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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of health care providers who provide certain |
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assistance in disaster situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 79.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Health care provider" means: |
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(A) an individual who is licensed to practice |
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medicine under Subtitle B, Title 3, Occupations Code; |
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(B) a retired physician who is eligible to |
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provide health care services, including a retired physician who is |
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licensed but exempt from paying the required annual registration |
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fee under Section 156.002, Occupations Code; |
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(C) a physician assistant licensed under Chapter |
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204, Occupations Code, or a retired physician assistant who is |
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eligible to provide health care services under the laws of this |
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state; |
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(D) a registered nurse, including an advanced |
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nurse practitioner, or vocational nurse licensed under Chapter 301, |
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Occupations Code, or a retired registered nurse, including a |
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retired advanced nurse practitioner, or vocational nurse who is |
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eligible to provide health care services under the laws of this |
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state; |
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(E) a pharmacist licensed under Subtitle J, Title |
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3, Occupations Code, or a retired pharmacist who is eligible to |
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provide health care services under the laws of this state; |
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(F) a podiatrist licensed under Chapter 202, |
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Occupations Code, or a retired podiatrist who is eligible to |
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provide health care services under the laws of this state; |
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(G) a dentist licensed under Subtitle D, Title 3, |
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Occupations Code, or a retired dentist who is eligible to provide |
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health care services under the laws of this state; |
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(H) a dental hygienist licensed under Subtitle D, |
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Title 3, Occupations Code, or a retired dental hygienist who is |
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eligible to provide health care services under the laws of this |
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state; |
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(I) an optometrist or therapeutic optometrist |
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licensed under Chapter 351, Occupations Code, or a retired |
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optometrist or therapeutic optometrist who is eligible to provide |
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health care services under the laws of this state; |
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(J) a physical therapist or physical therapist |
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assistant licensed under Chapter 453, Occupations Code, or a |
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retired physical therapist or physical therapist assistant who is |
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eligible to provide health care services under the laws of this |
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state; |
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(K) an occupational therapist or occupational |
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therapy assistant licensed under Chapter 454, Occupations Code, or |
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a retired occupational therapist or occupational therapy assistant |
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who is eligible to provide health care services under the laws of |
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this state; |
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(L) an audiologist, assistant in audiology, |
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speech-language pathologist, or assistant in speech-language |
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pathology licensed under Chapter 401, Occupations Code, or a |
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retired audiologist, assistant in audiology, speech-language |
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pathologist, or assistant in speech-language pathology who is |
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eligible to provide health care services under the laws of this |
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state; |
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(M) a social worker licensed under Chapter 505, |
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Occupations Code, or a retired social worker who is eligible to |
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engage in the practice of social work under the laws of this state; |
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or |
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(N) any other individual who is licensed, |
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certified, or otherwise authorized to provide health care services |
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in this state. |
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SECTION 2. Section 79.003, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(a-1) to read as follows: |
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(a) Except in a case of reckless conduct or intentional, |
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wilful, or wanton misconduct, a person, other than a health care |
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provider, is immune from civil liability for an act or omission that |
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occurs in giving care, assistance, or advice with respect to the |
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management of an incident: |
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(1) that is a man-made or natural disaster that |
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endangers or threatens to endanger individuals, property, or the |
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environment; and |
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(2) in which the care, assistance, or advice is |
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provided at the request of an authorized representative of a local, |
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state, or federal agency, including a fire department, police |
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department, an emergency management agency, and a disaster response |
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agency. |
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(a-1) Except in a case of reckless conduct or intentional, |
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wilful, or wanton misconduct, a health care provider is immune from |
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civil liability for an act or omission that occurs in giving care, |
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assistance, or advice within the scope of the provider's practice |
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in connection with an incident that is a man-made or natural |
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disaster that endangers or threatens to endanger individuals, |
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property, or the environment. |
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SECTION 3. The change in law made by this Act does not apply |
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to a cause of action that accrued before the effective date of this |
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Act. A cause of action that accrued before the effective date of |
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this Act is governed by the law applicable to the cause of action |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |