(a) This chapter does not apply to a person who donates a device:
(1) knowing that use of the device would be harmful to the health or well-being of another person;
(2) with actual conscious indifference to the health or well-being of another person; or
(3) in violation of state or federal law.
(b) This chapter does not apply to a nonprofit health care organization unless the organization has liability insurance in effect that satisfies the requirements of Section 84.007(g).