86R1672 LED-D
By: Oliverson H.B. No. 1353
A BILL TO BE ENTITLED
AN ACT
relating to liability of health care providers who provide certain
assistance in disaster situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 79.001, Civil Practice and Remedies
Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Health care provider" means:
(A) an individual who is licensed to practice
medicine under Subtitle B, Title 3, Occupations Code;
(B) a retired physician who is eligible to
provide health care services, including a retired physician who is
licensed but exempt from paying the required annual registration
fee under Section 156.002, Occupations Code;
(C) a physician assistant licensed under Chapter
204, Occupations Code, or a retired physician assistant who is
eligible to provide health care services under the laws of this
state;
(D) a registered nurse, including an advanced
nurse practitioner, or vocational nurse licensed under Chapter 301,
Occupations Code, or a retired registered nurse, including a
retired advanced nurse practitioner, or vocational nurse who is
eligible to provide health care services under the laws of this
state;
(E) a pharmacist licensed under Subtitle J, Title
3, Occupations Code, or a retired pharmacist who is eligible to
provide health care services under the laws of this state;
(F) a podiatrist licensed under Chapter 202,
Occupations Code, or a retired podiatrist who is eligible to
provide health care services under the laws of this state;
(G) a dentist licensed under Subtitle D, Title 3,
Occupations Code, or a retired dentist who is eligible to provide
health care services under the laws of this state;
(H) a dental hygienist licensed under Subtitle D,
Title 3, Occupations Code, or a retired dental hygienist who is
eligible to provide health care services under the laws of this
state;
(I) an optometrist or therapeutic optometrist
licensed under Chapter 351, Occupations Code, or a retired
optometrist or therapeutic optometrist who is eligible to provide
health care services under the laws of this state;
(J) a physical therapist or physical therapist
assistant licensed under Chapter 453, Occupations Code, or a
retired physical therapist or physical therapist assistant who is
eligible to provide health care services under the laws of this
state;
(K) an occupational therapist or occupational
therapy assistant licensed under Chapter 454, Occupations Code, or
a retired occupational therapist or occupational therapy assistant
who is eligible to provide health care services under the laws of
this state;
(L) an audiologist, assistant in audiology,
speech-language pathologist, or assistant in speech-language
pathology licensed under Chapter 401, Occupations Code, or a
retired audiologist, assistant in audiology, speech-language
pathologist, or assistant in speech-language pathology who is
eligible to provide health care services under the laws of this
state;
(M) a social worker licensed under Chapter 505,
Occupations Code, or a retired social worker who is eligible to
engage in the practice of social work under the laws of this state;
or
(N) any other individual who is licensed,
certified, or otherwise authorized to provide health care services
in this state.
SECTION 2. Section 79.003, Civil Practice and Remedies
Code, is amended by amending Subsection (a) and adding Subsection
(a-1) to read as follows:
(a) Except in a case of reckless conduct or intentional,
wilful, or wanton misconduct, a person, other than a health care
provider, is immune from civil liability for an act or omission that
occurs in giving care, assistance, or advice with respect to the
management of an incident:
(1) that is a man-made or natural disaster that
endangers or threatens to endanger individuals, property, or the
environment; and
(2) in which the care, assistance, or advice is
provided at the request of an authorized representative of a local,
state, or federal agency, including a fire department, police
department, an emergency management agency, and a disaster response
agency.
(a-1) Except in a case of reckless conduct or intentional,
wilful, or wanton misconduct, a health care provider is immune from
civil liability for an act or omission that occurs in giving care,
assistance, or advice within the scope of the provider's practice
in connection with an incident that is a man-made or natural
disaster that endangers or threatens to endanger individuals,
property, or the environment.
SECTION 3. The change in law made by this Act does not apply
to a cause of action that accrued before the effective date of this
Act. A cause of action that accrued before the effective date of
this Act is governed by the law applicable to the cause of action
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.