1-1  By:  Parker, Lucio                                    S.B. No. 1409
    1-2        (In the Senate - Filed April 22, 1993; April 22, 1993, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  May 4, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; May 4, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis                                          x   
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom                                         x   
   1-16        Madla              x                               
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 1409                  By:  Parker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to medical liability actions and medical liability
   1-24  insurance; providing penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 41.02, Part 4, Chapter 817, Acts of the
   1-27  65th Legislature, Regular Session, 1977, as it relates to Parts 2
   1-28  and 3 of that chapter, not previously repealed by Section 2,
   1-29  Chapter 608, Acts of the 72nd Legislature, Regular Session, 1991,
   1-30  is hereby repealed.
   1-31        SECTION 2.  Section 41.02, Part 4, Chapter 817, Acts of the
   1-32  65th Legislature, Regular Session, 1977, is amended to read as
   1-33  follows:
   1-34        Sec. 41.02.  Part 1 of this <This> Act expires at midnight on
   1-35  August 31, 2009 <1993>.
   1-36        SECTION 3.  Section 10.02, Medical Liability and Insurance
   1-37  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
   1-38  Statutes), is amended to read as follows:
   1-39        Sec. 10.02.  ACTIONS AGAINST HEALTH CARE PROVIDERS WHOSE
   1-40  IDENTITY OR ROLE IS UNKNOWN.  (a)  For the purposes of tolling the
   1-41  statute of limitations in a health care liability claim, any person
   1-42  may file a petition stating a health care liability claim in the
   1-43  appropriate court of this state, whenever the identity or role of
   1-44  any health care provider is unknown.
   1-45        (b)  The name of any such unknown health care provider shall
   1-46  be designated by the pseudonym John Doe or, if there is more than
   1-47  one tortfeasor, John Doe 1, John Doe 2, John Doe 3, etcetera.
   1-48        (c)  After filing the petition designating a John Doe, the
   1-49  filing party shall proceed with due diligence to discover the
   1-50  identity or role of the health care provider described by the
   1-51  pseudonym and, on determining the identity and role of the health
   1-52  care provider, the petition shall be amended by substituting the
   1-53  real name for the pseudonym, no later than the 120th day after the
   1-54  filing of the petition naming a John Doe.
   1-55        (d)  If the party added by amendment in accordance with this
   1-56  section did not receive notice as provided by Section 4.01 of this
   1-57  Act, that party shall be entitled on request to the court to an
   1-58  abatement of the lawsuit for such time as the court shall determine
   1-59  is appropriate under the circumstances of the case but not to
   1-60  exceed 60 days following the date of service of citation.  <CAUSES
   1-61  OF ACTION COVERED BY OTHER LAW.  Causes of action accruing between
   1-62  the effective date of this Act and the effective date of Article
   1-63  5.82, Insurance Code, shall be filed pursuant to Section 4 of
   1-64  Article 5.82.>
   1-65        SECTION 4.  The Medical Liability and Insurance Improvement
   1-66  Act of Texas (Article 4590i, Vernon's Texas Civil Statutes), is
   1-67  amended by adding Subchapter M to read as follows:
   1-68                 SUBCHAPTER M.  PROCEDURAL PROVISIONS
    2-1        Sec. 13.01.  AFFIDAVIT OR COST BOND.  (a)  In a health care
    2-2  liability claim, the plaintiff's attorney or, if the plaintiff is
    2-3  not represented by an attorney, the plaintiff shall, within 90 days
    2-4  after the date the action was commenced, file an affidavit
    2-5  attesting that the attorney or plaintiff has obtained a written
    2-6  opinion from an expert who has knowledge of accepted standards of
    2-7  care for the diagnosis, care, or treatment of the illness, injury,
    2-8  or condition involved in the claim, that the acts or omissions of
    2-9  the physician or health care provider were negligent and a
   2-10  proximate cause of the injury, harm, or damages claimed.
   2-11        (b)  A plaintiff or plaintiff's attorney shall be deemed to
   2-12  be in compliance with Subsection (a) of this section if, within 90
   2-13  days after the date the action was commenced, the plaintiff posts a
   2-14  bond with surety or any other equivalent security approved by the
   2-15  court, including cash in an escrow account, for costs in an amount
   2-16  of $2,000.
