Tex. Occ. Code § 165.1535 · Subchapter D. CRIMINAL PENALTIES
PERFORMING SURGERY WHILE INTOXICATED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 565, Sec. 1, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.165.htm
- Text hash
- sha256 e18da3607ae147b06fcc86ceb7269e3917a62049463990a51d98dc5563417b05
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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