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.