   2-17        (c)  If on the expiration of the 90th day after the date the
   2-18  action was commenced or the expiration of the extension period
   2-19  described in Subsection (d) of this section, whichever is later,
   2-20  the plaintiff has failed to post security as described in
   2-21  Subsection (b) of this section or alternatively has failed to file
   2-22  an affidavit as described in Subsection (a) of this section, then
   2-23  the court on the motion of any party or on the court's own motion
   2-24  shall increase the amount of security required by Subsection (b) of
   2-25  this section to an amount not to exceed $4,000.  If the plaintiff
   2-26  fails to post the increased security within 30 days after being
   2-27  served with a copy of the court's order or fails to provide an
   2-28  affidavit as provided by Subsection (a) of this section, the court
   2-29  shall on motion unless good cause is shown for such failure dismiss
   2-30  the action without prejudice to its refiling and assess costs of
   2-31  court against plaintiff.
   2-32        (d)  The court on motion of any party and for good cause
   2-33  shown may extend the time for the plaintiff to comply with
   2-34  Subsection (a) or (b) of this section for a period not to exceed 90
   2-35  days.  The time for the plaintiff to comply with Subsection (a) or
   2-36  (b) of this section may also be extended by written agreement of
   2-37  the parties filed with the court.
   2-38        (e)  Discovery concerning the affidavit, including the
   2-39  written opinion and the identity of the physician or health care
   2-40  provider who supplied the opinion, shall not be allowed unless the
   2-41  physician or health care provider who supplied the opinion is
   2-42  designated as an expert witness by the plaintiff.
   2-43        Sec. 13.02.  DISCOVERY PROCEDURES.  (a)  In every health care
   2-44  liability claim the plaintiff shall within 45 days after the date
   2-45  of filing of the original petition serve on the defendant's
   2-46  attorney or, if no attorney has appeared for the defendant, on the
   2-47  defendant full and complete answers to the appropriate standard set
   2-48  of interrogatories and full and complete responses to the
   2-49  appropriate  standard set of requests for production of documents
   2-50  and things promulgated in accordance with Subsection (c) of this
   2-51  section.
   2-52        (b)  Every physician or health care provider who is a
   2-53  defendant in a health care liability claim shall within 45 days
   2-54  after the date on which an answer to the petition was due serve on
   2-55  the plaintiff's attorney or, if the plaintiff is not represented by
   2-56  an attorney, on the plaintiff full and complete answers to the
   2-57  appropriate standard set of interrogatories and complete responses
   2-58  to the standard set of requests for production of documents and
   2-59  things promulgated pursuant to Subsection (c) of this section.
   2-60        (c)  The chief justice of the Supreme Court of Texas shall
   2-61  within 30 days after the effective date of this Act appoint as
   2-62  members of the Health Care Liability Discovery Panel three persons
   2-63  from a list of attorneys to be submitted by a statewide association
   2-64  of attorneys whose members include persons who customarily
   2-65  represent patients in health care liability actions and three
   2-66  persons from a list of attorneys to be submitted by a statewide
   2-67  association of attorneys whose members include persons who
   2-68  customarily represent defendants in health care liability actions.
   2-69  Members of the Health Care Liability Discovery Panel serve without
   2-70  compensation.  On or before the 1st day of November, 1993, the
    3-1  Health Care Liability Discovery Panel shall promulgate standard
    3-2  sets of interrogatories and requests for production of documents
    3-3  and things appropriate for each of the categories of plaintiffs and
    3-4  defendants usually involved in health care liability claims.  In
    3-5  preparing standard sets of interrogatories  the Health Care
    3-6  Liability Discovery Panel shall not be restricted in number by any
    3-7  limit imposed under the Texas Rules of Civil Procedure.
