By Pitts                                               H.B. No. 248
         77R1503 AEI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of a chiropractor who voluntarily
 1-3     provides health care services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 84.003(5), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7                 (5)  "Volunteer health care provider" means an
 1-8     individual who voluntarily provides health care services without
 1-9     compensation or expectation of compensation and who is:
1-10                       (A)  an individual who is licensed to practice
1-11     medicine under Subtitle B, Title 3, Occupations Code, or [the
1-12     Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-13     Statutes);]
1-14                       [(B)]  a retired physician who is eligible to
1-15     provide health care services, including a retired physician who is
1-16     licensed but exempt from paying the required annual registration
1-17     fee under Section 156.002, Occupations Code [3.01(g), Medical
1-18     Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
1-19                       (B) [(C)]  a physician assistant licensed under
1-20     Chapter 204, Occupations Code, [the Physician Assistant Licensing
1-21     Act (Article 4495b-1, Vernon's Texas Civil Statutes)] or a retired
1-22     physician assistant who is eligible to provide health care services
1-23     under the law of this state;
1-24                       (C) [(D)]  a registered nurse, including an
 2-1     advanced nurse practitioner, licensed under Chapter 301,
 2-2     Occupations Code [7, Title 71, Revised Statutes], or a retired
 2-3     registered nurse, including a retired advanced nurse practitioner,
 2-4     who is eligible to provide health care services under the law of
 2-5     this state;
 2-6                       (D) [(E)]  a licensed vocational nurse licensed
 2-7     under Chapter 302, Occupations Code [118, Acts of the 52nd
 2-8     Legislature, Regular Session, 1951  (Article 4528c, Vernon's Texas
 2-9     Civil Statutes)], or a retired licensed vocational nurse who is
2-10     eligible to provide health care services under the law of this
2-11     state;
2-12                       (E) [(F)]  a pharmacist licensed under Subtitle
2-13     J, Title 3, Occupations Code, [the Texas Pharmacy Act (Article
2-14     4542a-1, Vernon's Texas Civil Statutes)] or a retired pharmacist
2-15     who is eligible to provide health care services under the law of
2-16     this state;
2-17                       (F) [(G)]  a podiatrist licensed under Chapter
2-18     202, Occupations Code [11, Title 71, Revised Statutes], or a
2-19     retired podiatrist who is eligible to provide health care services
2-20     under the law of this state;
2-21                       (G) [(H)]  a dentist licensed under Subtitle D,
2-22     Title 3, Occupations Code, [the Dental Practice Act (Chapter 9,
2-23     Title 71, Revised Statutes)] or a retired dentist who is eligible
2-24     to provide health care services under the law of this state;
2-25                       (H) [(I)]  a dental hygienist licensed under
2-26     Subtitle D, Title 3, Occupations Code [Chapter 475, Acts of the
2-27     52nd Legislature, Regular Session, 1951 (Article 4551e, Vernon's
 3-1     Texas Civil Statutes)], or a retired dental hygienist who is
 3-2     eligible to provide health care services under the law of this
 3-3     state;  [or]
 3-4                       (I) [(J)]  an optometrist or therapeutic
 3-5     optometrist licensed under Chapter 351, Occupations Code, [the
 3-6     Texas Optometry Act (Article 4552-1.01 et seq., Vernon's Texas
 3-7     Civil Statutes)] or a retired optometrist or therapeutic
 3-8     optometrist who is eligible to provide health care services under
 3-9     the law of this state; or
3-10                       (J)  a chiropractor licensed under Chapter 201,
3-11     Occupations Code, or a retired chiropractor who is eligible to
3-12     provide health care services under the law of this state.
3-13           SECTION 2. This Act takes effect September 1, 2001, and
3-14     applies only to a cause of action that accrues on or after that
3-15     date.  An action that accrued before the effective date of this Act
3-16     is governed by the law in effect when the action accrued, and the
3-17     former law is continued in effect for that purpose.