TX
Texas House Bill HB1353

Texas 2019 - 86th Regular

Texas House Bill HB1353 Compare Versions

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1-86R13218 SCL-D
1+86R1672 LED-D
22 By: Oliverson H.B. No. 1353
3- Substitute the following for H.B. No. 1353:
4- By: Meyer C.S.H.B. No. 1353
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to liability of volunteer health care providers and health
10- care institutions for care, assistance, or advice provided in
11- relation to a disaster.
7+ relating to liability of health care providers who provide certain
8+ assistance in disaster situations.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Chapter 79, Civil Practice and Remedies Code, is
14- amended by adding Section 79.0031 to read as follows:
15- Sec. 79.0031. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER
16- OR HEALTH CARE INSTITUTION. (a) In this section:
17- (1) "Health care institution" has the meaning assigned
18- by Section 74.001.
19- (2) "Volunteer health care provider" has the meaning
20- assigned by Section 84.003. The term includes an individual who is
21- not affiliated with a charitable organization.
22- (b) Except in the case of reckless conduct or intentional,
23- wilful, or wanton misconduct, a volunteer health care provider is
24- immune from civil liability for an act or omission that occurs in
25- giving care, assistance, or advice if the care, assistance, or
26- advice is provided:
27- (1) in relation to an incident that is a man-made or
28- natural disaster that endangers or threatens to endanger
29- individuals, property, or the environment; and
30- (2) within the scope of the provider's practice under
31- the laws of this state.
32- (c) A health care institution is immune from civil liability
33- for an act or omission by a volunteer health care provider providing
34- care, assistance, or advice at the institution's facility or under
35- the institution's direction if:
36- (1) the provider is immune from civil liability under
37- Subsection (b); and
38- (2) the institution does not have an expectation of
39- compensation from or on behalf of the recipient of the care,
40- assistance, or advice in excess of reimbursement for expenses
41- incurred by the institution in connection with the provision of the
42- care, assistance, or advice.
43- (d) The immunity provided by this section is in addition to
44- any other immunity or limitations of liability provided by law.
45- SECTION 2. Section 79.0031, Civil Practice and Remedies
46- Code, as added by this Act, does not apply to a cause of action that
47- accrued before the effective date of this Act.
48- SECTION 3. This Act takes effect September 1, 2019.
10+ SECTION 1. Section 79.001, Civil Practice and Remedies
11+ Code, is amended by adding Subdivision (1-a) to read as follows:
12+ (1-a) "Health care provider" means:
13+ (A) an individual who is licensed to practice
14+ medicine under Subtitle B, Title 3, Occupations Code;
15+ (B) a retired physician who is eligible to
16+ provide health care services, including a retired physician who is
17+ licensed but exempt from paying the required annual registration
18+ fee under Section 156.002, Occupations Code;
19+ (C) a physician assistant licensed under Chapter
20+ 204, Occupations Code, or a retired physician assistant who is
21+ eligible to provide health care services under the laws of this
22+ state;
23+ (D) a registered nurse, including an advanced
24+ nurse practitioner, or vocational nurse licensed under Chapter 301,
25+ Occupations Code, or a retired registered nurse, including a
26+ retired advanced nurse practitioner, or vocational nurse who is
27+ eligible to provide health care services under the laws of this
28+ state;
29+ (E) a pharmacist licensed under Subtitle J, Title
30+ 3, Occupations Code, or a retired pharmacist who is eligible to
31+ provide health care services under the laws of this state;
32+ (F) a podiatrist licensed under Chapter 202,
33+ Occupations Code, or a retired podiatrist who is eligible to
34+ provide health care services under the laws of this state;
35+ (G) a dentist licensed under Subtitle D, Title 3,
36+ Occupations Code, or a retired dentist who is eligible to provide
37+ health care services under the laws of this state;
38+ (H) a dental hygienist licensed under Subtitle D,
39+ Title 3, Occupations Code, or a retired dental hygienist who is
40+ eligible to provide health care services under the laws of this
41+ state;
42+ (I) an optometrist or therapeutic optometrist
43+ licensed under Chapter 351, Occupations Code, or a retired
44+ optometrist or therapeutic optometrist who is eligible to provide
45+ health care services under the laws of this state;
46+ (J) a physical therapist or physical therapist
47+ assistant licensed under Chapter 453, Occupations Code, or a
48+ retired physical therapist or physical therapist assistant who is
49+ eligible to provide health care services under the laws of this
50+ state;
51+ (K) an occupational therapist or occupational
52+ therapy assistant licensed under Chapter 454, Occupations Code, or
53+ a retired occupational therapist or occupational therapy assistant
54+ who is eligible to provide health care services under the laws of
55+ this state;
56+ (L) an audiologist, assistant in audiology,
57+ speech-language pathologist, or assistant in speech-language
58+ pathology licensed under Chapter 401, Occupations Code, or a
59+ retired audiologist, assistant in audiology, speech-language
60+ pathologist, or assistant in speech-language pathology who is
61+ eligible to provide health care services under the laws of this
62+ state;
63+ (M) a social worker licensed under Chapter 505,
64+ Occupations Code, or a retired social worker who is eligible to
65+ engage in the practice of social work under the laws of this state;
66+ or
67+ (N) any other individual who is licensed,
68+ certified, or otherwise authorized to provide health care services
69+ in this state.
70+ SECTION 2. Section 79.003, Civil Practice and Remedies
71+ Code, is amended by amending Subsection (a) and adding Subsection
72+ (a-1) to read as follows:
73+ (a) Except in a case of reckless conduct or intentional,
74+ wilful, or wanton misconduct, a person, other than a health care
75+ provider, is immune from civil liability for an act or omission that
76+ occurs in giving care, assistance, or advice with respect to the
77+ management of an incident:
78+ (1) that is a man-made or natural disaster that
79+ endangers or threatens to endanger individuals, property, or the
80+ environment; and
81+ (2) in which the care, assistance, or advice is
82+ provided at the request of an authorized representative of a local,
83+ state, or federal agency, including a fire department, police
84+ department, an emergency management agency, and a disaster response
85+ agency.
86+ (a-1) Except in a case of reckless conduct or intentional,
87+ wilful, or wanton misconduct, a health care provider is immune from
88+ civil liability for an act or omission that occurs in giving care,
89+ assistance, or advice within the scope of the provider's practice
90+ in connection with an incident that is a man-made or natural
91+ disaster that endangers or threatens to endanger individuals,
92+ property, or the environment.
93+ SECTION 3. The change in law made by this Act does not apply
94+ to a cause of action that accrued before the effective date of this
95+ Act. A cause of action that accrued before the effective date of
96+ this Act is governed by the law applicable to the cause of action
97+ immediately before that date, and the former law is continued in
98+ effect for that purpose.
99+ SECTION 4. This Act takes effect September 1, 2019.