ZEM C.S.H.B. 21 75(R)BILL ANALYSIS CIVIL PRACTICES C.S.H.B. 21 By: Corte 4-23-97 Committee Report (Substituted) BACKGROUND 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 much needed medical supplies to those in need can be subjected to lawsuits. PURPOSE To protect persons that donate drugs and medical devices to nonprofit health care organizations from certain civil liability arising from the use of donated drugs and medical devices. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by adding Chapter 88 as follows: Sec. 88.001. Defines "device","donate", "drug", and "nonprofit health care organization". Sec. 88.002. Provides that an authorized person is not liable for personal injury, property damage, or death resulting from a condition of a drug or device donated to an authorized nonprofit health care organization in good faith. Sec. 88.003 Provides that the protection from liability does not apply to a person who donates a drug or device knowing that use is harmful, with actual conscious indifference to the health or well-being of another person, or in violation of state or federal law, or knowing that a drug is contaminated. Provides that the chapter does not apply unless the organization has liability insurance that satisfies the requirements of Sec. 84.007(g). SECTION 2. Effective date: September 1, 1997. Applies prospectively; savings clause. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute makes the following changes: 1. Provides a new definition of "device" for the chapter in Sec. 88.001 of the substitute, instead of using the definition from Sec. 431.002, Health and Safety Code as it was defined in the bill as filed. 2. Clarifies in Sec. 88.002 of the substitute that the immunity from liability applies only to persons and organizations that are authorized to possess a drug or device. 3. Provides in Sec. 88.003 of the substitute that the chapter also does not apply to to a person who donates a drug or device in violation of state or federal law, donates a drug knowing it to be contaminated, or to a nonprofit health care organization that does not meet the insurance requirements set out in the Charitable Immunity and Liability Act, Sec. 84.007(g), Civil Practice and Remedies Code.