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