CHAPTER 91. LIABILITY OF VOLUNTEER HEALTH CARE PRACTITIONERS - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 91. LIABILITY OF VOLUNTEER HEALTH CARE PRACTITIONERS

Sec. 91.001. DEFINITIONS. In this chapter:

(1) "Health care practitioner" means a person who is licensed:

(A) to practice medicine under Subtitle B, Title 3, Occupations

Code;

(B) as a physician assistant under Chapter 204, Occupations

Code;

(C) as an advanced nurse practitioner under Chapter 301,

Occupations Code; or

(D) as a chiropractor under Chapter 201, Occupations Code.

(2) "School" means any private or public school offering

academic instruction in any grade level from kindergarten through

grade 12.

Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1,

2003.

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

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.

Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1,

2003.

Sec. 91.003. INSURANCE REQUIRED. (a) Section 91.002 applies

only to a health care practitioner who has liability insurance

coverage in effect to cover any act or omission to which this

chapter applies. The health care practitioner's liability

coverage must cover the acts or omissions of the health care

practitioner and must be in the amount of at least $100,000 per

person and $300,000 for each single occurrence of death or bodily

injury and $100,000 for each single occurrence for injury to or

destruction of property.

(b) The coverage may be provided under a contract of insurance

or other plan of insurance and may be satisfied by the purchase

of a $300,000 bodily injury and property damage combined

single-limit policy.

Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1,

2003.

Sec. 91.004. APPLICABILITY. (a) This chapter does not apply to

an act or omission that is intentional, wilfully or wantonly

negligent, or done with conscious indifference or reckless

disregard for the safety of others.

(b) This chapter does not:

(1) limit the liability of a school district to its students,

teachers, or staff; or

(2) affect a school district's liability limits or immunities

under Chapter 101.

(c) This chapter does not apply to a governmental unit or

employee of a governmental unit as defined by Section 101.001.

(d) This chapter does not limit the liability of an insurer or

insurance plan in an action under Chapter 21, Insurance Code, or

in an action for bad faith conduct, breach of fiduciary duty, or

negligent failure to settle a claim.

Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. Sept. 1,

2003.