By: Patrick, Van de Putte S.B. No. 1545
(Woolley)
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a volunteer health care practitioner
who conducts a physical examination or medical screening of a
student athlete.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 91.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 91.002. HEALTH CARE PRACTITIONER LIABILITY. Subject
to Section 91.003, a health care practitioner who, without
compensation or expectation of compensation, conducts a physical
examination or medical screening of a patient for the purpose of
determining the physical health and fitness of the patient
[certifying the patient's eligibility] to participate in a
school-sponsored extracurricular or sporting activity is immune
from civil liability for any act or omission resulting in the death
of or injury to the patient if:
(1) the health care practitioner was acting in good
faith and in the course and scope of the health care practitioner's
duties;
(2) the health care practitioner commits the act or
omission in the course of conducting the physical examination or
medical screening of the patient;
(3) the services provided to the patient are within
the scope of the license of the health care practitioner; and
(4) before the health care practitioner conducts the
physical examination or medical screening, the patient or, if the
patient is a minor or is otherwise legally incompetent, the
patient's parent, managing conservator, legal guardian, or other
person with legal responsibility for the care of the patient signs a
written statement that acknowledges:
(A) that the health care practitioner is
conducting a physical examination or medical screening that is not
administered for or in expectation of compensation; and
(B) the limitations on the recovery of damages
from the health care practitioner in connection with the physical
examination or medical screening being performed.
SECTION 2. Section 91.002, Civil Practice and Remedies
Code, as amended by this Act, applies only to the death of or injury
to a patient that occurs on or after the effective date of this Act.
The death of or injury to a patient that occurs before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.