By Averitt                                             H.B. No. 348
         76R2070 DLF-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of certain health care providers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 84.003, Civil Practice and Remedies Code,
 1-5     is amended by amending Subdivision (2) and adding Subdivision (5)
 1-6     to read as follows:
 1-7                 (2)  "Volunteer" means a person rendering services for
 1-8     or on behalf of a charitable organization who does not receive
 1-9     compensation in excess of reimbursement for expenses incurred.  The
1-10     [, and such] term includes a person serving as a director, officer,
1-11     trustee, or direct service volunteer, including a volunteer health
1-12     care provider.
1-13                 (5)  "Volunteer health care provider" means an
1-14     individual who voluntarily provides health care services without
1-15     compensation or expectation of compensation and who is:
1-16                       (A)  an individual who is licensed to practice
1-17     medicine under the Medical Practice Act (Article 4495b, Vernon's
1-18     Texas Civil Statutes);
1-19                       (B)  a retired physician who is eligible to
1-20     provide health care services, including a retired physician who is
1-21     licensed but exempt from paying the required annual registration
1-22     fee under Section 3.01(g), Medical Practice Act (Article 4495b,
1-23     Vernon's Texas Civil Statutes);
1-24                       (C)  a physician assistant licensed under the
 2-1     Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas
 2-2     Civil Statutes) or a retired physician assistant who is eligible to
 2-3     provide health care services under the law of this state;
 2-4                       (D)  a registered nurse licensed under Chapter 7,
 2-5     Title 71, Revised Statutes, or a retired registered nurse who is
 2-6     eligible to provide health care services under the law of this
 2-7     state;
 2-8                       (E)  a licensed vocational nurse  licensed under
 2-9     Chapter 118, Acts of the 52nd Legislature, Regular Session, 1951
2-10     (Article 4528c, Vernon's Texas Civil Statutes), or a retired
2-11     licensed vocational nurse who is eligible to provide health care
2-12     services under the law of this state;
2-13                       (F)  a pharmacist licensed under the Texas
2-14     Pharmacy Act (Article 4542a-1,  Vernon's Texas Civil Statutes) or a
2-15     retired pharmacist who is eligible to provide health care services
2-16     under the law of this state;
2-17                       (G)  a podiatrist licensed under Chapter 11,
2-18     Title 71, Revised Statutes, or a retired podiatrist who is eligible
2-19     to provide health care services under the law of this state; or
2-20                       (H)  a dentist licensed under the Dental Practice
2-21     Act (Chapter 9, Title 71, Revised Statutes) or a retired dentist
2-22     who is eligible to provide health care services under the law of
2-23     this state.
2-24           SECTION 2.        Section 84.004, Civil Practice and Remedies
2-25     Code, is amended to read as follows:
2-26           Sec. 84.004.  VOLUNTEER LIABILITY.  (a)  Except as provided
2-27     by Subsection (d) [(c) of this section] and Section 84.007 [of this
 3-1     Act], a volunteer who is serving as an officer, director, or
 3-2     trustee of a charitable organization is immune from civil liability
 3-3     for any act or omission resulting in death, damage, or injury if
 3-4     the volunteer was acting in the course and scope of his duties or
 3-5     functions as an officer, director, or trustee within the
 3-6     organization.
 3-7           (b)  Except as provided by Subsection (c) or (d) [of this
 3-8     section] and Section 84.007 [of this Act], a volunteer who is
 3-9     serving as a direct service volunteer of a charitable organization
3-10     is immune from civil liability for any act or omission resulting in
3-11     death, damage, or injury if the volunteer was acting in good faith
3-12     and in the course and scope of his duties or functions within the
3-13     organization.
3-14           (c)  Except as provided by Subsection (d) and Section 84.007,
3-15     a volunteer health care provider who is serving as a direct service
3-16     volunteer of a charitable organization is immune from civil
3-17     liability for any act or omission resulting in death, damage, or
3-18     injury to a patient if:
3-19                 (1)  the volunteer was acting in good faith and in the
3-20     course and scope of the volunteer's duties or functions within the
3-21     organization;
3-22                 (2)  the volunteer commits the act or omission in the
3-23     course of providing health care services to the patient; and
3-24                 (3)  the services provided are within the scope of the
3-25     license of the volunteer.
3-26           (d)  A volunteer of a charitable organization is liable to a
3-27     person for death, damage, or injury to the person or his property
 4-1     proximately caused by any act or omission arising from the
 4-2     operation or use of any motor-driven equipment, including an
 4-3     airplane, to the extent insurance coverage is required by Chapter
 4-4     601, Transportation Code, and to the extent of any existing
 4-5     insurance coverage applicable to the act or omission.
 4-6           (e) [(d)]  The provisions of this section apply only to the
 4-7     liability of volunteers and do not apply to the liability of the
 4-8     organization for acts or omissions of volunteers.
 4-9           SECTION 3.  This Act takes effect September 1, 1999, and
4-10     applies only to a cause of action that accrues on or after that
4-11     date.  An action that accrued before the effective date of this Act
4-12     is governed by the law as it existed immediately before the
4-13     effective date of this Act, and that law is continued in effect for
4-14     that purpose.
4-15           SECTION 4.  The importance of this legislation and the
4-16     crowded condition of the calendars in both houses create an
4-17     emergency and an imperative public necessity that the
4-18     constitutional rule requiring bills to be read on three several
4-19     days in each house be suspended, and this rule is hereby suspended.