By: Harris, Jack H.B. No. 592
73R921 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability for damages arising from emergency care.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 74, Civil Practice and Remedies Code, is
1-5 amended to read as follows:
1-6 CHAPTER 74. GOOD SAMARITAN LAW: LIABILITY
1-7 FOR EMERGENCY CARE
1-8 Sec. 74.001. LIABILITY FOR EMERGENCY CARE. (a) A person
1-9 who in good faith administers emergency care at the scene of an
1-10 emergency, while transporting an injured or ill person to a medical
1-11 facility, or in a hospital is not liable in civil damages for an
1-12 act performed during the emergency unless the act is wilfully or
1-13 wantonly negligent.
1-14 (b) This section does not apply to care administered:
1-15 (1) for or in expectation of remuneration;
1-16 (2) by a person who was at the scene of the emergency
1-17 because he or a person he represents as an agent was soliciting
1-18 business or seeking to perform a service for remuneration;
1-19 (3) by a person who regularly administers care in a
1-20 hospital emergency room; or
1-21 (4) by an admitting physician or a treating physician
1-22 associated by the admitting physician of the patient bringing a
1-23 health-care liability claim.
1-24 Sec. 74.002. EMERGENCY <UNLICENSED> MEDICAL SERVICES
2-1 PERSONNEL. (a) Emergency <Persons not licensed in the healing
2-2 arts who in good faith administer emergency care as emergency>
2-3 medical services <service> personnel are not liable in civil
2-4 damages for an act performed in good faith in administering
2-5 emergency medical services <the care> unless the act is wilfully or
2-6 wantonly negligent.
2-7 (b) This section applies to assistance provided by telephone
2-8 or other communications device.
2-9 (c) Except as provided by Subsection (d), this <This>
2-10 section applies without regard to whether the care is provided for
2-11 or in expectation of remuneration.
2-12 (d) This section applies to an act that is a violation of a
2-13 rule relating to the delivery of emergency medical services adopted
2-14 by the Texas Board of Health, Texas Department of Health, or any
2-15 other agency of this state only if the act was not rendered for or
2-16 in expectation of remuneration.
2-17 (e) In this section, "emergency medical services" and
2-18 "emergency medical services personnel" have the meanings assigned
2-19 by Section 773.003, Health and Safety Code.
2-20 Sec. 74.003. PHYSICIAN DIRECTING CARE FROM REMOTE LOCATION.
2-21 (a) A physician who directs by telephone or other communications
2-22 device the administration of emergency care delivered at the scene
2-23 of an emergency or while transporting an injured or ill person to
2-24 or from any medical facility is not liable in civil damages for an
2-25 act performed during the emergency unless the act is the result of
2-26 the physician's wilful or wanton negligence.
2-27 (b) For purposes of this section, "physician" means a person
3-1 who is licensed to practice medicine under the Medical Practice Act
3-2 (Article 4495b, Vernon's Texas Civil Statutes).
3-3 Sec. 74.004. EMERGENCY LIFE-SUSTAINING PROCEDURES. (a)
3-4 Except as provided by Subsection (b), a person who has attended and
3-5 successfully completed a course approved by the Texas Department of
3-6 Health for an emergency life-sustaining procedure is not liable in
3-7 civil damages for an injury resulting from administration of the
3-8 procedure at the scene of an emergency or while transporting an
3-9 injured or ill person to or from any medical facility.
3-10 (b) This section does not apply to a procedure administered
3-11 for or in expectation of remuneration. For purposes of this
3-12 subsection, a peace officer or fire fighter does not administer an
3-13 emergency life-sustaining procedure for or in expectation of
3-14 remuneration solely because of the salary received by the peace
3-15 officer or fire fighter.
3-16 Sec. 74.005. EMERGENCY OBSTETRICAL SERVICES. (a) A person
3-17 who in good faith administers emergency obstetrical care to a woman
3-18 in labor is not liable in civil damages for an injury resulting
3-19 from administration of the care unless:
3-20 (1) the administration of the care was wilfully or
3-21 wantonly negligent; or
3-22 (2) the person is licensed to provide health care
3-23 services in this state; and
3-24 (A) has cared for the woman in connection with
3-25 the pregnancy;
3-26 (B) is professionally associated with a person
3-27 who has cared for the woman in connection with the pregnancy; or
4-1 (C) has reasonable access to the medical records
4-2 of the woman.
4-3 (b) This section applies without regard to whether the care
4-4 is provided for or in expectation of remuneration.
4-5 SECTION 2. This Act applies only to a cause of action that
4-6 accrues on or after the effective date of this Act. An action that
4-7 accrues before the effective date of this Act is governed by the
4-8 law in effect at the time the action accrues, and that law is
4-9 continued in effect for that purpose.
4-10 SECTION 3. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended,
4-15 and that this Act take effect and be in force from and after its
4-16 passage, and it is so enacted.