By:  Carona                                                       S.B. No. 1575

A BILL TO BE ENTITLED
AN ACT
relating to civil liability arising from the activities of the medical quality review panel of the Texas Workers' Compensation Commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 413.0512, Labor Code, is amended by amending Subsection (d) to read as follows: Sec. 413.0512. MEDICAL QUALITY REVIEW PANEL. (d) A person who serves on the medical quality review panel is immune from civil liability [not liable on a civil action] for an act performed or recommendation made within the scope of the functions of the panel, if that member acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to that person. A person who serves on the panel [performed in good faith as a member of the panel and] is entitled to the same protections afforded a commission member under Section 402.010, in the event of a civil action brought against a member of the panel arising from the member's participation on the panel. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.