By:  Shelley                                           S.B. No. 386
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the liability of persons providing emergency care.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 74.001, Civil Practice and Remedies Code,
    1-4  is amended to read as follows:
    1-5        Sec. 74.001.  LIABILITY FOR EMERGENCY CARE.  (a)  A person
    1-6  who in good faith administers emergency care at the scene of an
    1-7  emergency but not <or> in a hospital or other health care facility
    1-8  or means of medical transport is not liable in civil damages for an
    1-9  act performed during the emergency unless the act is wilfully or
   1-10  wantonly negligent.
   1-11        (b)  This section does not apply to care administered:
   1-12              (1)  for or in expectation of remuneration; or
   1-13              (2)  by a person who was at the scene of the emergency
   1-14  because he or a person he represents as an agent was soliciting
   1-15  business or seeking to perform a service for remuneration<;>
   1-16              <(3)  by a person who regularly administers care in a
   1-17  hospital emergency room; or>
   1-18              <(4)  by an admitting physician or a treating physician
   1-19  associated by the admitting physician of the patient bringing a
   1-20  health care liability claim>.
   1-21        (c)  If the scene of an emergency is in a hospital or other
   1-22  health care facility or means of medical transport, a person who in
   1-23  good faith administers emergency care is not liable in civil
    2-1  damages for an act performed during the emergency unless the act is
    2-2  wilfully or wantonly negligent, provided that this subsection does
    2-3  not apply to care administered:
    2-4              (1)  by a person who regularly administers care in a
    2-5  hospital emergency room unless such person is at the scene of the
    2-6  emergency for reasons wholly unrelated to the person's work in
    2-7  administering health care; or
    2-8              (2)  by an admitting or attending physician of the
    2-9  patient or a treating physician associated by the admitting or
   2-10  attending physician of the patient in question.
   2-11        (d)  For purposes of Subsections (b)(1) and (c)(1), a person
   2-12  who would ordinarily receive or be entitled to receive a salary,
   2-13  fee, or other remuneration for administering care under such
   2-14  circumstances to the patient in question shall be deemed to be
   2-15  acting for or in expectation of remuneration even if the person
   2-16  waives or elects not to charge or receive remuneration on the
   2-17  occasion in question.
   2-18        (e)  This section does not apply to a person whose negligent
   2-19  act or omission was a producing cause of the emergency for which
   2-20  care is being administered.
   2-21        SECTION 2.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.