H.B. No. 3439




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.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 3439 was passed by the House on May 9, 
2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 3439 was passed by the Senate on May 
28, 2003, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor