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