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.