78R7254 JMM-D

By:  Ellis                                                        H.B. No. 2620



A BILL TO BE ENTITLED

AN ACT

relating to the civil liability of certain chiropractors and others 
who participate in peer review.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 201, Occupations Code, is 
amended by adding Section 201.256 to read as follows:
	Sec. 201.256.  IMMUNITY FROM CIVIL LIABILITY.  (a)  The 
following are immune from civil liability:
		(1)  a person who, in good faith, reports or furnishes 
information to a peer review committee or the board;
		(2)  a member, employee, or agent of the board or of a 
peer review committee who takes an action or makes a recommendation 
within the scope of the functions of the board or committee, if that 
member, employee, or agent acts without malice and in the 
reasonable belief that the action or recommendation is warranted by 
the facts known to that person;
		(3)  a member or employee of the board or any person who 
assists the board in carrying out its duties or functions provided 
by law; and
		(4)  a chiropractor who participates in the peer review 
of another chiropractor, if the chiropractor who participates in 
the peer review acts without malice and in the reasonable belief 
that the chiropractor's actions or recommendations are warranted by 
the facts known to that chiropractor.
	(b)  A cause of action does not accrue against a member, 
agent, or employee of a peer review committee or against a health 
care entity from any act, statement, determination, or 
recommendation made, or act reported, without malice, in the course 
of peer review.
	(c)  A person, peer review committee, or health care entity 
that, without malice, participates in peer review or furnishes 
records, information, or assistance to a peer review committee or 
to the board is immune from any civil liability arising from that 
act.
	(d)  A person or health care entity required under law to 
report to the board may not be found liable in a civil action for 
failure to report to the board unless the failure was committed 
knowingly or wilfully, except that the appropriate state licensing 
body may take action against a licensed person or entity for not 
reporting as required.
	SECTION 2.  This Act takes effect September 1, 2003.                           
	SECTION 3.  The change in law made by this Act applies only 
to the actions or recommendations of a person participating in a 
peer review on or after the effective date of this Act.  The actions 
or recommendations of a person participating in a peer review 
before the effective date of this Act are governed by the law in 
effect on the date the peer review occurred, and the former law is 
continued in effect for that purpose.