Texas 2011 - 82nd Regular

Texas Senate Bill SB1545 Compare Versions

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1	1	By: Patrick, Van de Putte S.B. No. 1545
2	2	(Woolley)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the liability of a volunteer health care practitioner
8	8	who conducts a physical examination or medical screening of a
9	9	student athlete.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 91.002, Civil Practice and Remedies
12	12	Code, is amended to read as follows:
13	13	Sec. 91.002. HEALTH CARE PRACTITIONER LIABILITY. Subject
14	14	to Section 91.003, a health care practitioner who, without
15	15	compensation or expectation of compensation, conducts a physical
16	16	examination or medical screening of a patient for the purpose of
17	17	determining the physical health and fitness of the patient
18	18	[certifying the patient's eligibility] to participate in a
19	19	school-sponsored extracurricular or sporting activity is immune
20	20	from civil liability for any act or omission resulting in the death
21	21	of or injury to the patient if:
22	22	(1) the health care practitioner was acting in good
23	23	faith and in the course and scope of the health care practitioner's
24	24	duties;
25	25	(2) the health care practitioner commits the act or
26	26	omission in the course of conducting the physical examination or
27	27	medical screening of the patient;
28	28	(3) the services provided to the patient are within
29	29	the scope of the license of the health care practitioner; and
30	30	(4) before the health care practitioner conducts the
31	31	physical examination or medical screening, the patient or, if the
32	32	patient is a minor or is otherwise legally incompetent, the
33	33	patient's parent, managing conservator, legal guardian, or other
34	34	person with legal responsibility for the care of the patient signs a
35	35	written statement that acknowledges:
36	36	(A) that the health care practitioner is
37	37	conducting a physical examination or medical screening that is not
38	38	administered for or in expectation of compensation; and
39	39	(B) the limitations on the recovery of damages
40	40	from the health care practitioner in connection with the physical
41	41	examination or medical screening being performed.
42	42	SECTION 2. Section 91.002, Civil Practice and Remedies
43	43	Code, as amended by this Act, applies only to the death of or injury
44	44	to a patient that occurs on or after the effective date of this Act.
45	45	The death of or injury to a patient that occurs before the effective
46	46	date of this Act is governed by the law in effect immediately before
47	47	the effective date of this Act, and that law is continued in effect
48	48	for that purpose.
49	49	SECTION 3. This Act takes effect September 1, 2011.