75R12165 DLF-F                           

         By Averitt, Ramsay, Corte, Roman, et al.              H.B. No. 2480

         Substitute the following for H.B. No. 2480:

         By Hilbert                                        C.S.H.B. No. 2480

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the liability of certain health care providers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 84.003, Civil Practice and Remedies Code,

 1-5     is amended by amending Subdivision (2) and adding Subdivision (5)

 1-6     to read as follows:

 1-7                 (2)  "Volunteer" means a person rendering services for

 1-8     or on behalf of a charitable organization who does not receive

 1-9     compensation in excess of reimbursement for expenses incurred, and

1-10     such term includes a person serving as a director, officer,

1-11     trustee, [or] direct service volunteer, or volunteer health care

1-12     provider.

1-13                 (5)  "Volunteer health care provider" means an

1-14     individual who voluntarily provides health care services without

1-15     compensation or any expectation of compensation and who is either:

1-16                       (A)  an individual who is licensed to practice

1-17     medicine under the Medical Practice Act (Article 4495b, Vernon's

1-18     Texas Civil Statutes);

1-19                       (B)  a retired physician who is eligible to

1-20     provide health care services, including a retired physician who is

1-21     licensed but exempt from paying the required annual registration

1-22     fee under Section 3.01(a), Medical Practice Act (Article 4495b,

1-23     Vernon's Texas Civil Statutes);

1-24                       (C)  a physician's assistant as provided for

 2-1     under  the Physician Assistant Licensing Act (Article 4495b-1,

 2-2     Vernon's Texas Civil Statutes), a registered nurse as provided for

 2-3     under Chapter 7, Title 71, Revised Statutes, a licensed vocational

 2-4     nurse as provided for under Chapter 118, Acts of the 52nd

 2-5     Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas

 2-6     Civil Statutes),  a pharmacist as provided for under the Texas

 2-7     Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), a

 2-8     podiatrist as provided for under Chapter 11, Title 71, Revised

 2-9     Statutes, or a dentist as provided for under the Dental Practice

2-10     Act (Chapter 9, Title 71, Revised Statutes); or

2-11                       (D)  a retired physician's assistant, retired

2-12     registered nurse, retired licensed vocational nurse, retired

2-13     pharmacist, retired podiatrist, or retired dentist who is eligible

2-14     to provide health care services under the law of this state.

2-15           SECTION 2.  Section 84.004, Civil Practice and Remedies Code,

2-16     is amended to read as follows:

2-17           Sec. 84.004.  VOLUNTEER LIABILITY.  (a)  Except as provided

2-18     by Subsection (d) [(c) of this section] and Section 84.007 [of this

2-19     Act], a volunteer who is serving as an officer, director, or

2-20     trustee of a charitable organization is immune from civil liability

2-21     for any act or omission resulting in death, damage, or injury if

2-22     the volunteer was acting in the course and scope of his duties or

2-23     functions as an officer, director, or trustee within the

2-24     organization.

2-25           (b)  Except as provided by Subsection (c) or (d) [of this

2-26     section] and Section 84.007 [of this Act], a volunteer who is

2-27     serving as a direct service volunteer of a charitable organization

 3-1     is immune from civil liability for any act or omission resulting in

 3-2     death, damage, or injury if the volunteer was acting in good faith

 3-3     and in the course and scope of his duties or functions within the

 3-4     organization.

 3-5           (c)  Except as provided by Subsection (d) and Section 84.007,

 3-6     a volunteer health care service provider who is serving as a direct

 3-7     service volunteer of a charitable organization is immune from civil

 3-8     liability for any act or omission resulting in death, damage, or

 3-9     injury if:

3-10                 (1)  the volunteer was acting in good faith and in the

3-11     course and scope of the volunteer's duties or functions within the

3-12     organization;

3-13                 (2)  the volunteer commits the act or omission in the

3-14     course of providing health care services to the patient; and

3-15                 (3)  the services provided are within the scope of the

3-16     license of the volunteer.

3-17           (d)  A volunteer of a charitable organization is liable to a

3-18     person for death, damage, or injury to the person or his property

3-19     proximately caused by any act or omission arising from the

3-20     operation or use of any motor-driven equipment, including an

3-21     airplane, to the extent insurance coverage is required by Chapter

3-22     601, Transportation Code [Section 1A, Texas Motor Vehicle

3-23     Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil

3-24     Statutes)], and to the extent of any existing insurance coverage

3-25     applicable to the act or omission.

3-26           (e) [(d)]  The provisions of this section apply only to the

3-27     liability of volunteers and do not apply to the liability of the

 4-1     organization for acts or omissions of volunteers.

 4-2           SECTION 3.  This Act takes effect September 1, 1997, and

 4-3     applies only to a cause of action that accrues on or after that

 4-4     date.  An action that accrued before the effective date of this Act

 4-5     is governed by the law as it existed immediately before the

 4-6     effective date of this Act, and that law is continued in effect for

 4-7     that purpose.

 4-8           SECTION 4.  The importance of this legislation and the

 4-9     crowded condition of the calendars in both houses create an

4-10     emergency and an imperative public necessity that the

4-11     constitutional rule requiring bills to be read on three several

4-12     days in each house be suspended, and this rule is hereby suspended.