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.