EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE A. HIGHER EDUCATION IN GENERAL

CHAPTER 59.  HEALTH CARE PROFESSIONAL MALPRACTICE COVERAGE FOR CERTAIN INSTITUTIONS

SUBCHAPTER A.  HEALTH CARE PROFESSIONAL LIABILITY

Sec. 59.01.  DEFINITIONS.  In this subchapter:
(1)  "Health care professional staff members or students" means:
(A)  physicians, dentists, veterinarians, podiatrists, physician assistants, nurses, pharmacists, and other health care providers who:
(i)  are appointed to the faculty or employed by or volunteer for The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Texas State University System, the University of Houston System, Stephen F. Austin State University, or the University of North Texas System; and
(ii)  either:
(a)  are appointed or employed on a full-time basis; or
(b)  are appointed or volunteer on a part-time basis and who devote their total professional service to providing health services or provide services to patients by assignment from the department chairman; and
(B)  interns, residents, fellows, medical students, dental students, veterinary students, students of osteopathic medicine, nursing students, pharmacy students, and students of any other health care profession that requires a license, certificate, or other authorization under Title 3, Occupations Code, participating in a patient-care program in The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Texas State University System, the University of Houston System, Stephen F. Austin State University, or the University of North Texas System.
(2)  "Health care liability claim" means a cause of action against a physician or health care professional for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, health care, or veterinary care, or safety or professional or administrative services directly related to health care, which proximately results in injury to or death of a patient, whether the claim or cause of action sounds in tort or contract.
(3)  "Board" means the board of regents of The University of Texas System, the board of regents of The Texas A&M University System, the board of regents of the Texas Tech University System, the board of regents of the Texas State University System, the board of regents of the University of Houston System, the board of regents of Stephen F. Austin State University, or the board of regents of the University of North Texas System.
(4)  "Fund" means the health care professional liability fund.
(5)  "Charitable care or services" means all care or services provided for free or at discounted amounts at or below actual costs based on the ability of the beneficiary to pay and specifically includes all care and services provided to beneficiaries covered by Medicare and Medicaid.
(6)  "Medical and dental unit" has the meaning assigned by Section 61.003 of this code.
Added by Acts 1983, 68th Leg., p. 996, ch. 235, art. 2, Sec. 1(a), eff. Sept. 1, 1983.  Amended by Acts 1985, 69th Leg., ch. 117, Sec. 3(a), eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 854, Sec. 1, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 1070, Sec. 3, eff. May 15, 1988;  Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 832, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 408, Sec. 7, eff. Aug. 30, 1993.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 8, eff. May 18, 2013.
Acts 2019, 86th Leg., R.S., Ch. 8 (H.B. 826), Sec. 2, eff. May 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 225 (H.B. 1592), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 294 (H.B. 2867), Sec. 3, eff. May 29, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.022, eff. September 1, 2021.