81R3423 CAE-D
By: McCall, Button H.B. No. 1995
A BILL TO BE ENTITLED
AN ACT
relating to the liability of volunteer audiologists and
speech-language pathologists who provide certain speech, language,
and hearing evaluations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 91A to read as follows:
CHAPTER 91A. LIABILITY OF VOLUNTEER AUDIOLOGISTS AND
SPEECH-LANGUAGE PATHOLOGISTS
Sec. 91A.001. DEFINITIONS. In this chapter:
(1) "Audiologist" means an individual licensed to
practice audiology by the State Board of Examiners of
Speech-Language Pathology and Audiology.
(2) "Speech-language pathologist" means an individual
licensed to practice speech-language pathology by the State Board
of Examiners for Speech-Language Pathology and Audiology.
Sec. 91A.002. IMMUNITY FROM LIABILITY. An audiologist or
speech-language pathologist who, without compensation or
expectation of compensation, conducts a speech, language, or
hearing evaluation or screening is immune from civil liability for
any act or omission resulting in the death or injury to the patient
if:
(1) the audiologist or speech-language pathologist
was acting in good faith and in the course and scope of the
audiologist's or speech-language pathologist's duties;
(2) the audiologist or speech-language pathologist
commits the act or omission in the course of conducting the speech,
language, or hearing examination or screening; and
(3) the services provided to the patient are within
the scope of the license of the audiologist or speech-language
pathologist.
Sec. 91A.003. APPLICABILITY. This chapter does not apply
to an act or omission that is intentional, wilfully or wantonly
negligent, or done with conscious indifference or reckless
disregard for the safety of others.
SECTION 2. Chapter 91A, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act. An action that accrued
before the effective date of this Act is governed by the law
applicable to the action immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.