This is an informational bulletin to apprise you of statutory provisions that may affect your medical professional liability underwriting practices.
In 1999, the 76th Legislature enacted Senate Bill 215 relating to the liability of certain health care providers. The bill amended Civil Practice and Remedies Code Sections 84.003, Definitions, and 84.004, Volunteer Liability. The definition of volunteer health care provider in Section 84.003 was amended to include physicians and surgeons, physician assistants, registered nurses, advanced nurse practitioners, licensed vocational nurses, pharmacists, podiatrists, dentists, dental hygienists, optometrists, therapeutic optometrists and retirees in these categories when the individual volunteers provide health care services without compensation or expectation of compensation. In Section 84.004, the legislation extends immunity, subject to certain requirements, to these volunteer health care providers for their uncompensated charitable work.
Insurers and other entities underwriting charitable organizations providing health care services should review their underwriting practices and insurance requirements in regard to volunteer health care providers working for these organizations. Please reevaluate your underwriting guidelines and determine whether the immunity established for volunteer health care providers changes requirements for these volunteers to purchase their own professional liability coverage.
For additional information on this bulletin, you may contact Kenneth P. McDaniel at 512-322-3445 or e-mail Ken.McDaniel@tdi.state.tx.us.
Sincerely,
Marilyn Hamilton, Associate Commissioner
Property & Casualty Program MC 104-PC