| 1 | 1 | | 88R3438 SCL-D |
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| 2 | 2 | | By: Hall S.B. No. 299 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to health care services provided at a hospital by a |
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| 8 | 8 | | physician who is not a member of the hospital's medical staff and |
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| 9 | 9 | | the hospital's liability for health care services provided by such |
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| 10 | 10 | | a physician. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter E, Chapter 241, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 241.1013 to read as follows: |
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| 14 | 14 | | Sec. 241.1013. SERVICES PROVIDED BY PHYSICIAN NOT ON |
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| 15 | 15 | | MEDICAL STAFF; LIMIT ON HOSPITAL LIABILITY. (a) A hospital shall |
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| 16 | 16 | | allow a physician who is not a member of the hospital's medical |
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| 17 | 17 | | staff to provide care or treatment to a patient at the hospital at |
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| 18 | 18 | | the patient's request. |
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| 19 | 19 | | (b) Notwithstanding any other law, a hospital is not liable |
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| 20 | 20 | | to a patient or another person for damages resulting from the care |
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| 21 | 21 | | or treatment provided to the patient at the hospital by a physician |
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| 22 | 22 | | described by Subsection (a). |
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| 23 | 23 | | SECTION 2. Section 241.1013(b), Health and Safety Code, as |
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| 24 | 24 | | added by this Act, applies only to a cause of action that accrues on |
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| 25 | 25 | | or after the effective date of this Act. |
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| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2023. |
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