    3-8        (d)  The Supreme Court of Texas shall review the standard
    3-9  sets of interrogatories and requests for production of documents
   3-10  and things promulgated by the Health Care Liability Discovery Panel
   3-11  and shall, no later than January 1, 1994, approve them in their
   3-12  entirety, disapprove them in their entirety, or approve them with
   3-13  modifications.  If the supreme court disapproves such standard sets
   3-14  of interrogatories and requests for production of documents and
   3-15  things in their entirety, then such standard sets shall be null and
   3-16  void and of no effect, and the Health Care Liability Discovery
   3-17  Panel shall be disbanded.  If the supreme court approves such
   3-18  standard sets of interrogatories and requests for production of
   3-19  documents and things with modifications, then the Health Care
   3-20  Liability Discovery Panel shall either approve or disapprove of
   3-21  such standard sets of interrogatories and requests for production
   3-22  of documents and things as modified by the supreme court by a vote
   3-23  of at least five of the six members of the panel.  If the
   3-24  modifications made by the supreme court fail to obtain the
   3-25  necessary vote for approval by the panel, then such standard sets
   3-26  of interrogatories and requests for production of documents and
   3-27  things shall be null and void and of no effect and the panel shall
   3-28  be disbanded.  If the panel approves the modified standard sets of
   3-29  interrogatories and requests for production of documents and
   3-30  things, then the supreme court shall proceed to publish the
   3-31  standard sets in accordance with Subsection (e) of this section.
   3-32        (e)  As soon as practical after the approval of such standard
   3-33  sets of interrogatories and requests for production of documents
   3-34  and things by the Health Care Liability Discovery Panel and the
   3-35  Supreme Court of Texas, and in any event no later than February 1,
   3-36  1994, the supreme court shall publish such standard sets.
   3-37  Notwithstanding any other law, the supreme court shall not be
   3-38  required to publish such standard sets of interrogatories and
   3-39  requests for production of documents and things for public comment.
   3-40  Beginning on April 1, 1994, all plaintiffs and all physicians or
   3-41  health care providers who are defendants in a health care liability
   3-42  claim in which the plaintiff's original petition is filed on or
   3-43  after that date shall file full and complete answers and responses
   3-44  in accordance with Subsections (a) and (b) of this section.
   3-45        (f)  Nothing in this section shall limit or impede the
   3-46  Supreme Court of Texas in exercising its rulemaking authority
   3-47  pursuant to Sections 22.003 and 22.004, Government Code.
   3-48        (g)  Except on motion and for good cause shown, no objection
   3-49  may be asserted regarding any standard interrogatory or request for
   3-50  production of documents and things, but no response shall be
   3-51  required where a particular interrogatory or request is clearly
   3-52  inapplicable under the circumstances of the case.
   3-53        (h)  Failure to file full and complete answers and responses
   3-54  to standard interrogatories and requests for production of
   3-55  documents and things in accordance with Subsections (a) and (b) of
   3-56  this section or the making of a groundless objection under
   3-57  Subsection (g) of this section shall be grounds for sanctions by
   3-58  the court in accordance with the Texas Rules of Civil Procedure on
   3-59  motion of any party.
   3-60        (i)  The time limits imposed under Subsections (a) and (b) of
   3-61  this section may be extended by the court on the motion of a
   3-62  responding party for good cause shown and shall be extended if
   3-63  agreed in writing between the responding party and all opposing
   3-64  parties.  In no event shall an extension be for a period of more
   3-65  than an additional 30 days.
   3-66        (j)  If a party is added by an amended pleading,
   3-67  intervention, or otherwise, the new party shall file full and
   3-68  complete answers to the appropriate standard set of interrogatories
   3-69  and full and complete responses to the standard set of requests for
   3-70  production of documents and things no later than 45 days after the
    4-1  date of filing of the pleading by which the party first appeared in
    4-2  the action.
    4-3        (k)  If information or documents required to provide full and
    4-4  complete answers and responses as required by this section are not
    4-5  in the possession of the responding party or attorney when the
    4-6  answers or responses are filed, the party shall supplement the
    4-7  answers and responses in accordance with the Texas Rules of Civil
    4-8  Procedure.
    4-9        (l)  Nothing in this section shall preclude any party from
   4-10  taking additional non-duplicative discovery of any other party.
   4-11  The standard sets of interrogatories provided for in this section
   4-12  shall not constitute, as to each plaintiff and each physician or
   4-13  health care provider who is a defendant, the first of the two sets
   4-14  of interrogatories permitted under the Texas Rules of Civil
   4-15  Procedure.
   4-16        (m)  Notwithstanding any other provisions of this section, if
   4-17  a court of this state has, prior to the effective date of this
   4-18  section, signed an order in tort litigation in which cases have
   4-19  been consolidated for discovery, providing for standard sets of
   4-20  interrogatories and requests for production of documents and
   4-21  things, compliance with such an order shall be deemed to be
   4-22  compliance with the requirements of this section.
