Section 79.0031. Liability of Volunteer Health Care Provider or Health Care Institution

TX Civ Prac & Rem Code § 79.0031 (2019) (N/A)
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Sec. 79.0031. LIABILITY OF VOLUNTEER HEALTH CARE PROVIDER OR HEALTH CARE INSTITUTION. (a) In this section:

(1) "Health care institution" has the meaning assigned by Section 74.001.

(2) "Volunteer health care provider" has the meaning assigned by Section 84.003. The term includes an individual who is not affiliated with a charitable organization.

(b) Except in the case of reckless conduct or intentional, wilful, or wanton misconduct, a volunteer health care provider is immune from civil liability for an act or omission that occurs in giving care, assistance, or advice if the care, assistance, or advice is provided:

(1) in relation to an incident that is a man-made or natural disaster that endangers or threatens to endanger individuals, property, or the environment; and

(2) within the scope of the provider's practice under the laws of this state.

(c) A health care institution is immune from civil liability for an act or omission by a volunteer health care provider providing care, assistance, or advice at the institution's facility or under the institution's direction if:

(1) the provider is immune from civil liability under Subsection (b); and

(2) the institution does not have an expectation of compensation from or on behalf of the recipient of the care, assistance, or advice in excess of reimbursement for expenses incurred by the institution in connection with the provision of the care, assistance, or advice.

(d) The immunity provided by this section is in addition to any other immunity or limitations of liability provided by law.

Added by Acts 2019, 86th Leg., R.S., Ch. 74 (S.B. 752), Sec. 1, eff. September 1, 2019.