By Roman H.B. No. 1933
75R7412 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain retired physicians who perform voluntary
1-3 charity care.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.09, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended by adding
1-7 Subsection (bb) to read as follows:
1-8 (bb) The board shall periodically provide information to
1-9 license holders concerning the exemption under Section 3.01(g) of
1-10 this Act from payment of the annual registration fee for retired
1-11 physicians who provide voluntary charitable care.
1-12 SECTION 2. Section 3.025(e), Medical Practice Act (Article
1-13 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-14 follows:
1-15 (e) Except as otherwise provided by this subsection,
1-16 Subsection (a) of this section does not apply to a licensee who is
1-17 retired and has been exempted by rule from paying the annual
1-18 registration fee. A retired physician who is exempt from the
1-19 annual registration fee under Section 3.01(g) of this Act shall
1-20 participate in continuing medical education if the physician has
1-21 been retired for five or more years and is engaged in the practice
1-22 of providing voluntary charity care. A retired physician required
1-23 to participate in continuing medical education under this
1-24 subsection shall fulfill the physician's continuing medical
2-1 education requirement by attending a seminar established under
2-2 board rule designed for retired physicians who provide voluntary
2-3 charity care. The board's rules shall prescribe the contents of
2-4 the seminar, the frequency with which a physician must attend a
2-5 seminar, and the method of enforcing the requirements of this
2-6 subsection.
2-7 SECTION 3. Subchapter E, Medical Practice Act (Article
2-8 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
2-9 5.11 to read as follows:
2-10 Sec. 5.11. LIABILITY OF RETIRED PHYSICIAN PROVIDING
2-11 VOLUNTARY CHARITABLE CARE. (a) Subject to Subsection (b) of this
2-12 section, a retired physician who is exempt from the annual
2-13 registration fee under Section 3.01(g) of this Act and who is
2-14 providing voluntary charity care is not liable for an act or
2-15 omission resulting in personal injury to or death of a patient if:
2-16 (1) the physician commits the act or omission in the
2-17 course of providing health care services or services related to
2-18 health care to the patient;
2-19 (2) the care is not administered for or in expectation
2-20 of compensation; and
2-21 (3) the services provided are within the scope of
2-22 practice of the physician.
2-23 (b) Subsection (a) of this section applies only if, before
2-24 the provision of services to the patient, the patient signs a
2-25 written statement that:
2-26 (1) acknowledges that the physician is providing
2-27 services without compensation; and
3-1 (2) waives the right to recover damages to the extent
3-2 described by Subsection (a) of this section in exchange for
3-3 receiving the uncompensated services.
3-4 (c) If the patient is a minor, the written statement must be
3-5 signed by the parent, managing conservator, or legal guardian of
3-6 the patient.
3-7 (d) This section does not apply to an act or omission that
3-8 is intentional, wilfully or wantonly negligent, or done with
3-9 conscious indifference or reckless disregard for the safety of
3-10 others.
3-11 SECTION 4. Section 84.007, Civil Practice and Remedies Code,
3-12 is amended by adding Subsection (h) to read as follows:
3-13 (h) Section 84.004 does not apply to an act or omission
3-14 subject to Section 5.11, Medical Practice Act (Article 4495b,
3-15 Vernon's Texas Civil Statutes).
3-16 SECTION 5. (a) This Act takes effect September 1, 1997.
3-17 (b) The Texas State Board of Medical Examiners shall adopt
3-18 rules under this Act not later than January 1, 1998. A retired
3-19 physician is not required to comply with the requirements of
3-20 Section 3.025(e), Medical Practice Act (Article 4495b, Vernon's
3-21 Texas Civil Statutes), as amended by this Act, before January 1,
3-22 1999.
3-23 (c) The change in law made by this Act applies only to a
3-24 cause of action that accrues on or after the effective date of this
3-25 Act. An action that accrued before the effective date of this Act
3-26 is governed by the law as it existed immediately before the
3-27 effective date of this Act, and that law is continued in effect for
4-1 that purpose.
4-2 SECTION 6. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.