By: Rose H.B. No. 3439
A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain health care practitioners for
examinations and medical screenings of students.
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 91 to read as follows:
CHAPTER 91. LIABILITY OF VOLUNTEER HEALTH CARE PRACTITIONERS
Sec. 91.001. DEFINITIONS. In this chapter:
(1) "Health care practitioner" means a person who is
licensed:
(A) to practice medicine under Subtitle B, Title
3, Occupations Code;
(B) as a physician assistant under Chapter 204,
Occupations Code;
(C) as an advanced nurse practitioner under
Chapter 301, Occupations Code; or
(D) as a chiropractor under Chapter 201,
Occupations Code.
(2) "School" means any private or public school
offering academic instruction in any grade level from kindergarten
through grade 12.
Sec. 91.002. HEALTH CARE PRACTITIONER LIABILITY. Subject
to Section 91.003, a health care practitioner who, without
compensation or expectation of compensation, conducts a physical
examination or medical screening of a patient for the purpose of
certifying the patient's eligibility to participate in a
school-sponsored extracurricular or sporting activity is immune
from civil liability for any act or omission resulting in the death
of or injury to the patient if:
(1) the health care practitioner was acting in good
faith and in the course and scope of the health care practitioner's
duties;
(2) the health care practitioner commits the act or
omission in the course of conducting the physical examination or
medical screening of the patient;
(3) the services provided to the patient are within
the scope of the license of the health care practitioner; and
(4) before the health care practitioner conducts the
physical examination or medical screening, the patient or, if the
patient is a minor or is otherwise legally incompetent, the
patient's parent, managing conservator, legal guardian, or other
person with legal responsibility for the care of the patient signs a
written statement that acknowledges:
(A) that the health care practitioner is
conducting a physical examination or medical screening that is not
administered for or in expectation of compensation; and
(B) the limitations on the recovery of damages
from the health care practitioner in connection with the physical
examination or medical screening being performed.
Sec. 91.003. INSURANCE REQUIRED. (a) Section 91.002
applies only to a health care practitioner who has liability
insurance coverage in effect to cover any act or omission to which
this chapter applies. The health care practitioner's liability
coverage must cover the acts or omissions of the health care
practitioner and must be in the amount of at least $100,000 per
person and $300,000 for each single occurrence of death or bodily
injury and $100,000 for each single occurrence for injury to or
destruction of property.
(b) The coverage may be provided under a contract of
insurance or other plan of insurance and may be satisfied by the
purchase of a $300,000 bodily injury and property damage combined
single-limit policy.
Sec. 91.004. APPLICABILITY. (a) This chapter does not
apply to an act or omission that is intentional, wilfully or
wantonly negligent, or done with conscious indifference or reckless
disregard for the safety of others.
(b) This chapter does not:
(1) limit the liability of a school district to its
students, teachers, or staff; or
(2) affect a school district's liability limits or
immunities under Chapter 101.
(c) This chapter does not apply to a governmental unit or
employee of a governmental unit as defined by Section 101.001.
(d) This chapter does not limit the liability of an insurer
or insurance plan in an action under Chapter 21, Insurance Code, or
in an action for bad faith conduct, breach of fiduciary duty, or
negligent failure to settle a claim.
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.