION FROM MEDICAL TREATMENT ; RIGHT TO   CHOOSE MEDICAL TREATMENTS AND CONTROL MEASURES .          SECTION 2.  Section 81.009, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (c) to   read as follows:          (a)  This chapter does not authorize or require the medical   treatment of an individual who chooses treatment by prayer or   spiritual means [ as part of the tenets and practices of a recognized   church of which the individual is an adherent or member ].   Notwithstanding this subsection, an  [ However, the ] individual may   be isolated or quarantined from the public [ in an appropriate   facility ] and must  [ shall ] obey the department's or a health   authority's  rules, orders, and instructions [ of the department or   health authority ] while in isolation or quarantine.           (c)     Notwithstanding other law, an individual, or the   parent, legal guardian, or managing conservator of an individual   who is a minor, retains the right to:                 (1)     choose and make decisions regarding the medical   treatment provided to the individual; and                 (2)     choose to implement an alternate control measure   authorized under this chapter, unless the control measure imposed   is for isolation or quarantine.          SECTION 3.  Subchapter E, Chapter 81, Health and Safety   Code, is amended by adding Section 81.0825 to read as follows:           Sec.   81.0825.     REQUIREMENTS TO IMPLEMENT ISOLATION OR   QUARANTINE CONTROL MEASURES FOR INDIVIDUAL OR GROUP. (a) Before   ordering an individual or a group of individuals to implement   control measures under Section 81.083 or 81.085 that involve   isolation or quarantine, the department or a health authority must:                 (1)     provide notice of the control measures to the   individual or group of individuals; and                 (2)     provide to the individual or group of individuals   an opportunity to demonstrate that implementing the control   measures is unnecessary.           (b)     The department or a health authority may not order an   individual or a group of individuals to implement control measures   described by Subsection (a) for a period that exceeds five days   unless the department or health authority obtains from a district   court of the county in which the individual or group of individuals   resides, is located, or is receiving court-ordered health services   a court order authorizing the department or health authority to   order the individual or group of individuals to implement the   control measures.           (c)     In ordering an individual or group of individuals to   implement control measures described by Subsection (a), the   department or a health authority to the greatest extent possible   must:                 (1)  use the least restrictive means available;                 (2)     allow an individual to isolate or quarantine with   other individuals subject to the same court order described by this   section;                 (3)     if the individual subject to the control measure   is a minor, allow the individual to isolate or quarantine with the   individual's parent, legal guardian, or managing conservator; and                 (4)     allow an individual to isolate or quarantine in   the individual's home or with another family member or a friend.          SECTION 4.  Sections 81.083(b) and (k), Health and Safety   Code, are amended to read as follows:          (b)  If the department or a health authority has reasonable   cause to believe that an individual is ill with, has been exposed   to, or is the carrier of a communicable disease, the department or   health authority may , subject to Section 81.0825, order the   individual, or the individual's parent, legal guardian, or managing   conservator if the individual is a minor, to implement control   measures that are reasonable and necessary to prevent the   introduction, transmission, and spread of the disease in this   state.          (k)  If the department or a health authority has reasonable   cause to believe that a group of five or more individuals has been   exposed to or infected with a communicable disease, the department   or health authority may , subject to Section 81.0825, order the   members of the group to implement control measures that are   reasonable and necessary to prevent the introduction,   transmission, and spread of the disease in this state.  If the   department or health authority adopts control measures under this   subsection, each member of the group is subject to the requirements   of this section.          SECTION 5.  Sections 81.085(a) and (c), Health and Safety   Code, are amended to read as follows:          (a)  If an outbreak of communicable disease occurs in this   state, the commissioner or one or more health authorities may ,   subject to Section 81.0825, impose an area quarantine coextensive   with the area affected. The commissioner may impose an area   quarantine, if the commissioner has reasonable cause to believe   that individuals or property in the area may be infected or   contaminated with a communicable disease, for the period necessary   to determine whether an outbreak of communicable disease has   occurred. A health authority may impose the quarantine only within   the boundaries of the health authority's jurisdiction.          (c)  The department may , subject to Section 81.0825, impose   additional disease control measures in a quarantine area that the   department considers necessary and most appropriate to arrest,   control, and eradicate the threat to the public health. Absent   preemptive action by the department under this chapter or by the   governor under Chapter 418, Government Code (Texas Disaster Act of   1975), a health authority may impose in a quarantine area under the   authority's jurisdiction additional disease control measures that   the health authority considers necessary and most appropriate to   arrest, control, and eradicate the threat to the public health.          SECTION 6.  Section 81.009(b), Health and Safety Code, is   repealed.          SECTION 7.  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.