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H.B. No. 2680
AN ACT
relating to services provided by health care practitioners to
charities and liability insurance for those practitioners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 112 to read as follows:
CHAPTER 112. GENERAL LICENSING REQUIREMENTS APPLICABLE
TO MULTIPLE HEALTH CARE PRACTITIONERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 112.001. DEFINITIONS. In this chapter:
(1) "Health care practitioner" means an individual
issued a license, certificate, registration, title, permit, or
other authorization to engage in a health care profession.
(2) "Licensing entity" means a department,
commission, board, office, authority, or other agency of the state
that regulates activities and persons under this title.
Sec. 112.002. APPLICABILITY. This chapter applies only to
licensing entities and health care practitioners under Chapters
401, 453, and 454 and Subtitles B, C, D, E, F, and K.
[Sections 112.003-112.050 reserved for expansion]
SUBCHAPTER B. SERVICES PROVIDED TO CHARITIES
Sec. 112.051. REDUCED LICENSE REQUIREMENTS FOR RETIRED
HEALTH CARE PRACTITIONERS PERFORMING CHARITY WORK. (a) Each
licensing entity shall adopt rules providing for reduced fees and
continuing education requirements for a retired health care
practitioner whose only practice is voluntary charity care.
(b) The licensing entity by rule shall define voluntary
charity care.
SECTION 2. Article 21.49-3, Insurance Code, is amended by
adding Section 3C to read as follows:
Sec. 3C. COVERAGE FOR VOLUNTEER HEALTH CARE PROVIDERS. (a)
In this section:
(1) "Charitable organization" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(2) "Volunteer health care provider" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(b) The association shall make available medical liability
insurance or appropriate health care liability insurance covering a
volunteer health care provider for the legal liability of the
person against any loss, damage, or expense incident to a claim
arising out of the death or injury of any person as the result of
negligence in rendering or the failure to render professional
service while acting in the course and scope of the person's duties
as a volunteer health care provider as described by Chapter 84,
Civil Practice and Remedies Code.
(c) A volunteer health care provider who is serving as a
direct service volunteer of a charitable organization is eligible
to obtain from the association the liability insurance made
available under this section. A volunteer health care provider who
obtains coverage under this section is subject to Section 4A of this
article and the other provisions of this article in the same manner
as physicians who are eligible to obtain medical liability
insurance from the association.
(d) This section does not affect the liability of a
volunteer health care provider who is serving as a direct service
volunteer of a charitable organization. Section 84.004(c), Civil
Practice and Remedies Code, applies to the volunteer health care
provider without regard to whether the volunteer health care
provider obtains liability insurance under this section.
SECTION 3. Subsection (a), Article 21.49-4, Insurance Code,
is amended by adding Subdivisions (4) and (5) to read as follows:
(4) "Charitable organization" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
(5) "Volunteer health care provider" has the meaning
assigned by Section 84.003, Civil Practice and Remedies Code.
SECTION 4. Article 21.49-4, Insurance Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The trust, in accordance with Subsection (c) of this
article, may make available professional liability insurance
covering a volunteer health care provider for an act or omission
resulting in death, damage, or injury to a patient while the person
is acting in the course and scope of the person's duties as a
volunteer health care provider as described by Chapter 84, Civil
Practice and Remedies Code. This subsection does not affect the
liability of a volunteer health care provider who is serving as a
direct service volunteer of a charitable organization. Section
84.004(c), Civil Practice and Remedies Code, applies to the
volunteer health care provider without regard to whether the
volunteer health care provider obtains liability insurance under
this subsection. The trust may make professional liability
insurance available under this subsection to a volunteer health
care provider without regard to whether the volunteer health care
provider is a physician or dentist.
SECTION 5. The joint underwriting association established
under Article 21.49-3, Insurance Code, is not required to make
liability insurance available in accordance with Section 3C,
Article 21.49-3, Insurance Code, as added by this Act, before the
181st day after the effective date of this Act.
SECTION 6. This Act applies only to a professional
liability insurance policy that is delivered, issued for delivery,
or renewed on or after the 181st day after the effective date of
this Act. A policy delivered, issued for delivery, or renewed
before the 181st day after the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2680 was passed by the House on April
28, 2005, by the following vote: Yeas 137, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2680 on May 26, 2005, by the following vote: Yeas 140, Nays 0,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2680 was passed by the Senate, with
amendments, on May 23, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor