MIME-Version: 1.0 Content-Location: file:///C:/065B2CA5/CIVILPRACTICE.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" CIVIL PRACTICE & REMEDIES CODE 
CIVIL PRACTICE & REMEDIES CODE
 
CHAPTER 74. MEDICAL LIABILITY
 
SUBCHAPTER D. EMERGENCY CARE
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§ 74.151.  LIABI=
LITY FOR EMERGENCY CARE.  
(a)  A person who in good faith administers emer=
gency care is not liable in civil damages for an act performed during the e=
mergency unless the act is willfully or wantonly negligent, including a per=
son who:
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   (1)  Admin=
isters emergency care using an automated external defibrillator; or
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   (2)  Admin=
isters emergency care as a volunteer who is a first responder as the term i=
s defined under Section 421.095, Government Code.
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(b)  This section does not apply to care adminis=
tered:
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   (1)  for o=
r in expectation of remuneration, provided that being legally entitled to r=
eceive remuneration for the emergency care rendered shall not determine whe=
ther or not the care was administered for or in anticipation of remuneratio=
n;  or 
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   (2)  by a =
person who was at the scene of the emergency because he or a person he repr=
esents as an agent was soliciting business or seeking to perform a service =
for remuneration.
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(c), (d) Deleted b=
y Acts 2003, 78th Leg., ch. 204, § 10.01.
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(e)  This section does not apply to a person who=
se negligent act or omission was a producing cause of the emergency for whi=
ch care is being administered.
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Acts 1985, 69th Le=
g., ch. 959, § 1, eff. Sept. 1, 1985.=
  Amended by Acts 1993, 73rd Leg., ch. 960, § 1, eff. Aug.=
 30, 1993; Acts 1999, 76th Leg., ch. 679, § 2, eff. Sept. 1, 1999.  Renumbered from § 74.001[0] and amended by Acts 2003, 78th Leg., ch. =
204, § 10.01, eff. Sept. 1, 2003.
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Amended by: Acts 2=
007, 80th Leg., R.S., Ch. 705, § 1, eff. June 15, 2007.
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§ 74.152.   UNLICENSED MEDICAL PERSONNEL.  
Persons not licens=
ed or certified in the healing arts who in good faith administer emergency =
care as emergency medical service personnel are not liable in civil damages=
 for an act performed in administering the care unless the act is willfully=
 or wantonly negligent.  This =
section applies without regard to whether the care is provided for or in ex=
pectation of remuneration.
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Acts 1985, 69th Le=
g., ch. 959, § 1, eff. Sept. 1, 1985.
Renumbered from &s=
ect; 74.002 and amended by Acts 2003, 78th Leg., ch. 204, § 10.01, eff=
. Sept. 1, 2003.
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This is a section =
taken from the civil practice & remedies code, Chapter 74. Medical liab=
ility; Retrieved from http://tlo2.tlc.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=3DWUELMH=
NRWCNV&CQ_QUERY_HANDLE=3D124895&CQ_CUR_DOCUMENT=3D4&CQ_TLO_DOC_=
TEXT=3DYES  on April 29, 2=
008