1-1 By: Shelley S.B. No. 386
1-2 (In the Senate - Filed February 18, 1993; February 18, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 30, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 30, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 386 By: Brown
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the liability of persons providing emergency care.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 74.001, Civil Practice and Remedies Code,
1-22 is amended to read as follows:
1-23 Sec. 74.001. LIABILITY FOR EMERGENCY CARE. (a) A person
1-24 who in good faith administers emergency care at the scene of an
1-25 emergency but not <or> in a hospital or other health care facility
1-26 or means of medical transport is not liable in civil damages for an
1-27 act performed during the emergency unless the act is wilfully or
1-28 wantonly negligent.
1-29 (b) This section does not apply to care administered:
1-30 (1) for or in expectation of remuneration; or
1-31 (2) by a person who was at the scene of the emergency
1-32 because he or a person he represents as an agent was soliciting
1-33 business or seeking to perform a service for remuneration<;>
1-34 <(3) by a person who regularly administers care in a
1-35 hospital emergency room; or>
1-36 <(4) by an admitting physician or a treating physician
1-37 associated by the admitting physician of the patient bringing a
1-38 health care liability claim>.
1-39 (c) If the scene of an emergency is in a hospital or other
1-40 health care facility or means of medical transport, a person who in
1-41 good faith administers emergency care is not liable in civil
1-42 damages for an act performed during the emergency unless the act is
1-43 wilfully or wantonly negligent, provided that this subsection does
1-44 not apply to care administered:
1-45 (1) by a person who regularly administers care in a
1-46 hospital emergency room unless such person is at the scene of the
1-47 emergency for reasons wholly unrelated to the person's work in
1-48 administering health care; or
1-49 (2) by an admitting or attending physician of the
1-50 patient or a treating physician associated by the admitting or
1-51 attending physician of the patient in question.
1-52 (d) For purposes of Subsections (b)(1) and (c)(1), a person
1-53 who would ordinarily receive or be entitled to receive a salary,
1-54 fee, or other remuneration for administering care under such
1-55 circumstances to the patient in question shall be deemed to be
1-56 acting for or in expectation of remuneration even if the person
1-57 waives or elects not to charge or receive remuneration on the
1-58 occasion in question.
1-59 (e) This section does not apply to a person whose negligent
1-60 act or omission was a producing cause of the emergency for which
1-61 care is being administered.
1-62 SECTION 2. The importance of this legislation and the
1-63 crowded condition of the calendars in both houses create an
1-64 emergency and an imperative public necessity that the
1-65 constitutional rule requiring bills to be read on three several
1-66 days in each house be suspended, and this rule is hereby suspended.
1-67 * * * * *
1-68 Austin,
2-1 Texas
2-2 March 30, 1993
2-3 Hon. Bob Bullock
2-4 President of the Senate
2-5 Sir:
2-6 We, your Committee on Jurisprudence to which was referred S.B. No.
2-7 386, have had the same under consideration, and I am instructed to
2-8 report it back to the Senate with the recommendation that it do not
2-9 pass, but that the Committee Substitute adopted in lieu thereof do
2-10 pass and be printed.
2-11 Henderson,
2-12 Chairman
2-13 * * * * *
2-14 WITNESSES
2-15 No witnesses appeared on S.B. No. 386.