78R2912 DAK-D

By:  Delisi                                                       H.B. No. 385


A BILL TO BE ENTITLED
AN ACT
relating to the liability of health care providers at free medical clinics. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 4, Civil Practice and Remedies Code, is amended by adding Chapter 92 to read as follows:
CHAPTER 92. LIMITATION ON LIABILITY OF HEALTH CARE PROVIDERS AT FREE MEDICAL CLINICS
Sec. 92.001. DEFINITION. In this chapter, "health care provider" means a person licensed in this state or another state or territory of the United States as: (1) a physician; (2) a physician assistant; (3) a registered nurse; (4) an advanced practice nurse; (5) a licensed vocational nurse; (6) a licensed medical physicist; (7) a medical radiologic technologist; (8) a dentist; (9) a dental hygienist; (10) an optometrist or therapeutic optometrist; (11) an optician; (12) a chiropractor; (13) a licensed prosthetist; (14) a licensed orthotist; (15) an audiologist; (16) a speech-language pathologist; (17) a hearing instrument fitter and dispenser; (18) a physical therapist; (19) an occupational therapist; (20) a psychologist; (21) a social worker; (22) a licensed professional counselor; (23) a chemical dependency counselor; (24) a licensed marriage and family therapist; (25) an acupuncturist; (26) a dietician; (27) a midwife; (28) an athletic trainer; (29) a massage therapist; (30) a licensed perfusionist; (31) a pharmacist; (32) a respiratory care practitioner; or (33) a podiatrist. Sec. 92.002. APPLICABILITY. This chapter applies only to health care provided in a medical clinic that is an organized, community-based program providing health care without charge to persons unable to pay for it. Sec. 92.003. LIMITATION ON LIABILITY. (a) A health care provider is not liable in civil damages for an act performed during the provision of the health care if: (1) the health care is provided to a person at a medical clinic to which this chapter applies and is part of the services regularly offered by the clinic; (2) the provider provides the health care in good faith; (3) the act is not wilfully or wantonly negligent; (4) the health care provider does not receive a fee or any other compensation for providing the health care; and (5) before the health care is provided to the person, the person or, if the person is a minor or is otherwise legally incompetent, the person's parent, managing conservator, custodian, or legal guardian, signs a written statement that acknowledges that the person understands that: (A) the health care is not provided for or in expectation of compensation; and (B) the recovery of damages for an act performed during the provision of the health care is limited in exchange for receiving the health care. (b) A health care provider or a hospital or other health care facility is not liable in civil damages for an act performed during the provision of the health care if: (1) the health care is provided to a person referred to the provider by a medical clinic to which this chapter applies; (2) the provider provides the health care in good faith; (3) the act is not wilfully or wantonly negligent; (4) the health care provider does not receive a fee or any other compensation for providing the health care; and (5) the person signed the written statement described by Subsection (a)(5). Sec. 92.004. VOLUNTARY CONTRIBUTIONS. The limitation on liability established by this chapter applies without regard to whether the medical clinic accepts a voluntary contribution from a person receiving health care services from the clinic if: (1) the person has acknowledged the person's ability and willingness to pay a portion of the value of the health care services provided; and (2) the contribution is used only to pay overhead expenses related to operating the clinic and not to provide a fee or other compensation to a health care provider. Sec. 92.005. LIMITATION IN ADDITION TO CHAPTER 84. The limitation on liability established by this chapter is independent of and in addition to any limitation on liability that may apply under Chapter 84 or any other law. If more than one ground to limit liability exists, the defendant is entitled to assert the limit that provides the defendant the greatest protection from liability. SECTION 2. This Act takes effect September 1, 2003, and applies only to a cause of action that accrues on or after that date. An action that accrued before the effective date of this Act is governed by the law applicable to the action immediately before the effective date of this Act, and that law is continued in effect for that purpose.