§ 74.151. Liability for Emergency Care

Codes > Texas Civil Practice and Remedies Code > Title 4 > Chapter 74. : Subchapter D. > 74.151. Liability

Section 74.151. Liability for Emergency Care

(a)  A person who in good faith administers emergency care, including using an automated external defibrillator, is not liable in civil damages for an act performed during the emergency unless the act is wilfully
or wantonly negligent.

(b)  This section does not apply to care administered:                        

    (1)  for or in expectation of remuneration, provided
that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration;  or

    (2)  by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.

(c), (d) Deleted by Acts 2003, 78th Leg., ch. 204, § 10.01.                

(e)  This section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered.

Acts 1985, 69th Leg., 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 and amended by Acts 2003, 78th Leg., ch. 204, § 10.01, eff. Sept. 1, 2003.