Texas Senate Bill SB1545

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/5/11
• Introduced: 3/10/11
• Voted on by Senate: 4/14/11
• Refer: 3/23/11
• Out of House Committee: 5/19/11
• Report Pass: 4/5/11
• Voted on by House: 5/25/11
• Engrossed: 4/14/11
• Governor Action: 6/17/11
• Refer: 4/29/11
• Report Pass: 5/16/11
• Enrolled: 5/26/11
• Passed: 6/17/11

Caption

Relating to the liability of a volunteer health care practitioner who conducts a physical examination or medical screening of a student athlete.

Impact

The amendment to Section 91.002 of the Civil Practice and Remedies Code introduces specific conditions under which volunteer health practitioners can be exempt from civil liability. These conditions require that the services rendered must be within the scope of the practitioner's license, and that a written acknowledgment regarding the lack of compensation and limitations on recovery of damages must be signed by the patient or their guardian before the examination is conducted. This legislative change seeks to reduce the fear of legal repercussions that volunteers might face when administering care involved in school activities.

Summary

Senate Bill 1545 addresses the liability concerns of volunteer health care practitioners who perform physical examinations or medical screenings on student athletes. The bill aims to provide legal immunity to these practitioners when they conduct such examinations without expecting compensation. This includes fulfilling their duty to ensure the physical health and fitness of student athletes participating in school-sponsored activities. The underlying intention of the bill is to encourage health care professionals to offer their services in a voluntary capacity, thereby enhancing the overall health and safety of student athletes.

Contention

Notable points of contention surrounding SB1545 may involve balancing the need for increased volunteerism among health care providers with the safety and rights of student athletes. While proponents believe that insulating volunteers from liability will lead to improved health screenings for athletes, concerns might arise regarding the potential for negligence or inadequate care if practitioners are not held to the same standards as paid professionals. Questions about whether waivers signed by guardians genuinely protect the interests of minors participating in school sports may also fuel debate within legislative discussions.