| 1 | 1 | | 81R3423 CAE-D |
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| 2 | 2 | | By: McCall H.B. No. 1995 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the liability of volunteer audiologists and |
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| 8 | 8 | | speech-language pathologists who provide certain speech, language, |
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| 9 | 9 | | and hearing evaluations. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Chapter 91A to read as follows: |
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| 13 | 13 | | CHAPTER 91A. LIABILITY OF VOLUNTEER AUDIOLOGISTS AND |
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| 14 | 14 | | SPEECH-LANGUAGE PATHOLOGISTS |
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| 15 | 15 | | Sec. 91A.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Audiologist" means an individual licensed to |
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| 17 | 17 | | practice audiology by the State Board of Examiners of |
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| 18 | 18 | | Speech-Language Pathology and Audiology. |
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| 19 | 19 | | (2) "Speech-language pathologist" means an individual |
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| 20 | 20 | | licensed to practice speech-language pathology by the State Board |
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| 21 | 21 | | of Examiners for Speech-Language Pathology and Audiology. |
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| 22 | 22 | | Sec. 91A.002. IMMUNITY FROM LIABILITY. An audiologist or |
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| 23 | 23 | | speech-language pathologist who, without compensation or |
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| 24 | 24 | | expectation of compensation, conducts a speech, language, or |
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| 25 | 25 | | hearing evaluation or screening is immune from civil liability for |
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| 26 | 26 | | any act or omission resulting in the death or injury to the patient |
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| 27 | 27 | | if: |
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| 28 | 28 | | (1) the audiologist or speech-language pathologist |
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| 29 | 29 | | was acting in good faith and in the course and scope of the |
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| 30 | 30 | | audiologist's or speech-language pathologist's duties; |
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| 31 | 31 | | (2) the audiologist or speech-language pathologist |
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| 32 | 32 | | commits the act or omission in the course of conducting the speech, |
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| 33 | 33 | | language, or hearing examination or screening; and |
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| 34 | 34 | | (3) the services provided to the patient are within |
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| 35 | 35 | | the scope of the license of the audiologist or speech-language |
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| 36 | 36 | | pathologist. |
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| 37 | 37 | | Sec. 91A.003. APPLICABILITY. This chapter does not apply |
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| 38 | 38 | | to an act or omission that is intentional, wilfully or wantonly |
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| 39 | 39 | | negligent, or done with conscious indifference or reckless |
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| 40 | 40 | | disregard for the safety of others. |
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| 41 | 41 | | SECTION 2. Chapter 91A, Civil Practice and Remedies Code, |
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| 42 | 42 | | as added by this Act, applies only to a cause of action that accrues |
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| 43 | 43 | | on or after the effective date of this Act. An action that accrued |
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| 44 | 44 | | before the effective date of this Act is governed by the law |
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| 45 | 45 | | applicable to the action immediately before the effective date of |
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| 46 | 46 | | this Act, and that law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2009. |
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