87R3750 BRG-F
By: Smith H.B. No. 3747
A BILL TO BE ENTITLED
AN ACT
relating to liability of health care providers for certain claims
arising during a disaster or emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The purposes of this Act are to:
(1) provide for prompt and swift medical and health
care responses to individuals in this state suffering from a
man-made or natural disaster, including a state of disaster or
emergency in this state declared by the president of the United
States or a state of disaster declared by the governor under Section
418.014, Government Code;
(2) recognize that many physicians and health care
providers responding to these situations may not have the full
benefits of the medical devices and facilities they would in
non-disaster situations;
(3) encourage physicians and health care providers
from other states to respond, if necessary, to a state of disaster
or emergency in this state declared by the president of the United
States or a state of disaster declared by the governor under Section
418.014, Government Code; and
(4) ensure that the focus and resources of physicians
and health care providers in these situations are being properly
directed after a state of disaster or emergency is declared by the
president of the United States or a state of disaster is declared by
the governor under Section 418.014, Government Code.
SECTION 2. The heading to Section 79.0031, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 79.0031. LIABILITY OF [VOLUNTEER] HEALTH CARE PROVIDER
OR HEALTH CARE INSTITUTION.
SECTION 3. Sections 79.0031(a), (b), and (c), Civil
Practice and Remedies Code, are amended to read as follows:
(a) In this section:
(1) "Health care institution" has the meaning assigned
by Section 74.001.
(2) "Health care liability claim" has the meaning
assigned by Section 74.001.
(3) "Health [Volunteer health] care provider" means:
(A) a first responder, as that term is defined by
Section 421.095, Government Code;
(B) a health care provider, as that term is
defined by Section 74.001;
(C) a physician, as that term is defined by
Section 74.001; and
(D) a volunteer health care provider, as that
term is defined [has the meaning assigned] by Section 84.003,
regardless of whether the [. The term includes an] individual [who]
is [not] affiliated with a charitable organization.
(b) Except in the case of reckless conduct or intentional,
wilful, or wanton misconduct, a [volunteer] health care provider is
immune from civil liability for an act or omission that occurs in,
or a health care liability claim that arises out of, giving care,
assistance, or advice if:
(1) the care, assistance, or advice is provided:
(A) [(1)] in relation to an incident that is a
man-made or natural disaster that endangers or threatens to
endanger individuals, property, or the environment; and
(B) [(2)] within the scope of the provider's
practice under the laws of this state; or
(2) the care, assistance, or advice is provided:
(A) in relation to a national or statewide health
care emergency that results in a declaration of a state of disaster
or emergency by the president of the United States or a declaration
of a state of disaster by the governor under Chapter 418, Government
Code;
(B) during a period beginning on the date the
declaration is made and ending 60 days after the date the
declaration terminates; and
(C) within the scope of the provider's practice
under the laws of this state.
(c) A health care institution is immune from civil liability
for:
(1) an act or omission by a [volunteer] health care
provider providing care, assistance, or advice at the institution's
facility or under the institution's direction if [:
[(1)] the provider is immune from civil liability under
Subsection (b); or [and]
(2) a health care liability claim arising out of the
circumstances described by Subsection (b) [the institution does not
have an expectation of compensation from or on behalf of the
recipient of the care, assistance, or advice in excess of
reimbursement for expenses incurred by the institution in
connection with the provision of the care, assistance, or advice].
SECTION 4. Section 79.0031, Civil Practice and Remedies
Code, as amended by this Act, applies only to a cause of action that
accrues on or after 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 the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.