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.