AN ACT
 1-1     relating to the liability of certain health care providers.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 84.003, Civil Practice and Remedies Code,
 1-4     is amended by amending Subdivision (2) and adding Subdivision (5)
 1-5     to read as follows:
 1-6                 (2)  "Volunteer" means a person rendering services for
 1-7     or on behalf of a charitable organization who does not receive
 1-8     compensation in excess of reimbursement for expenses incurred.  The
 1-9     [, and such] term includes a person serving as a director, officer,
1-10     trustee, or direct service volunteer, including a volunteer health
1-11     care provider.
1-12                 (5)  "Volunteer health care provider" means an
1-13     individual who voluntarily provides health care services without
1-14     compensation or expectation of compensation and who is:
1-15                       (A)  an individual who is licensed to practice
1-16     medicine under the Medical Practice Act (Article 4495b, Vernon's
1-17     Texas Civil Statutes);
1-18                       (B)  a retired physician who is eligible to
1-19     provide health care services, including a retired physician who is
1-20     licensed but exempt from paying the required annual registration
1-21     fee under Section 3.01(g), Medical Practice Act (Article 4495b,
1-22     Vernon's Texas Civil Statutes);
1-23                       (C)  a physician assistant licensed under the
1-24     Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas
 2-1     Civil Statutes) or a retired physician assistant who is eligible to
 2-2     provide health care services under the law of this state;
 2-3                       (D)  a registered nurse, including an advanced
 2-4     nurse practitioner, licensed under Chapter 7, Title 71, Revised
 2-5     Statutes, or a retired registered nurse, including a retired
 2-6     advanced nurse practitioner, who is eligible to provide health care
 2-7     services under the law of this state;
 2-8                       (E)  a licensed vocational nurse  licensed under
 2-9     Chapter 118, Acts of the 52nd Legislature, Regular Session, 1951
2-10     (Article 4528c, Vernon's Texas Civil Statutes), or a retired
2-11     licensed vocational nurse who is eligible to provide health care
2-12     services under the law of this state;
2-13                       (F)  a pharmacist licensed under the Texas
2-14     Pharmacy Act (Article 4542a-1,  Vernon's Texas Civil Statutes) or a
2-15     retired pharmacist who is eligible to provide health care services
2-16     under the law of this state;
2-17                       (G)  a podiatrist licensed under Chapter 11,
2-18     Title 71, Revised Statutes, or a retired podiatrist who is eligible
2-19     to provide health care services under the law of this state;
2-20                       (H)  a dentist licensed under the Dental Practice
2-21     Act (Chapter 9, Title 71, Revised Statutes) or a retired dentist
2-22     who is eligible to provide health care services under the law of
2-23     this state;
2-24                       (I)  a dental hygienist licensed under Chapter
2-25     475, Acts of the 52nd Legislature, Regular Session, 1951 (Article
2-26     4551e, Vernon's Texas Civil Statutes), or a retired dental
 3-1     hygienist who is eligible to provide health care services under the
 3-2     law of this state; or
 3-3                       (J)  an optometrist or therapeutic optometrist
 3-4     licensed under the Texas Optometry Act (Article 4552-1.01 et seq.,
 3-5     Vernon's Texas Civil Statutes) or a retired optometrist or
 3-6     therapeutic optometrist who is eligible to provide health care
 3-7     services under the law of this state.
 3-8           SECTION 2.  Section 84.004, Civil Practice and Remedies Code,
 3-9     is amended to read as follows:
3-10           Sec. 84.004.  VOLUNTEER LIABILITY.  (a)  Except as provided
3-11     by Subsection (d) [(c) of this section] and Section 84.007 [of this
3-12     Act], a volunteer who is serving as an officer, director, or
3-13     trustee of a charitable organization is immune from civil liability
3-14     for any act or omission resulting in death, damage, or injury if
3-15     the volunteer was acting in the course and scope of his duties or
3-16     functions as an officer, director, or trustee within the
3-17     organization.
3-18           (b)  Except as provided by Subsection (c) or (d) [of this
3-19     section] and Section 84.007 [of this Act], a volunteer who is
3-20     serving as a direct service volunteer of a charitable organization
3-21     is immune from civil liability for any act or omission resulting in
3-22     death, damage, or injury if the volunteer was acting in good faith
3-23     and in the course and scope of his duties or functions within the
3-24     organization.
3-25           (c)  Except as provided by Subsection (d) and Section 84.007,
3-26     a volunteer health care provider who is serving as a direct service
 4-1     volunteer of a charitable organization is immune from civil
 4-2     liability for any act or omission resulting in death, damage, or
 4-3     injury to a patient if:
 4-4                 (1)  the volunteer was acting in good faith and in the
 4-5     course and scope of the volunteer's duties or functions within the
 4-6     organization;
 4-7                 (2)  the volunteer commits the act or omission in the
 4-8     course of providing health care services to the patient;
 4-9                 (3)  the services provided are within the scope of the
4-10     license of the volunteer; and
4-11                 (4)  before the volunteer provides health care
4-12     services, the patient or, if the patient is a minor or is otherwise
4-13     legally incompetent, the patient's parent, managing conservator,
4-14     legal guardian, or other person with legal responsibility for the
4-15     care of the patient signs a written statement that acknowledges:
4-16                       (A)  that the volunteer is providing care that is
4-17     not administered for or in expectation of compensation; and
4-18                       (B)  the limitations on the recovery of damages
4-19     from the volunteer in exchange for receiving the health care
4-20     services.
4-21           (d)  A volunteer of a charitable organization is liable to a
4-22     person for death, damage, or injury to the person or his property
4-23     proximately caused by any act or omission arising from the
4-24     operation or use of any motor-driven equipment, including an
4-25     airplane, to the extent insurance coverage is required by Chapter
4-26     601, Transportation Code, and to the extent of any existing
 5-1     insurance coverage applicable to the act or omission.
 5-2           (e) [(d)]  The provisions of this section apply only to the
 5-3     liability of volunteers and do not apply to the liability of the
 5-4     organization for acts or omissions of volunteers.
 5-5           SECTION 3.  This Act takes effect September 1, 1999, and
 5-6     applies only to a cause of action that accrues on or after that
 5-7     date.  An action that accrued before the effective date of this Act
 5-8     is governed by the law as it existed immediately before the
 5-9     effective date of this Act, and that law is continued in effect for
5-10     that purpose.
5-11           SECTION 4.  The importance of this legislation and the
5-12     crowded condition of the calendars in both houses create an
5-13     emergency and an imperative public necessity that the
5-14     constitutional rule requiring bills to be read on three several
5-15     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 215 passed the Senate on
         April 30, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 215 passed the House on
         May 23, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor