KJG S.B. 1105 75(R)BILL ANALYSIS


CIVIL PRACTICES
S.B. 1105
By: Duncan (Averitt)
5-7-97
Committee Report (Unamended)


DIGEST 

Currently, Texas law provides only limited protections from liability to
volunteer health care professionals who provide free medical services.
Increased protections may be needed to ensure continued access to
volunteer health care, especially for low-income and uninsured Texans.
This bill would provide civil immunity from liability to volunteer health
care providers who provide health care services free of charge.  

PURPOSE

As proposed, S.B. 1105 provides for civil immunity from liability to
volunteer health care providers who provide health care services free of
charge. 

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 Section 84.003(2), Civil Practice and Remedies Code, to
redefine "volunteer" to include certain individuals who voluntarily
provide health care services without compensation or any expectation of
compensation, and who are either licensed to practice medicine under the
Medical Practice Act,  are an eligible retired physician, or are an
eligible practicing or retired physician assistant, registered nurse,
licensed vocational nurse, pharmacist, podiatrist, or dentist, or a
retired physician assistant  

SECTION 2. Amends Section 84.004(b), Civil Practice and Remedies Code, to
provide that a volunteer who is serving as a direct service volunteer of a
charitable organization is immune from civil liability for any act or
omission resulting in death, damage, or injury if the volunteer was acting
in good faith and in the course and scope of his duties or functions
within the organization, and, in the case of a volunteer, as provided in
Section 84.003(2)(A)-(D), who is rendering health care services:  the
volunteer commits an act or omission in the course of providing health
care services to the patient; the services provided are within the scope
of the license of the volunteer; and the patient, or if the patient is a
minor or is otherwise legally incompetent, the patient's parent, managing
conservator, legal guardian, or other person with legal responsibility for
the care of the patient, signs a written statement that acknowledges that
the volunteer is providing care that is not administered for or in
expectation of compensation, and waives the right to recover damages from
the volunteer in exchange for receiving the uncompensated services.    

SECTION 3. Effective date: September 1, 1997.  Applies prospectively.
Savings clause. 

SECTION 4. Emergency clause.