| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability of health care providers for certain claims |
|
|
arising during a disaster or emergency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The purposes of this Act are to: |
|
|
(1) provide for prompt and swift medical and health |
|
|
care responses to individuals in this state suffering from a |
|
|
man-made or natural disaster, including a state of disaster or |
|
|
emergency in this state declared by the president of the United |
|
|
States or a state of disaster declared by the governor under Section |
|
|
418.014, Government Code; |
|
|
(2) recognize that many physicians and health care |
|
|
providers responding to these situations may not have the full |
|
|
benefits of the medical devices and facilities they would in |
|
|
non-disaster situations; |
|
|
(3) encourage physicians and health care providers |
|
|
from other states to respond, if necessary, to a state of disaster |
|
|
or emergency in this state declared by the president of the United |
|
|
States or a state of disaster declared by the governor under Section |
|
|
418.014, Government Code; and |
|
|
(4) ensure that the focus and resources of physicians |
|
|
and health care providers in these situations are being properly |
|
|
directed after a state of disaster or emergency is declared by the |
|
|
president of the United States or a state of disaster is declared by |
|
|
the governor under Section 418.014, Government Code. |
|
|
SECTION 2. The heading to Section 79.0031, Civil Practice |
|
|
and Remedies Code, is amended to read as follows: |
|
|
Sec. 79.0031. LIABILITY OF [VOLUNTEER] HEALTH CARE PROVIDER |
|
|
OR HEALTH CARE INSTITUTION. |
|
|
SECTION 3. Sections 79.0031(a), (b), and (c), Civil |
|
|
Practice and Remedies Code, are amended to read as follows: |
|
|
(a) In this section: |
|
|
(1) "Health care institution" has the meaning assigned |
|
|
by Section 74.001. |
|
|
(2) "Health care liability claim" has the meaning |
|
|
assigned by Section 74.001. |
|
|
(3) "Health [Volunteer health] care provider" means: |
|
|
(A) a first responder, as that term is defined by |
|
|
Section 421.095, Government Code; |
|
|
(B) a health care provider, as that term is |
|
|
defined by Section 74.001; |
|
|
(C) a physician, as that term is defined by |
|
|
Section 74.001; and |
|
|
(D) a volunteer health care provider, as that |
|
|
term is defined [has the meaning assigned] by Section 84.003, |
|
|
regardless of whether the [. The term includes an] individual [who] |
|
|
is [not] affiliated with a charitable organization. |
|
|
(b) Except in the case of reckless conduct or intentional, |
|
|
wilful, or wanton misconduct, a [volunteer] health care provider is |
|
|
immune from civil liability for an act or omission that occurs in, |
|
|
or a health care liability claim that arises out of, giving care, |
|
|
assistance, or advice if: |
|
|
(1) the care, assistance, or advice is provided: |
|
|
(A) [(1)] in relation to an incident that is a |
|
|
man-made or natural disaster that endangers or threatens to |
|
|
endanger individuals, property, or the environment; and |
|
|
(B) [(2)] within the scope of the provider's |
|
|
practice under the laws of this state; or |
|
|
(2) the care, assistance, or advice is provided: |
|
|
(A) in relation to a national or statewide health |
|
|
care emergency that results in a declaration of a state of disaster |
|
|
or emergency by the president of the United States or a declaration |
|
|
of a state of disaster by the governor under Chapter 418, Government |
|
|
Code; |
|
|
(B) during a period beginning on the date the |
|
|
declaration is made and ending 60 days after the date the |
|
|
declaration terminates; and |
|
|
(C) within the scope of the provider's practice |
|
|
under the laws of this state. |
|
|
(c) A health care institution is immune from civil liability |
|
|
for: |
|
|
(1) an act or omission by a [volunteer] health care |
|
|
provider providing care, assistance, or advice at the institution's |
|
|
facility or under the institution's direction if [: |
|
|
[(1)] the provider is immune from civil liability under |
|
|
Subsection (b); or [and] |
|
|
(2) a health care liability claim arising out of the |
|
|
circumstances described by Subsection (b) [the institution does not |
|
|
have an expectation of compensation from or on behalf of the |
|
|
recipient of the care, assistance, or advice in excess of |
|
|
reimbursement for expenses incurred by the institution in |
|
|
connection with the provision of the care, assistance, or advice]. |
|
|
SECTION 4. Section 79.0031, Civil Practice and Remedies |
|
|
Code, as amended by this Act, applies only to a cause of action that |
|
|
accrues on or after the effective date of this Act. A cause of |
|
|
action that accrued before the effective date of this Act is |
|
|
governed by the law applicable to the cause of action 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, 2021. |