Sec. 165.1535. PERFORMING SURGERY WHILE INTOXICATED. (a) In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code.
(b) A person commits an offense if the person is licensed or regulated under this subtitle, performs surgery on a patient while intoxicated, and, by reason of that conduct, places the patient at a substantial and unjustifiable risk of harm.
(c) An offense under this section is a state jail felony.
(d) It is an affirmative defense to prosecution under this section that the actor performed the surgery in an emergency. In this subsection, "emergency" means a condition or circumstance in which a reasonable person with education and training similar to that of the actor would assume that the person on whom the surgery was performed was in imminent danger of serious bodily injury or death.
Added by Acts 2003, 78th Leg., ch. 565, Sec. 1, eff. Sept. 1, 2003.
Structure Texas Statutes
Subchapter D. Criminal Penalties
Section 165.151. General Criminal Penalty
Section 165.152. Practicing Medicine in Violation of Subtitle
Section 165.153. Criminal Penalties for Additional Harm
Section 165.1535. Performing Surgery While Intoxicated
Section 165.154. Tampering With Governmental Record; Perjury Offenses
Section 165.155. Solicitation of Patients; Penalty
Section 165.156. Misrepresentation Regarding Entitlement to Practice Medicine
Section 165.157. Duty to Assist in Certain Prosecutions
Section 165.158. Unauthorized Release of Confidential Information