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.