Author Topic: Medical facility penalties  (Read 1443 times)

kmedcalf

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Medical facility penalties
« on: November 25, 2016, 11:04:44 AM »
I have some questions regarding Section 46.035 of the Texas Penal Code.

Under 46.035(b)(4), if a hospital is posted, then entry by a license holder with a firearm is a Class A misdemeanor. Section 241 of the Health and Safety code defines hospital:

   
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(7) "Hospital" includes a general hospital and a special hospital.
         General hospital is defined as:
   
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(5) "General hospital" means an establishment that:
        (A) offers services, facilities, and beds for use for more than 24 hours for two or more unrelated individuals requiring diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy; and
        (B) regularly maintains, at a minimum, clinical laboratory services, diagnostic X-ray services, treatment facilities including surgery or obstetrical care or both, and other definitive medical or surgical treatment of similar extent.
         and Special Hospital is defined as
   
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(15) "Special hospital" means an establishment that:
        (A) offers services, facilities, and beds for use for more than 24 hours for two or more unrelated individuals who are regularly admitted, treated, and discharged and who require services more intensive than room, board, personal services, and general nursing care;
        (B) has clinical laboratory facilities, diagnostic Xray facilities, treatment facilities, or other definitive medical treatment;
        (C) has a medical staff in regular attendance; and
        (D) maintains records of the clinical work performed for each patient.

Given these definitions, it would seem that an Urgent Care Facility, Stand-alone Emergency Center, Doctor's office, etc. that is posted would not fall under 46.035(b)(4), and therefore would constitute only a Class C misdemeanor with a maximum $200 fine.

First question would be:
Is my analysis above correct and would TLS provide legal assistance if a member was charged with a Class A misdemeanor in those other facilities?

Along the same lines, in several "hospitals" in the Houston area (e.g. Methodist Hospital, Memorial Hermann, etc), the hospital as defined in HSC Section 241, is located in a building (or one building in a complex) that also houses doctor's offices, labs, etc.

Second question:
Would those sections of the building/complex that do not actually house the hospital be subject to the Class A or Class C penalty? In other words, is this most likely considered much like a courthouse that also houses non-court related offices?

Thanks for your feedback on this.

TexasLawShield

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Re: Medical facility penalties
« Reply #1 on: November 30, 2016, 03:21:39 PM »
kmedcalf,

Your analysis is correct that a medical facility that is not a Hospital licensed under Chapter 241 of the Health and Safety Code or a nursing home licensed under Chapter 242  of the Health and Safety Code would not carry the same heightened penalty laid out in TPC 46.035, but rather a class C misdemeanor under TPC 30.06.

As to your second question, this would be a case of first impression and the courts would ultimately decide the outcome. We do not have any existing cases that provide a clear answer to this situation.

Jake-KC

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Re: Medical facility penalties
« Reply #2 on: May 23, 2017, 05:27:23 AM »
Laws in Kansas and Missouri

I have been trying to find information on visiting hospitals both in Kansas City however the city is divided down State Line Road with Kansas to the West and Missouri to the East.

I am finding inconsistencies because KU Med (Kansas University Medical Center - Kansas side) was trying to get to changed where you COULD NOT carry to visit a sick love one causing me to secure my Glock in my vehicle in a rather bad neighborhood. However, the cost of securing this teaching hospital and putting up metal detectors was the last information I could find.

I guess a quick answer (and that is fine with me) would be may I carry with my CCW permit into KU Med (Kansas) AND St. Joseph Medical Center just over the State Line in Missouri.

Neither of the facilities have any detectors at the moment however they have the correct signage (as far as I can tell.)

Thanks in advance for your assistance. We have a sick daughter and travel to both hospitals on a regular basis.

TexasLawShield

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Re: Medical facility penalties
« Reply #3 on: June 05, 2017, 04:47:56 PM »
Jake-KC,

In this situation, we would recommend calling in to speak with your state’s independent program attorney so they may provide you with the details regarding carrying in your two specific hospitals.