   4-23        SECTION 5.  The Medical Liability and Insurance Improvement
   4-24  Act of Texas (Article 4590i, Vernon's Texas Civil Statutes), is
   4-25  amended by adding Subchapter O to read as follows:
   4-26                 SUBCHAPTER O. ARBITRATION AGREEMENTS
   4-27        Sec. 15.01.  ARBITRATION AGREEMENTS.  (a)  No physician,
   4-28  professional association of physicians, or other health care
   4-29  provider shall request or require a patient or prospective patient
   4-30  to execute an agreement to arbitrate a health care liability claim
   4-31  unless the form of agreement delivered to the patient contains a
   4-32  written notice in 10-point boldface type clearly and conspicuously
   4-33  stating:
   4-34              UNDER TEXAS LAW, THIS AGREEMENT IS INVALID
   4-35              AND OF NO LEGAL EFFECT UNLESS IT IS ALSO
   4-36              SIGNED BY AN ATTORNEY OF YOUR OWN CHOOSING.
   4-37              THIS AGREEMENT CONTAINS A WAIVER OF
   4-38              IMPORTANT LEGAL RIGHTS, INCLUDING YOUR
   4-39              RIGHT TO A JURY.  YOU SHOULD NOT SIGN THIS
   4-40              AGREEMENT WITHOUT FIRST CONSULTING WITH AN
   4-41              ATTORNEY.
   4-42        (b)  A violation of this section by a physician or
   4-43  professional association of physicians constitutes a violation of
   4-44  the Medical Practice Act (Article 4495b, Vernon's Texas Civil
   4-45  Statutes), and shall be subject to the enforcement provisions and
   4-46  sanctions contained in Subchapter D of that Act.
   4-47        (c)  A violation of this section by a health care provider
   4-48  other than a physician shall constitute a false, misleading, or
   4-49  deceptive act or practice in the conduct of trade or commerce
   4-50  within the meaning of Section 17.46 of the Deceptive Trade
   4-51  Practices-Consumer Protection Act (Subchapter E, Chapter 17,
   4-52  Business & Commerce Code), and shall be subject to an enforcement
   4-53  action by the consumer protection division pursuant to said Act and
   4-54  subject to the penalties and remedies contained in Section 17.47 of
   4-55  that Act, notwithstanding Section 12.01 of this Act or any other
   4-56  law.
   4-57        (d)  Notwithstanding any other provision of this section, a
   4-58  person who is found to be in violation of this section for the
   4-59  first time shall be subject only to injunctive relief or other
   4-60  appropriate order requiring the person to cease and desist from
   4-61  such violation, and not to any other penalty or sanction.
   4-62        SECTION 6.  Section 4.01, Medical Liability and Insurance
   4-63  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
   4-64  Statutes), is amended by adding Subsection (e) to read as follows:
   4-65        (e)  For the purposes of this section, and notwithstanding
   4-66  Section 5.08, Medical Practices Act (Article 4495b, Vernon's Texas
   4-67  Civil Statutes), or any other law, a request for the medical
   4-68  records of a deceased person or a person who is incompetent shall
   4-69  be deemed to be valid if accompanied by an authorization signed by
   4-70  a parent, spouse, or adult child of the deceased or incapacitated
    5-1  person.
    5-2        SECTION 7.  Section 14.01, Medical Liability and Insurance
    5-3  Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
    5-4  Statutes), is amended to read as follows:
    5-5        Sec. 14.01.  QUALIFICATION OF EXPERT WITNESS IN SUIT AGAINST
    5-6  PHYSICIAN.  (a)  In a suit involving a health care liability claim
    5-7  against a physician or health care provider for injury to or death
    5-8  of a patient, a person may qualify as an expert witness on the
    5-9  issue of whether the physician or health care provider departed
   5-10  from accepted standards of <medical> care only if:
   5-11              (1)  the person is practicing as a physician or a
   5-12  health care provider at the time such testimony is given or was
   5-13  practicing as a physician or a health care provider at the time the
   5-14  claim arose and has knowledge of accepted standards of <medical>
   5-15  care for the diagnosis, care, or treatment of the illness, injury,
   5-16  or condition involved in the claim; <or>
   5-17              (2)  the court, after a hearing conducted outside the
   5-18  presence of the jury, determines that the person is otherwise
   5-19  qualified to give expert testimony on said issue; or
   5-20              (3)  the issue about which the witness will give
   5-21  testimony involves administrative functions and the witness has
   5-22  knowledge of accepted standards of care even though the witness may
   5-23  not be a physician or health care provider.
