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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

SENATE BILL 215

SENATE AUTHOR: Duncan et al.

EFFECTIVE: 9-1-99

HOUSE SPONSOR: Averitt

            Senate Bill 215 amends the Charitable Immunity and Liability Act to expand liability protection to volunteer health care providers under certain conditions. The act defines a "volunteer health care provider" to include certain enumerated medical professionals eligible to provide health care services under Texas law. The act provides that such an individual serving as a direct service volunteer of a charitable organization is immune from civil liability for any act or omission resulting in death, damage, or injury to a patient if certain conditions are met.

            For immunity from liability to apply, the volunteer must have acted in good faith within the scope of the volunteer's organizational duties and must have committed the act or omission in the course of providing health care services within the scope of the volunteer's license. In addition, the patient or patient's legal guardian must have signed a written statement acknowledging that the volunteer will not be compensated for the services and that damages recoverable from the volunteer are limited in exchange for the health care services.