By Averitt H.B. No. 2480 75R7526 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the liability of certain volunteer health care 1-3 providers. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. (a) Committed volunteer health care providers 1-6 are needed to provide essential and needed health care services. 1-7 Millions of Texans, including children, lack basic health care 1-8 coverage that could provide benefits for these health care 1-9 services. Health care providers are increasingly deterred from 1-10 volunteering their services because of the perceived threat of 1-11 personal liability arising from their charitable activities. The 1-12 valuable contributions of programs, activities, and services to 1-13 this state and to local communities within this state are 1-14 diminished and worthwhile efforts are deterred by the reluctance of 1-15 volunteers to donate their services and risk unwarranted legal 1-16 exposure. 1-17 (b) The residents of this state have an overriding interest 1-18 in the continued and increased delivery of charitable health care 1-19 and in encouraging volunteers to give freely of their time, 1-20 energies, and talents without compensation in service to their 1-21 state and local communities. 1-22 (c) This Act is intended to encourage health care providers 1-23 to contribute their services by reducing their exposure to civil 1-24 liability and to maximize the charitable services and resources 2-1 donated by these volunteers. 2-2 SECTION 2. Title 4, Civil Practice and Remedies Code, is 2-3 amended by adding Chapter 88 to read as follows: 2-4 CHAPTER 88. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDERS 2-5 Sec. 88.001. DEFINITION. In this chapter, "health care 2-6 provider" means an individual who is licensed, certified, 2-7 registered, or otherwise recognized to provide health care services 2-8 or services related to health care. The term includes: 2-9 (A) an individual who is licensed to practice 2-10 medicine under the Medical Practice Act (Article 4495b, Vernon's 2-11 Texas Civil Statutes); and 2-12 (B) a retired health care provider who is 2-13 eligible to provide health care services under the law of this 2-14 state, including a retired physician who is licensed but exempt 2-15 from paying the required annual registration fee under Section 2-16 3.01(a), Medical Practice Act (Article 4495b, Vernon's Texas Civil 2-17 Statutes). 2-18 Sec. 88.002. IMMUNITY FROM LIABILITY. Subject to Section 2-19 88.003, a health care provider is not liable for an act or omission 2-20 resulting in personal injury to or death of a patient if: 2-21 (1) the health care provider commits the act or 2-22 omission in the course of providing health care services or 2-23 services related to health care to the patient; 2-24 (2) the care is not administered for or in expectation 2-25 of compensation; and 2-26 (3) the services provided are within the scope of the 2-27 license, certification, registration, or other recognition of the 3-1 health care provider. 3-2 Sec. 88.003. WAIVER BY PATIENT. (a) Section 88.002 applies 3-3 only if, before the provision of services to the patient, the 3-4 patient signs a written statement that: 3-5 (1) acknowledges that the health care provider is 3-6 providing services without compensation; and 3-7 (2) waives the right to recover damages to the extent 3-8 described by Section 88.002 in exchange for receiving the 3-9 uncompensated services. 3-10 (b) If the patient is a minor or is otherwise legally 3-11 incompetent, the written statement must be signed by the parent, 3-12 managing conservator, or legal guardian of the patient or other 3-13 person with legal responsibility for the care of the patient. 3-14 Sec. 88.004. EXCEPTION. This chapter does not apply to an 3-15 act or omission that is intentional, wilfully or wantonly 3-16 negligent, or done with conscious indifference or reckless 3-17 disregard for the safety of others. 3-18 SECTION 3. This Act takes effect September 1, 1997, and 3-19 applies only to a cause of action that accrues on or after that 3-20 date. An action that accrued before the effective date of this Act 3-21 is governed by the law as it existed immediately before the 3-22 effective date of this Act, and that law is continued in effect for 3-23 that purpose. 3-24 SECTION 4. The importance of this legislation and the 3-25 crowded condition of the calendars in both houses create an 3-26 emergency and an imperative public necessity that the 3-27 constitutional rule requiring bills to be read on three several 4-1 days in each house be suspended, and this rule is hereby suspended.