1-1     By:  Duncan, Nelson                                   S.B. No. 1105

 1-2           (In the Senate - Filed March 11, 1997; March 13, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     April 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1105                  By:  Duncan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the liability of certain volunteer health care

1-11     providers.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subdivision (2), Section 84.003, Civil Practice

1-14     and Remedies Code, is amended to read as follows:

1-15                 (2)  "Volunteer" means a person rendering services for

1-16     or on behalf of a charitable organization who does not receive

1-17     compensation in excess of reimbursement for expenses incurred, and

1-18     such term includes a person serving as a director, officer,

1-19     trustee, or direct service volunteer, and such term also includes

1-20     an individual who voluntarily provides health care services without

1-21     compensation or any expectation of compensation and who is either:

1-22                       (A)  an individual who is licensed to practice

1-23     medicine under the Medical Practice Act (Article 4495b, Vernon's

1-24     Texas Civil Statutes);

1-25                       (B)  a retired physician who is eligible to

1-26     provide health care services, including a retired physician who is

1-27     licensed but exempt from paying the required annual registration

1-28     fee under Section 3.01(a), Medical Practice Act (Article 4495b,

1-29     Vernon's Texas Civil Statutes);

1-30                       (C)  a physician assistant as provided under the

1-31     Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas

1-32     Civil Statutes), a registered nurse as provided under Chapter 7,

1-33     Title 71, Revised Statutes, licensed vocational nurse as provided

1-34     under Chapter 118, Acts of the 52nd Legislature, 1951 (Article

1-35     4528c, Vernon's Texas Civil Statutes), a pharmacist as provided

1-36     under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil

1-37     Statutes), a podiatrist as provided under Chapter 11, Title 71,

1-38     Revised Statutes, or a dentist as provided under the Dental

1-39     Practice Act, Chapter 9, Title 71, Revised Statutes; or

1-40                       (D)  a retired physician assistant, a retired

1-41     registered nurse, a retired licensed vocational nurse, a retired

1-42     pharmacist, a retired podiatrist, or a retired dentist who is

1-43     eligible to provide health care services under the law of this

1-44     state.

1-45           SECTION 2.  Subsection (b), Section 84.004, Civil Practice

1-46     and Remedies Code, is amended to read as follows:

1-47           (b)  Except as provided by Subsection (c) of this section and

1-48     Section 84.007 of this Act, a volunteer who is serving as a direct

1-49     service volunteer of a charitable organization is immune from civil

1-50     liability for any act or omission resulting in death, damage, or

1-51     injury if the volunteer was acting in good faith and in the course

1-52     and scope of his duties or functions within the organization and,

1-53     in the case of a volunteer described in Sections 84.003(2)(A)-(D)

1-54     of this code, who is rendering health care services:

1-55                 (1)  the volunteer commits the act or omission in the

1-56     course of providing health care services to the patient;

1-57                 (2)  the services provided are within the scope of the

1-58     license of the volunteer; and

1-59                 (3)  the patient or, if the patient is a minor or is

1-60     otherwise legally incompetent, the patient's parent, managing

1-61     conservator, legal guardian, or other person with legal

1-62     responsibility for the care of the patient signs a written

1-63     statement that:

1-64                       (A)  acknowledges that the volunteer is providing

 2-1     care that is not administered for or in expectation of

 2-2     compensation; and

 2-3                       (B)  waives the right to recover damages from the

 2-4     volunteer in exchange for receiving the uncompensated services.

 2-5           SECTION 3.  This Act takes effect September 1, 1997, and

 2-6     applies only to a cause of action that accrues on or after that

 2-7     date.  An action that accrued before the effective date of this Act

 2-8     is governed by the law as it existed immediately before the

 2-9     effective date of this Act, and that law is continued in effect for

2-10     that purpose.

2-11           SECTION 4.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.

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