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.