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Statutes > Texas > Civil-practice-and-remedies-code > Title-4-liability-in-tort > Chapter-91-liability-of-volunteer-health-care-practitioners
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.
State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-4-liability-in-tort > Chapter-91-liability-of-volunteer-health-care-practitioners
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.
State Codes and Statutes
Statutes >
Texas >
Civil-practice-and-remedies-code >
Title-4-liability-in-tort >
Chapter-91-liability-of-volunteer-health-care-practitioners 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.
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