   5-24        (b)  For the purpose of this section, "practicing" for
   5-25  physicians includes, but is not limited to, training residents or
   5-26  students at an accredited school of medicine or osteopathy or
   5-27  serving as a consulting physician to other physicians who provide
   5-28  direct patient care, upon the request of such other physicians,
   5-29  and, for other health care providers, "practicing" includes, but is
   5-30  not limited to, training students at an accredited school of health
   5-31  care through which the health care provider receives training or
   5-32  serving as a consulting health care provider to other similar
   5-33  health care providers who provide direct patient care, on the
   5-34  request of such other health care providers.
   5-35        SECTION 8.  Section 161.032, Health and Safety Code, is
   5-36  amended to read as follows:
   5-37        Sec. 161.032.  RECORDS AND PROCEEDINGS CONFIDENTIAL.
   5-38  (a)  The records and proceedings of a medical committee are
   5-39  confidential and are not subject to court subpoena.
   5-40        (b)  The records and proceedings may be used by the committee
   5-41  and the committee members only in the exercise of proper committee
   5-42  functions.
   5-43        (c)  This section and Section 5.06, Medical Practices Act
   5-44  (Article 4495b, Vernon's Texas Civil Statutes), do <does> not apply
   5-45  to records made or maintained in the regular course of business by
   5-46  a hospital, health maintenance organization, medical organization,
   5-47  university medical center or health science center, or extended
   5-48  care facility.
   5-49        SECTION 9.  Subsection (g), Section 5.08, (Article 4495b,
   5-50  Vernon's Texas Civil Statutes), is amended to read as follows:
   5-51        (g)  Exceptions to confidentiality or privilege in court or
   5-52  administrative proceedings exist:
   5-53              (1)  when the proceedings are brought by the patient
   5-54  against a physician, including but not limited to malpractice
   5-55  proceedings, and any criminal or license revocation proceeding in
   5-56  which the patient is a complaining witness and in which disclosure
   5-57  is relevant to the claims or defense of a physician;
   5-58              (2)  when the patient or someone authorized to act on
   5-59  his behalf submits a written consent to the release of any
   5-60  confidential information, as provided in Subsection (j) of this
   5-61  section;
   5-62              (3)  when the purpose of the proceedings is to
   5-63  substantiate and collect on a claim for medical services rendered
   5-64  to the patient;
   5-65              (4)  in any civil litigation or administrative
   5-66  proceeding, if relevant, brought by the patient or someone on the
   5-67  patient's <his> behalf, if the patient is attempting to recover
   5-68  monetary damages for any physical or mental condition, including
   5-69  the death of the patient, or, with the deletion of the patient's
   5-70  name and other identifying information, in any civil litigation or
    6-1  administrative proceeding brought by another person to recover
    6-2  monetary damages for any physical or mental injury or death, if the
    6-3  claimant makes a prima facie showing to the court, through
    6-4  responses to interrogatories or requests for admissions, by an
    6-5  affidavit or through other verified evidence, that such records are
    6-6  relevant to a claim or defense.   Any information is discoverable
    6-7  in any court or administrative proceeding in this state if the
    6-8  court or administrative body has jurisdiction over the subject
    6-9  matter, pursuant to rules of procedure specified for the matters.
   6-10  Nothing in this subsection shall prejudice the right of a health
   6-11  care provider or physician to request an appropriate protective
   6-12  order pursuant to the Texas Rules of Civil Procedure;
   6-13              (5)  in any disciplinary investigation or proceeding of
   6-14  a physician conducted under or pursuant to this Act, provided that
   6-15  the board shall protect the identity of any patient whose medical
   6-16  records are examined, except for those patients covered under
   6-17  Subdivision (1) of Subsection (g) of this section or those patients
   6-18  who have submitted written consent to the release of their medical
   6-19  records as provided by Subsection (j) of this section;
   6-20              (6)  in any criminal investigation of a physician in
   6-21  which the board is participating or assisting in the investigation
   6-22  or proceeding by providing certain medical records obtained from
   6-23  the physician, provided that the board shall protect the identity
   6-24  of any patient whose medical records are provided in the
   6-25  investigation or proceeding, except for those patients covered
   6-26  under Subdivision (1) of Subsection (g) of this section or those
   6-27  patients who have submitted written consent to the release of their
   6-28  medical records as provided by Subsection (j) of this section.
