SRC-JXG C.S.S.B. 215 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 215
76R12558 DAK-DBy: Duncan
Economic Development
4/28/1999
Committee Report (Substituted)


DIGEST 

Currently, the existing volunteer immunity law does not protect all
volunteer health care providers. A volunteer serving as an officer,
director, or trustee of a charitable organization is immune from civil
liability for any act or omission resulting in death, damage, or injury, if
the volunteer was acting in the scope of their duties. However, a volunteer
health care provider who provides health care services without compensation
is liable. C.S.S.B. 215 would clarify the volunteer immunity law to include
certain volunteer health care providers who provide health care services
without compensation.  

PURPOSE

As proposed, C.S.S.B. 215 limits the liability of certain volunteer health
care providers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 84.003, Civil Practice and Remedies Code, by
amending Subdivision (2) and adding Subdivision (5), to redefine
"volunteer" and "volunteer health care provider." 

SECTION 2. Amends Section 84.004, Civil Practice and Remedies Code, to
provide that a volunteer health care provider serving as a direct service
volunteer of a charitable organization is immune from civil liability for
any act or omission resulting in death, damage, or injury to a patient
under certain circumstances. Makes conforming and nonsubstantive changes. 

SECTION 3. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 4. Emergency clause.




SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 84.003, Civil Practice and Remedies Code, by amending
Subdivision (2) and adding Subdivision (5), to redefine "volunteer health
care provider." 

SECTION 2.

Amends Section 84.004, Civil Practice and Remedies Code, to provide that a
volunteer health care provider serving as a direct service volunteer of a
charitable organization is immune from civil liability for any act or
omission resulting in death, damage, or injury to a patient under certain
circumstances, including if before the volunteer provides health care
services, the patient or, if the patient is a minor or is otherwise legally
incompetent, the patient's parent, managing conservator, legal guardian, or
other person with legal responsibility for the care of the patient signs a
written statement that acknowledges the limitations on the recovery of
damages from the volunteer in exchange for receiving the health care
services. Deletes text regarding uncompensated services.