Bill Text: TX HB1353 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to liability of volunteer health care providers and health care institutions for care, assistance, or advice provided in relation to a disaster.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-06 - Laid on the table subject to call [HB1353 Detail]

Download: Texas-2019-HB1353-Introduced.html
  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.
feedback