Texas Civil Practice & Remedies Code - Section 137.005. Limitation On Liability
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 137.005. Limitation On Liability
§ 137.005. LIMITATION ON LIABILITY. (a) An attending
physician, health or residential care provider, or person acting
for or under an attending physician's or health or residential care
provider's control is not subject to criminal or civil liability
and has not engaged in professional misconduct for an act or
omission if the act or omission is done in good faith under the
terms of a declaration for mental health treatment.
(b) An attending physician, health or residential care
provider, or person acting for or under an attending physician's or
health or residential care provider's control does not engage in
professional misconduct for:
(1) failure to act in accordance with a declaration
for mental health treatment if the physician, provider, or other
person:
(A) was not provided with a copy of the
declaration; and
(B) had no knowledge of the declaration after a
good faith attempt to learn of the existence of a declaration; or
(2) acting in accordance with a directive for mental
health treatment after the directive has expired or has been
revoked if the physician, provider, or other person does not have
knowledge of the expiration or revocation.
Added by Acts 1997, 75th Leg., ch. 1318, § 1, eff. Sept. 1, 1997.
Section: 134.004 134.005 136.001 137.001 137.002 137.003 137.004 137.005 137.006 137.007 137.008 137.009 137.010 137.011 138.001
Last modified: August 11, 2007
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