By: Duncan, Nelson S.B. No. 1105
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the liability of certain volunteer health care
1-2 providers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (2), Section 84.003, Civil Practice
1-5 and Remedies Code, is amended to read as follows:
1-6 (2) "Volunteer" means a person rendering services for
1-7 or on behalf of a charitable organization who does not receive
1-8 compensation in excess of reimbursement for expenses incurred, and
1-9 such term includes a person serving as a director, officer,
1-10 trustee, or direct service volunteer, and such term also includes
1-11 an individual who voluntarily provides health care services without
1-12 compensation or any expectation of compensation and who is either:
1-13 (A) an individual who is licensed to practice
1-14 medicine under the Medical Practice Act (Article 4495b, Vernon's
1-15 Texas Civil Statutes);
1-16 (B) a retired physician who is eligible to
1-17 provide health care services, including a retired physician who is
1-18 licensed but exempt from paying the required annual registration
1-19 fee under Section 3.01(a), Medical Practice Act (Article 4495b,
1-20 Vernon's Texas Civil Statutes);
1-21 (C) a physician assistant as provided under the
1-22 Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas
1-23 Civil Statutes), a registered nurse as provided under Chapter 7,
2-1 Title 71, Revised Statutes, licensed vocational nurse as provided
2-2 under Chapter 118, Acts of the 52nd Legislature, 1951 (Article
2-3 4528c, Vernon's Texas Civil Statutes), a pharmacist as provided
2-4 under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
2-5 Statutes), a podiatrist as provided under Chapter 11, Title 71,
2-6 Revised Statutes, or a dentist as provided under the Dental
2-7 Practice Act, Chapter 9, Title 71, Revised Statutes; or
2-8 (D) a retired physician assistant, a retired
2-9 registered nurse, a retired licensed vocational nurse, a retired
2-10 pharmacist, a retired podiatrist, or a retired dentist who is
2-11 eligible to provide health care services under the law of this
2-12 state.
2-13 SECTION 2. Subsection (b), Section 84.004, Civil Practice
2-14 and Remedies Code, is amended to read as follows:
2-15 (b) Except as provided by Subsection (c) of this section and
2-16 Section 84.007 of this Act, a volunteer who is serving as a direct
2-17 service volunteer of a charitable organization is immune from civil
2-18 liability for any act or omission resulting in death, damage, or
2-19 injury if the volunteer was acting in good faith and in the course
2-20 and scope of his duties or functions within the organization and,
2-21 in the case of a volunteer described in Sections 84.003(2)(A)-(D)
2-22 of this code, who is rendering health care services:
2-23 (1) the volunteer commits the act or omission in the
2-24 course of providing health care services to the patient;
2-25 (2) the services provided are within the scope of the
3-1 license of the volunteer; and
3-2 (3) the patient or, if the patient is a minor or is
3-3 otherwise legally incompetent, the patient's parent, managing
3-4 conservator, legal guardian, or other person with legal
3-5 responsibility for the care of the patient signs a written
3-6 statement that:
3-7 (A) acknowledges that the volunteer is providing
3-8 care that is not administered for or in expectation of
3-9 compensation; and
3-10 (B) waives the right to recover damages from the
3-11 volunteer in exchange for receiving the uncompensated services.
3-12 SECTION 3. This Act takes effect September 1, 1997, and
3-13 applies only to a cause of action that accrues on or after that
3-14 date. An action that accrued before the effective date of this Act
3-15 is governed by the law as it existed immediately before the
3-16 effective date of this Act, and that law is continued in effect for
3-17 that purpose.
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.