By: Goolsby, Branch H.B. No. 655
(Senate Sponsor - Deuell)
(In the Senate - Received from the House April 14, 2005;
April 18, 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 certain volunteer health care providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 21.49-3, Insurance Code, is amended by
adding Section 3C to read as follows:
Sec. 3C. 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) The association shall make available medical liability
insurance or appropriate health care liability insurance covering a
volunteer health care provider for the legal liability of the
person against any loss, damage, or expense incident to a claim
arising out of the death or injury of any person as the result of
negligence in rendering or the failure to render professional
service while 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) A volunteer health care provider who is serving as a
direct service volunteer of a charitable organization is eligible
to obtain from the association the liability insurance made
available under this section. A volunteer health care provider who
obtains coverage under this section is subject to Section 4A of this
article and the other provisions of this article in the same manner
as physicians who are eligible to obtain medical liability
insurance from the association.
(d) 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.
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. Section 156.002, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) A retired physician whose only practice is voluntary
medical care for a disaster relief organization is exempt from the
registration permit fee requirement.
SECTION 5. The joint underwriting association established
under Article 21.49-3, Insurance Code, is not required to make
liability insurance available in accordance with Section 3C,
Article 21.49-3, Insurance Code, as added by this Act, before the
181st day after the effective date of this Act.
SECTION 6. 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 7. The change in law made by Section 156.002(c),
Occupations Code, as added by this Act, applies only to a
registration permit fee that becomes due on or after the effective
date of this Act. A registration permit fee that becomes due before
that date is governed by the law in effect on the date the fee became
due, and the former law is continued in effect for that purpose.
SECTION 8. 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.
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