78R2562 KCR-D

By:  Rose                                                         H.B. No. 3439



A BILL TO BE ENTITLED

AN ACT

relating to the liability of certain physicians 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 PHYSICIANS
	Sec. 91.001.  DEFINITION.  In this chapter, "school" means 
any private or public school offering academic instruction in any 
grade level from kindergarten through grade 12.
	Sec. 91.002.  PHYSICIAN LIABILITY.  Subject to Section 
91.003, a physician 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 physician was acting in good faith and in the 
course and scope of the physician's duties;
		(2)  the physician 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 physician; and
		(4)  before the physician 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 physician 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 physician in connection with the physical examination or 
medical screening being performed.
	Sec. 91.003.  INSURANCE REQUIRED.  (a)  Section 91.002 
applies only to a physician who has liability insurance coverage in 
effect to cover any act or omission to which this chapter applies.  
The physician's liability coverage must cover the acts or omissions 
of the physician 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 limit the liability of a school 
district to its students, teachers, or staff.
	(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.