Section 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.Tex. Civ. Prac. and Rem. Code § 91.002
Amended by Acts 2011, 82nd Leg., R.S., Ch. 1099, Sec. 1, eff. 9/1/2011.Added by Acts 2003, 78th Leg., ch. 749, Sec. 1, eff. 9/1/2003.