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AN ACT
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relating to the liability of a volunteer health care practitioner |
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who conducts a physical examination or medical screening of a |
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student athlete. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 91.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 91.002. HEALTH CARE PRACTITIONER LIABILITY. Subject |
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to Section 91.003, a health care practitioner who, without |
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compensation or expectation of compensation, conducts a physical |
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examination or medical screening of a patient for the purpose of |
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determining the physical health and fitness of the patient |
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[certifying the patient's eligibility] to participate in a |
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school-sponsored extracurricular or sporting activity is immune |
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from civil liability for any act or omission resulting in the death |
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of or injury to the patient if: |
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(1) the health care practitioner was acting in good |
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faith and in the course and scope of the health care practitioner's |
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duties; |
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(2) the health care practitioner commits the act or |
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omission in the course of conducting the physical examination or |
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medical screening of the patient; |
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(3) the services provided to the patient are within |
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the scope of the license of the health care practitioner; and |
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(4) before the health care practitioner conducts the |
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physical examination or medical screening, the patient or, if the |
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patient is a minor or is otherwise legally incompetent, the |
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patient's parent, managing conservator, legal guardian, or other |
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person with legal responsibility for the care of the patient signs a |
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written statement that acknowledges: |
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(A) that the health care practitioner is |
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conducting a physical examination or medical screening that is not |
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administered for or in expectation of compensation; and |
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(B) the limitations on the recovery of damages |
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from the health care practitioner in connection with the physical |
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examination or medical screening being performed. |
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SECTION 2. Section 91.002, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to the death of or injury |
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to a patient that occurs on or after the effective date of this Act. |
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The death of or injury to a patient that occurs before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1545 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1545 passed the House on |
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May 25, 2011, by the following vote: Yeas 147, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |