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,

1-24     Title 71, Revised Statutes, licensed vocational nurse as provided

 2-1     under Chapter 118, Acts of the 52nd Legislature, 1951 (Article

 2-2     4528c, Vernon's Texas Civil Statutes), a pharmacist as provided

 2-3     under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil

 2-4     Statutes), a podiatrist as provided under Chapter 11, Title 71,

 2-5     Revised Statutes, or a dentist as provided under the Dental

 2-6     Practice Act, Chapter 9, Title 71, Revised Statutes; or

 2-7                       (D)  a retired physician assistant, a retired

 2-8     registered nurse, a retired licensed vocational nurse, a retired

 2-9     pharmacist, a retired podiatrist, or a retired dentist who is

2-10     eligible to provide health care services under the law of this

2-11     state.

2-12           SECTION 2.  Subsection (b), Section 84.004, Civil Practice

2-13     and Remedies Code, is amended to read as follows:

2-14           (b)  Except as provided by Subsection (c) of this section and

2-15     Section 84.007 of this Act, a volunteer who is serving as a direct

2-16     service volunteer of a charitable organization is immune from civil

2-17     liability for any act or omission resulting in death, damage, or

2-18     injury if the volunteer was acting in good faith and in the course

2-19     and scope of his duties or functions within the organization and,

2-20     in the case of a volunteer described in Sections 84.003(2)(A)-(D)

2-21     of this code, who is rendering health care services:

2-22                 (1)  the volunteer commits the act or omission in the

2-23     course of providing health care services to the patient;

2-24                 (2)  the services provided are within the scope of the

2-25     license of the volunteer; and

2-26                 (3)  the patient or, if the patient is a minor or is

2-27     otherwise legally incompetent, the patient's parent, managing

 3-1     conservator, legal guardian, or other person with legal

 3-2     responsibility for the care of the patient signs a written

 3-3     statement that:

 3-4                       (A)  acknowledges that the volunteer is providing

 3-5     care that is not administered for or in expectation of

 3-6     compensation; and

 3-7                       (B)  waives the right to recover damages from the

 3-8     volunteer in exchange for receiving the uncompensated services.

 3-9           SECTION 3.  This Act takes effect September 1, 1997, and

3-10     applies only to a cause of action that accrues on or after that

3-11     date.  An action that accrued before the effective date of this Act

3-12     is governed by the law as it existed immediately before the

3-13     effective date of this Act, and that law is continued in effect for

3-14     that purpose.

3-15           SECTION 4.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended.