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
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 |
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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. |