SRC-JFA C.S.S.B. 1105 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1105
By: Duncan
Economic Development
4-16-97
Committee Report (Substituted)


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, C.S.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."

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 commission 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.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amend 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.  Omits 
legislative findings regarding the 
need to encourage health care providers to contribute their 
services on a voluntary basis by 
reducing their exposure to civil liability.  

SECTION 2. 

Amends Section 84.004(b), Civil Practice and Remedies Code, 
to provide civil immunity to 
a volunteer as defined in Section 84.003(2), Civil Practice 
and Remedies Code.  Omits 
proposed amendments to Title 4, Civil Practice and Remedies 
Code, which added Chapter 
88 to set forth the limited liability of volunteer health