By: Deshotel H.B. No. 2428
A BILL TO BE ENTITLED
AN ACT
relating to immunity from liability for doctors performing certain
medical services at the request of the Division of Workers'
Compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 413.054, Labor Code is amended to read as
follows:
Sec. 413.054. IMMUNITY FROM LIABILITY. (a) A person who
performs services for the division as a designated doctor, [an] a
doctor performing a required medical examination or an independent
medical [examiner] examination, a doctor performing a medical case
review, or a member of a peer review panel has the same immunity
from liability as the commissioner under Section [402.0024]
402.00123.
(b) Immunity from liability under this section does not
apply to a person providing medical treatment to an injured
employee or to a doctor performing a service at the request of an
insurance carrier, injured employee or injured employee's
representative.
SECTION 2. EFFECTIVE DATE. 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, 2009.