SRC-SLL H.B. 21 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 21
By: Corte (Duncan)
Jurisprudence
5-17-97
Engrossed


DIGEST 

Current law does not provide civil protection for persons who donate drugs
and medical devices to certain nonprofit organizations.  As a result,
persons who provide medical supplies to those in need can be subjected to
lawsuits.  This bill will provide regulations regarding liability for the
donation of medical devices to certain nonprofit organizations.  

PURPOSE

As proposed, H.B. 21 provides regulations regarding liability for the
donation of medical devices to certain nonprofit organizations.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 88, as follows: 

CHAPTER 88.  DONATION OF MEDICAL DEVICES

Sec.  88.001.  DEFINITIONS.  Defines "device," "donate," and "nonprofit
health care organization." 

Sec.  88.002.  LIABILITY FOR DAMAGES FROM DONATED DEVICE.  Provides that a
person authorized to possess a device is not liable for personal injury,
property damage, or death resulting from the nature, age, packaging, or
condition of a device that the person donates in good faith to an entity
that is authorized to possess the device and that is a nonprofit health
care organization for use in providing free or reduced cost health care. 

Sec.  88.003.  EXCEPTIONS.  Provides that this chapter does not apply to
certain persons. Provides that this chapter does not apply to a nonprofit
health care organization unless the organization has liability insurance
in effect that satisfies the requirements of Section 84.007(g). 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.