S.B. No. 386
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.