|
|
|
|
AN ACT
|
|
relating to liability of certain physical therapists, physical |
|
therapist assistants, occupational therapists, and occupational |
|
therapy assistants who voluntarily provide health care services. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 84.003(5), Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
(5) "Volunteer health care provider" means an |
|
individual who voluntarily provides health care services without |
|
compensation or expectation of compensation and who is: |
|
(A) an individual who is licensed to practice |
|
medicine under Subtitle B, Title 3, Occupations Code; |
|
(B) a retired physician who is eligible to |
|
provide health care services, including a retired physician who is |
|
licensed but exempt from paying the required annual registration |
|
fee under Section 156.002, Occupations Code; |
|
(C) a physician assistant licensed under Chapter |
|
204, Occupations Code, or a retired physician assistant who is |
|
eligible to provide health care services under the law of this |
|
state; |
|
(D) a registered nurse, including an advanced |
|
nurse practitioner, or vocational nurse, licensed under Chapter |
|
301, Occupations Code, or a retired vocational nurse or registered |
|
nurse, including a retired advanced nurse practitioner, who is |
|
eligible to provide health care services under the law of this |
|
state; |
|
(E) a pharmacist licensed under Subtitle J, Title |
|
3, Occupations Code, or a retired pharmacist who is eligible to |
|
provide health care services under the law of this state; |
|
(F) a podiatrist licensed under Chapter 202, |
|
Occupations Code, or a retired podiatrist who is eligible to |
|
provide health care services under the law of this state; |
|
(G) a dentist licensed under Subtitle D, Title 3, |
|
Occupations Code, or a retired dentist who is eligible to provide |
|
health care services under the law of this state; |
|
(H) a dental hygienist licensed under Subtitle D, |
|
Title 3, Occupations Code, or a retired dental hygienist who is |
|
eligible to provide health care services under the law of this |
|
state; [or] |
|
(I) an optometrist or therapeutic optometrist |
|
licensed under Chapter 351, Occupations Code, or a retired |
|
optometrist or therapeutic optometrist who is eligible to provide |
|
health care services under the law of this state; |
|
(J) a physical therapist or physical therapist |
|
assistant licensed under Chapter 453, Occupations Code, or a |
|
retired physical therapist or physical therapist assistant who is |
|
eligible to provide health care services under the law of this |
|
state; or |
|
(K) an occupational therapist or occupational |
|
therapy assistant licensed under Chapter 454, Occupations Code, or |
|
a retired occupational therapist or occupational therapy assistant |
|
who is eligible to provide health care services under the law of |
|
this state. |
|
SECTION 2. This Act applies only to a cause of action that |
|
accrues on or after the effective date of this Act. An action that |
|
accrued before the effective date of this Act is governed by the law |
|
in effect when the action accrued, and the former law is continued |
|
in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2005 was passed by the House on April |
|
5, 2007, by the following vote: Yeas 138, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2005 was passed by the Senate on May |
|
8, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |