| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Deshotel H.B. No. 2428 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to immunity from liability for doctors performing certain | |
| 7 | 7 | medical services at the request of the Division of Workers' | |
| 8 | 8 | Compensation. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 413.054, Labor Code is amended to read as | |
| 11 | 11 | follows: | |
| 12 | 12 | Sec. 413.054. IMMUNITY FROM LIABILITY. (a) A person who | |
| 13 | 13 | performs services for the division as a designated doctor, [an] a | |
| 14 | 14 | doctor performing a required medical examination or an independent | |
| 15 | 15 | medical [examiner] examination, a doctor performing a medical case | |
| 16 | 16 | review, or a member of a peer review panel has the same immunity | |
| 17 | 17 | from liability as the commissioner under Section [402.0024] | |
| 18 | 18 | 402.00123. | |
| 19 | 19 | (b) Immunity from liability under this section does not | |
| 20 | 20 | apply to a person providing medical treatment to an injured | |
| 21 | 21 | employee or to a doctor performing a service at the request of an | |
| 22 | 22 | insurance carrier, injured employee or injured employee's | |
| 23 | 23 | representative. | |
| 24 | 24 | SECTION 2. EFFECTIVE DATE. This Act takes effect | |
| 25 | 25 | immediately if it receives a vote of two-thirds of all the members | |
| 26 | 26 | elected to each house, as provided by Section 39, Article III, Texas | |
| 27 | 27 | Constitution. If this Act does not receive the vote necessary for | |
| 28 | 28 | immediate effect, this Act takes effect September 1, 2009. |