Texas Civil Practice and Remedies Code

§ 91.002 — HEALTH CARE PRACTITIONER LIABILITY

CP § 91.002Title 4. LIABILITY IN TORT · Ch. 91. LIABILITY OF VOLUNTEER HEALTH CARE PRACTITIONERS

Statute text

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 determining the physical health and fitness of the patient 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

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1099 (S.B. 1545), Sec. 1, eff. September 1, 2011.