This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                


By:  Goolsby (Senate Sponsor - Deuell)                            H.B. No. 654
	(In the Senate - Received from the House April 13, 2005; 
April 14, 2005, read first time and referred to Committee on State 
Affairs; May 6, 2005, reported favorably by the following vote:  
Yeas 9, Nays 0; May 6, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to professional liability insurance for volunteer health 
care providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 5.15-1, Insurance Code, is amended by 
adding Section 12 to read as follows:
	Sec. 12.  COVERAGE FOR VOLUNTEER HEALTH CARE PROVIDERS.  
(a)  In this section:
		(1)  "Charitable organization" has the meaning 
assigned by Section 84.003, Civil Practice and Remedies Code.
		(2)  "Volunteer health care provider" has the meaning 
assigned by Section 84.003, Civil Practice and Remedies Code.
	(b)  An insurer may make available professional liability 
insurance covering a volunteer health care provider for an act or 
omission resulting in death, damage, or injury to a patient while 
the person is acting in the course and scope of the person's duties 
as a volunteer health care provider as described by Chapter 84, 
Civil Practice and Remedies Code.
	(c)  This section does not affect the liability of a 
volunteer health care provider who is serving as a direct service 
volunteer of a charitable organization. Section 84.004(c), Civil 
Practice and Remedies Code, applies to the volunteer health care 
provider without regard to whether the volunteer health care 
provider obtains liability insurance under this section.
	(d)  An insurer may make professional liability insurance 
available under this section to a volunteer health care provider 
without regard to whether the volunteer health care provider is a 
"health care provider" as defined by Section 2 of this article.
	SECTION 2.  Article 21.49-4(a), Insurance Code, is amended 
by adding Subdivisions (4) and (5) to read as follows:
		(4)  "Charitable organization" has the meaning 
assigned by Section 84.003, Civil Practice and Remedies Code.
		(5)  "Volunteer health care provider" has the meaning 
assigned by Section 84.003, Civil Practice and Remedies Code.
	SECTION 3.  Article 21.49-4, Insurance Code, is amended by 
adding Subsection (c-1) to read as follows:
	(c-1)  The trust, in accordance with Subsection (c) of this 
article, may make available professional liability insurance 
covering a volunteer health care provider for an act or omission 
resulting in death, damage, or injury to a patient while the person 
is acting in the course and scope of the person's duties as a 
volunteer health care provider as described by Chapter 84, Civil 
Practice and Remedies Code.  This subsection does not affect the 
liability of a volunteer health care provider who is serving as a 
direct service volunteer of a charitable organization. Section 
84.004(c), Civil Practice and Remedies Code, applies to the 
volunteer health care provider without regard to whether the 
volunteer health care provider obtains liability insurance under 
this subsection. The trust may make professional liability 
insurance available under this subsection to a volunteer health 
care provider without regard to whether the volunteer health care 
provider is a physician or dentist.
	SECTION 4.  This Act applies only to a professional 
liability insurance policy that is delivered, issued for delivery, 
or renewed on or after the 181st day after the effective date of 
this Act.  A policy delivered, issued for delivery, or renewed 
before the 181st day after the effective date of this Act is 
governed by the law as it existed immediately before the effective 
date of this Act, and that law is continued in effect for that 
purpose.
	SECTION 5.  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, 2005.



* * * * *