   6-29  This subsection does not authorize the release of any confidential
   6-30  information for the purpose of instigating or substantiating
   6-31  criminal charges against a patient;
   6-32              (7)  in an involuntary civil commitment proceeding,
   6-33  proceeding for court-ordered treatment, or probable cause hearing
   6-34  under:
   6-35                    (A)  the Texas Mental Health Code (Article 5547-1
   6-36  et seq., Vernon's Texas Civil Statutes);
   6-37                    (B)  the Mentally Retarded Persons Act of 1977
   6-38  (Article 5547-300, Vernon's Texas Civil Statutes);
   6-39                    (C)  Section 9, Chapter 411, Acts of the 53rd
   6-40  Legislature, Regular Session, 1953 (Article 5561c, Vernon's Texas
   6-41  Civil Statutes);
   6-42                    (D)  Section 2, Chapter 543, Acts of the 61st
   6-43  Legislature, Regular Session, 1969 (Article 5561c-1, Vernon's Texas
   6-44  Civil Statutes); or
   6-45              (8)  in any criminal prosecution where the patient is a
   6-46  victim, witness, or defendant.  Records are not discoverable until
   6-47  the court in which the prosecution is pending makes an in camera
   6-48  determination as to the relevancy of the records or communications
   6-49  or any portion thereof.  Such determination shall not constitute a
   6-50  determination as to the admissibility of such records or
   6-51  communications or any portion thereof.
   6-52        SECTION 10.  This Act takes effect immediately except that
   6-53  Sections 3, 4, 5, 6, 7, 8, and 9 take effect on September 1, 1993.
   6-54        SECTION 11.  The importance of this legislation and the
   6-55  crowded condition of the calendars in both houses create an
   6-56  emergency and an imperative public necessity that the
   6-57  constitutional rule requiring bills to be read on three several
   6-58  days in each house be suspended, and this rule is hereby suspended,
   6-59  and that this Act take effect and be in force according to its
   6-60  terms, and it is so enacted.
   6-61                               * * * * *
   6-62                                                         Austin,
   6-63  Texas
   6-64                                                         May 4, 1993
   6-65  Hon. Bob Bullock
   6-66  President of the Senate
   6-67  Sir:
   6-68  We, your Committee on Economic Development to which was referred
   6-69  S.B. No. 1409, have had the same under consideration, and I am
   6-70  instructed to report it back to the Senate with the recommendation
    7-1  that it do not pass, but that the Committee Substitute adopted in
    7-2  lieu thereof do pass and be printed.
    7-3                                                         Parker,
    7-4  Chairman
    7-5                               * * * * *
    7-6                               WITNESSES
    7-7                                                  FOR   AGAINST  ON
    7-8  ___________________________________________________________________
    7-9  Name:  Edwin H. Fisher, Jr.                      x
   7-10  Representing:  The Medical Protective Co.
   7-11  City:  Ft. Wayne
   7-12  -------------------------------------------------------------------
   7-13  Name:  Bob Fields                                x
   7-14  Representing:  TX Medical Liability Trust
   7-15  City:  Austin
   7-16  -------------------------------------------------------------------
   7-17  Name:  Reggie James                              x
   7-18  Representing:  Consumers Union
   7-19  City:  Austin
   7-20  -------------------------------------------------------------------
   7-21  Name:  Dan Price                                         x
   7-22  Representing:  TX Assn. of Defense Counsel
   7-23  City:  Austin
   7-24  -------------------------------------------------------------------
   7-25  Name:  Michael G. Mullen                         x
   7-26  Representing:  TMA
   7-27  City:  Austin
   7-28  -------------------------------------------------------------------
   7-29  Name:  Harold Freeman                            x
   7-30  Representing:  TMA
   7-31  City:  Austin
   7-32  -------------------------------------------------------------------
   7-33  Name:  Charles Bailey                                          x
   7-34  Representing:  Texas Hospital Association
   7-35  City:  Austin
   7-36  -------------------------------------------------------------------
   7-37  Name:  Timothy M. Sulak                          x
   7-38  Representing:  TTLA
   7-39  City:  Austin
   7-40  -------------------------------------------------------------------