1-1 By: Duncan, Nelson S.B. No. 215
1-2 (In the Senate - Filed January 21, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Economic Development;
1-4 April 28, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 28, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 215 By: Jackson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the liability of certain health care providers.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 84.003, Civil Practice and Remedies Code,
1-13 is amended by amending Subdivision (2) and adding Subdivision (5)
1-14 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. The
1-18 [, and such] term includes a person serving as a director, officer,
1-19 trustee, or direct service volunteer, including a volunteer health
1-20 care provider.
1-21 (5) "Volunteer health care provider" means an
1-22 individual who voluntarily provides health care services without
1-23 compensation or expectation of compensation and who is:
1-24 (A) an individual who is licensed to practice
1-25 medicine under the Medical Practice Act (Article 4495b, Vernon's
1-26 Texas Civil Statutes);
1-27 (B) a retired physician who is eligible to
1-28 provide health care services, including a retired physician who is
1-29 licensed but exempt from paying the required annual registration
1-30 fee under Section 3.01(g), Medical Practice Act (Article 4495b,
1-31 Vernon's Texas Civil Statutes);
1-32 (C) a physician assistant licensed under the
1-33 Physician Assistant Licensing Act (Article 4495b-1, Vernon's Texas
1-34 Civil Statutes) or a retired physician assistant who is eligible to
1-35 provide health care services under the law of this state;
1-36 (D) a registered nurse, including an advanced
1-37 nurse practitioner, licensed under Chapter 7, Title 71, Revised
1-38 Statutes, or a retired registered nurse, including a retired
1-39 advanced nurse practitioner, who is eligible to provide health care
1-40 services under the law of this state;
1-41 (E) a licensed vocational nurse licensed under
1-42 Chapter 118, Acts of the 52nd Legislature, Regular Session, 1951
1-43 (Article 4528c, Vernon's Texas Civil Statutes), or a retired
1-44 licensed vocational nurse who is eligible to provide health care
1-45 services under the law of this state;
1-46 (F) a pharmacist licensed under the Texas
1-47 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes) or a
1-48 retired pharmacist who is eligible to provide health care services
1-49 under the law of this state;
1-50 (G) a podiatrist licensed under Chapter 11,
1-51 Title 71, Revised Statutes, or a retired podiatrist who is eligible
1-52 to provide health care services under the law of this state;
1-53 (H) a dentist licensed under the Dental Practice
1-54 Act (Chapter 9, Title 71, Revised Statutes) or a retired dentist
1-55 who is eligible to provide health care services under the law of
1-56 this state;
1-57 (I) a dental hygienist licensed under Chapter
1-58 475, Acts of the 52nd Legislature, Regular Session, 1951 (Article
1-59 4551e, Vernon's Texas Civil Statutes), or a retired dental
1-60 hygienist who is eligible to provide health care services under the
1-61 law of this state; or
1-62 (J) an optometrist or therapeutic optometrist
1-63 licensed under the Texas Optometry Act (Article 4552-1.01 et seq.,
1-64 Vernon's Texas Civil Statutes) or a retired optometrist or
2-1 therapeutic optometrist who is eligible to provide health care
2-2 services under the law of this state.
2-3 SECTION 2. Section 84.004, Civil Practice and Remedies Code,
2-4 is amended to read as follows:
2-5 Sec. 84.004. VOLUNTEER LIABILITY. (a) Except as provided
2-6 by Subsection (d) [(c) of this section] and Section 84.007 [of this
2-7 Act], a volunteer who is serving as an officer, director, or
2-8 trustee of a charitable organization is immune from civil liability
2-9 for any act or omission resulting in death, damage, or injury if
2-10 the volunteer was acting in the course and scope of his duties or
2-11 functions as an officer, director, or trustee within the
2-12 organization.
2-13 (b) Except as provided by Subsection (c) or (d) [of this
2-14 section] and Section 84.007 [of this Act], a volunteer who is
2-15 serving as a direct service volunteer of a charitable organization
2-16 is immune from civil liability for any act or omission resulting in
2-17 death, damage, or injury if the volunteer was acting in good faith
2-18 and in the course and scope of his duties or functions within the
2-19 organization.
2-20 (c) Except as provided by Subsection (d) and Section 84.007,
2-21 a volunteer health care provider who is serving as a direct service
2-22 volunteer of a charitable organization is immune from civil
2-23 liability for any act or omission resulting in death, damage, or
2-24 injury to a patient if:
2-25 (1) the volunteer was acting in good faith and in the
2-26 course and scope of the volunteer's duties or functions within the
2-27 organization;
2-28 (2) the volunteer commits the act or omission in the
2-29 course of providing health care services to the patient;
2-30 (3) the services provided are within the scope of the
2-31 license of the volunteer; and
2-32 (4) before the volunteer provides health care
2-33 services, the patient or, if the patient is a minor or is otherwise
2-34 legally incompetent, the patient's parent, managing conservator,
2-35 legal guardian, or other person with legal responsibility for the
2-36 care of the patient signs a written statement that acknowledges:
2-37 (A) that the volunteer is providing care that is
2-38 not administered for or in expectation of compensation; and
2-39 (B) the limitations on the recovery of damages
2-40 from the volunteer in exchange for receiving the health care
2-41 services.
2-42 (d) A volunteer of a charitable organization is liable to a
2-43 person for death, damage, or injury to the person or his property
2-44 proximately caused by any act or omission arising from the
2-45 operation or use of any motor-driven equipment, including an
2-46 airplane, to the extent insurance coverage is required by Chapter
2-47 601, Transportation Code, and to the extent of any existing
2-48 insurance coverage applicable to the act or omission.
2-49 (e) [(d)] The provisions of this section apply only to the
2-50 liability of volunteers and do not apply to the liability of the
2-51 organization for acts or omissions of volunteers.
2-52 SECTION 3. This Act takes effect September 1, 1999, and
2-53 applies only to a cause of action that accrues on or after that
2-54 date. An action that accrued before the effective date of this Act
2-55 is governed by the law as it existed immediately before the
2-56 effective date of this Act, and that law is continued in effect for
2-57 that purpose.
2-58 SECTION 4. The importance of this legislation and the
2-59 crowded condition of the calendars in both houses create an
2-60 emergency and an imperative public necessity that the
2-61 constitutional rule requiring bills to be read on three several
2-62 days in each house be suspended, and this rule is hereby suspended.
2-63 * * * * *