By: Van de Putte S.B. No. 1815
A BILL TO BE ENTITLED
AN ACT
relating to immunity from liability for doctors performing certain
services at the request of the division of workers' compensation of
the Texas Department of Insurance.
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, a doctor
performing a required medical examination or an independent medical
examination [examiner], 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 402.00123 [402.0024].
(b) Immunity from liability under this section does not
apply to a person:
(1) providing medical treatment to an injured
employee; or
(2) performing a service at the request of an
insurance carrier, injured employee, or injured employee's
representative.
SECTION 2. 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.