Sec. 462.007. LIMITATION OF LIABILITY. (a) A person who participates in the examination, certification, apprehension, custody, transportation, detention, commitment, treatment, or discharge of a proposed patient or in the performance of any act required or authorized by this chapter and who acts in good faith, reasonably, and without malice or negligence is not civilly or criminally liable for that action.
(b) A physician performing a medical examination or providing information to a court in a court proceeding under this chapter or providing information to a peace officer to demonstrate the necessity to apprehend a person under Section 462.041 is considered an officer of the court and is not civilly or criminally liable for the examination or testimony when acting without malice.
(c) A physician or inpatient mental health facility that discharges a voluntary patient is not liable for the discharge if:
(1) a written request for the patient's release was filed and not withdrawn; and
(2) the person who filed the written request for release is notified that the person assumes all responsibility for the patient on discharge.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 567, Sec. 11, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle B - Alcohol and Substance Abuse Programs
Chapter 462 - Treatment of Persons With Chemical Dependencies
Subchapter A. General Provisions
Section 462.002. Filing Requirements
Section 462.003. Inspection of Court Records
Section 462.004. Representation of State
Section 462.006. Writ of Habeas Corpus
Section 462.007. Limitation of Liability
Section 462.008. Criminal Penalty; Enforcement
Section 462.009. Consent to Treatment
Section 462.010. Consent to Treatment at Certain Facilities
Section 462.011. Consent to Medication
Section 462.012. Right to Refuse Medication
Section 462.013. Medication Information