S.B. No. 1545

	AN ACT
	relating to the liability of a volunteer health care practitioner
	who conducts a physical examination or medical screening of a
	student athlete.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 91.002, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 91.002.  HEALTH CARE PRACTITIONER LIABILITY. Subject
	to Section 91.003, a health care practitioner who, without
	compensation or expectation of compensation, conducts a physical
	examination or medical screening of a patient for the purpose of
	determining the physical health and fitness of the patient
	[certifying the patient's eligibility] to participate in a
	school-sponsored extracurricular or sporting activity is immune
	from civil liability for any act or omission resulting in the death
	of or injury to the patient if:
	(1)  the health care practitioner was acting in good
	faith and in the course and scope of the health care practitioner's
	duties;
	(2)  the health care practitioner commits the act or
	omission in the course of conducting the physical examination or
	medical screening of the patient;
	(3)  the services provided to the patient are within
	the scope of the license of the health care practitioner; and
	(4)  before the health care practitioner conducts the
	physical examination or medical screening, the patient or, if the
	patient is a minor or is otherwise legally incompetent, the
	patient's parent, managing conservator, legal guardian, or other
	person with legal responsibility for the care of the patient signs a
	written statement that acknowledges:
	(A)  that the health care practitioner is
	conducting a physical examination or medical screening that is not
	administered for or in expectation of compensation; and
	(B)  the limitations on the recovery of damages
	from the health care practitioner in connection with the physical
	examination or medical screening being performed.
	SECTION 2.  Section 91.002, Civil Practice and Remedies
	Code, as amended by this Act, applies only to the death of or injury
	to a patient that occurs on or after the effective date of this Act.
	The death of or injury to a patient that occurs before the effective
	date of this Act is governed by the law in effect immediately before
	the effective date of this Act, and that law is continued in effect
	for that purpose.
	SECTION 3.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1545 passed the Senate on
	April 14, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1545 passed the House on
	May 25, 2011, by the following vote:  Yeas 147, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor