Texas Civil Practice and Remedies Code
§ 74.155 — LIABILITY OF PHYSICIANS, HEALTH CARE PROVIDERS, AND FIRST RESPONDERS DURING PANDEMIC
CP § 74.155Title 4. LIABILITY IN TORT · Ch. 74. MEDICAL LIABILITY · Art. D. EMERGENCY CARE
Statute text
View on source(a)In this section:
(1)"Disaster declaration" means a declaration of a state of disaster or emergency by the president of the United States applicable to the entire state, a declaration of a state of disaster by the governor under Chapter 418, Government Code, for the entire state, and any amendment, modification, or extension of the declaration.
(2)"First responder" has the meaning assigned by Section 421.095, Government Code.
(3)"Pandemic disease" means an infectious disease that spreads to a significant portion of the population of the United States and that poses a substantial risk of a significant number of human fatalities, illnesses, or permanent long-term disabilities.
(b)Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a physician, health care provider, or first responder is not liable for an injury, including economic and noneconomic damages, or death arising from care, treatment, or failure to provide care or treatment relating to or impacted by a pandemic disease or a disaster declaration related to a pandemic disease if the physician, health care provider, or first responder proves by a preponderance of the evidence that:
(1)a pandemic disease or disaster declaration related to a pandemic disease was a producing cause of the care, treatment, or failure to provide care or treatment that allegedly caused the injury or death; or
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Legislative history
Added by Acts 2021, 87th Leg., R.S., Ch. 528 (S.B. 6), Sec. 2, eff. June 14, 2021.