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Emergency Law Inventory | Full Law Text

Law Number

Tex. Health & Safety Code 671.002

Summary Title

Liability: Determination of Death

Summary

A physician, registered nurse, or physician assistant who pronounces a person dead by determining the cessation of lung, heart, or brain function will not be held legally responsible for subsequent actions taken based on the determination of death. An individual who, in good faith, acts in reliance on the determination of death will not be held legally responsible.

Full Title

Limitation of Liability

Full Text

(a) A physician who determines death in accordance with Section 671.001(b) or a registered nurse or physician assistant who determines death in accordance with Section 671.001(d) is not liable for civil damages or subject to criminal prosecution for the physician’s, registered nurse’s, or physician assistant’s actions or the actions of others based on the determination of death. (b) A person who acts in good faith in reliance on a physician’s, registered nurse’s, or physician assistant’s determination of death is not liable for civil damages or subject to criminal prosecution for the person’s actions.