78S30850 DLF-D

By:  Goolsby                                                      H.B. No. 83 



A BILL TO BE ENTITLED

AN ACT

relating to professional liability insurance for certain retired 
physicians acting as volunteer health care providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 5.15-1, Insurance Code, is amended by 
adding Section 12 to read as follows:
	Sec. 12.  COVERAGE FOR RETIRED PHYSICIANS ACTING AS 
VOLUNTEER HEALTH CARE PROVIDERS.  (a)  In this section:
		(1)  "Charitable organization" has the meaning 
assigned by Section 84.003, Civil Practice and Remedies Code.
		(2)  "Retired physician" has the meaning described by 
Section 84.003(5)(B), Civil Practice and Remedies Code.
		(3)  "Volunteer health care provider" has the meaning 
assigned by Section 84.003, Civil Practice and Remedies Code.
	(b)  An insurer may make available professional liability 
insurance covering a retired physician for an act or omission 
resulting in death, damage, or injury to a patient while the 
physician is acting in the course and scope of the physician's 
duties as a volunteer health care provider as described by Chapter 
84, Civil Practice and Remedies Code.
	(c)  This section does not affect the liability of a retired 
physician who, as a volunteer health care provider, is serving as a 
direct service volunteer of a charitable organization. Section 
84.004(c), Civil Practice and Remedies Code, applies to the retired 
physician without regard to whether the physician obtains medical 
liability insurance under this section.
	SECTION 2.  This Act applies only to a professional 
liability insurance policy that is delivered, issued for delivery, 
or renewed on or after the 181st day after the effective date of 
this Act. A policy delivered, issued for delivery, or renewed 
before the 181st day after the effective date of this Act is 
governed by the law as it existed immediately before the effective 
date of this Act, and that law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution. If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.