Tex. Health & Safety Code § 773.008

CONSENT FOR EMERGENCY CARE

Known as the Emergency Health Care Act

The act spans §§ 773–773 (116 sections).

Applied in 4 court decisions — leading case Miller Ex Rel. Miller v. HCA, INC. (2003)

Most recently applied in State v. Kelly (June 2005)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Consent for emergency care of an individual is not required if:

(1) the individual is:

(A) unable to communicate because of an injury, accident, or illness or is unconscious; and

(B) suffering from what reasonably appears to be a life-threatening injury or illness;

(2) a court of record orders the treatment of an individual who is in an imminent emergency to prevent the individual's serious bodily injury or loss of life; or

(3) the individual is a minor who is suffering from what reasonably appears to be a life-threatening injury or illness and whose parents, managing or possessory conservator, or guardian is not present.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.