CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 74A.  LIMITATION OF LIABILITY RELATING TO HEALTH INFORMATION EXCHANGES

Sec. 74A.001.  DEFINITIONS.  In this chapter:
(1)  "Gross negligence" has the meaning assigned by Section 41.001.
(2)  "Health care provider" means any individual, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by this state to provide health care or medical care, including a physician.  The term includes:
(A)  an officer, director, shareholder, member, partner, manager, owner, or affiliate of a physician or other health care provider; and
(B)  an employee, independent contractor, or agent of a physician or other health care provider acting in the course and scope of the employment or contractual relationship.
(3)  "Health information exchange" has the meaning assigned by Section 182.151, Health and Safety Code.  The term includes:
(A)  an officer, director, shareholder, member, partner, manager, owner, or affiliate of the health information exchange; and
(B)  an employee, independent contractor, or agent of the health information exchange acting in the course and scope of the employment or contractual relationship.
(4)  "Malice" has the meaning assigned by Section 41.001.
(5)  "Physician" means:
(A)  an individual licensed to practice medicine in this state under Subtitle B, Title 3, Occupations Code;
(B)  a professional association organized by an individual physician or a group of physicians;
(C)  a partnership or limited liability partnership formed by a group of physicians;
(D)  a limited liability company formed by a group of physicians;
(E)  a nonprofit health corporation certified by the Texas Medical Board under Chapter 162, Occupations Code; or
(F)  a single legal entity authorized to practice medicine in this state owned by a group of physicians.
Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 1, eff. September 1, 2015.