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AN ACT
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relating to the liability of volunteer audiologists and |
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speech-language pathologists who provide certain speech, language, |
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and hearing evaluations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 91A to read as follows: |
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CHAPTER 91A. LIABILITY OF VOLUNTEER AUDIOLOGISTS AND |
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SPEECH-LANGUAGE PATHOLOGISTS |
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Sec. 91A.001. DEFINITIONS. In this chapter: |
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(1) "Audiologist" means an individual licensed to |
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practice audiology by the State Board of Examiners of |
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Speech-Language Pathology and Audiology. |
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(2) "Speech-language pathologist" means an individual |
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licensed to practice speech-language pathology by the State Board |
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of Examiners for Speech-Language Pathology and Audiology. |
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Sec. 91A.002. IMMUNITY FROM LIABILITY. An audiologist or |
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speech-language pathologist who, without compensation or |
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expectation of compensation, conducts a speech, language, or |
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hearing evaluation or screening is immune from civil liability for |
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any act or omission resulting in the death or injury to the patient |
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if: |
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(1) the audiologist or speech-language pathologist |
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was acting in good faith and in the course and scope of the |
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audiologist's or speech-language pathologist's duties; |
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(2) the audiologist or speech-language pathologist |
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commits the act or omission in the course of conducting the speech, |
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language, or hearing examination or screening; and |
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(3) the services provided to the patient are within |
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the scope of the license of the audiologist or speech-language |
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pathologist. |
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Sec. 91A.003. APPLICABILITY. This chapter does not apply |
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to an act or omission that is intentional, wilfully or wantonly |
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negligent, or done with conscious indifference or reckless |
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disregard for the safety of others. |
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SECTION 2. Chapter 91A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. An action that accrued |
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before the effective date of this Act is governed by the law |
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applicable to the action immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1995 was passed by the House on May 1, |
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2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1995 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |