By: Sibley S.B. No. 1517
A BILL TO BE ENTITLED
AN ACT
1-1 relating to health care liability claims arising out of the
1-2 provision of emergency medical care.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (3), Subsection (a), Section 1.03,
1-5 Medical Liability and Insurance Improvement Act of Texas (Article
1-6 4590i, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 (3) "Health care provider" means any person,
1-9 partnership, professional association, corporation, facility, or
1-10 institution duly licensed or chartered by the State of Texas to
1-11 provide health care as a registered nurse, hospital, dentist,
1-12 podiatrist, pharmacist, emergency medical services provider,
1-13 emergency medical services personnel, or nursing home, or an
1-14 officer, employee, or agent thereof acting in the course and scope
1-15 of his employment.
1-16 SECTION 2. Subchapter G, Medical Liability and Insurance
1-17 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
1-18 Statutes), is amended by adding Sections 7.03 and 7.04 to read as
1-19 follows:
1-20 Sec. 7.03. INSTRUCTIONS TO TRIER OF FACT. (a) In an action
1-21 for damages that involves a claim of negligence arising from the
1-22 provision of emergency medical care, the court shall instruct the
1-23 trier of fact to consider, together with all other relevant
2-1 matters:
2-2 (1) whether the person providing care did not have the
2-3 patient's medical history or was unable to obtain a full medical
2-4 history, including the knowledge of preexisting medical conditions,
2-5 allergies, and medications;
2-6 (2) the lack of a preexisting physician-patient
2-7 relationship;
2-8 (3) the circumstances constituting the emergency; and
2-9 (4) the circumstances surrounding the delivery of the
2-10 emergency medical care.
2-11 (b) The provisions of Subsection (a) of this section do not
2-12 apply to medical care or treatment:
2-13 (1) that occurs after the patient is stabilized and is
2-14 capable of receiving medical treatment as a nonemergency patient;
2-15 or
2-16 (2) that is unrelated to the original medical
2-17 emergency.
2-18 (c) In this section, "emergency medical care" has the
2-19 meaning assigned by Section 773.003(19), Health and Safety Code, as
2-20 added by Chapter 853, Acts of the 72nd Legislature, Regular
2-21 Session, 1991.
2-22 Sec. 7.04. CONFLICT WITH TEXAS RULES OF CIVIL EVIDENCE.
2-23 (a) To the extent that this subchapter conflicts with the Texas
2-24 Rules of Civil Evidence, this subchapter controls.
2-25 (b) Notwithstanding Section 22.004, Government Code, the
3-1 supreme court may not adopt or promulgate rules or amendments to
3-2 rules in conflict with this subchapter.
3-3 SECTION 3. Subsection (b), Section 14.01, Medical Liability
3-4 and Insurance Improvement Act of Texas (Article 4590i, Vernon's
3-5 Texas Civil Statutes), is amended to read as follows:
3-6 (b) In a suit involving a health care liability claim
3-7 against a physician or health care provider for injury to or the
3-8 death of a patient arising out of the provision of emergency
3-9 medical care, a person may qualify as an expert witness on the
3-10 issue of whether the physician or health care provider departed
3-11 from accepted standards of medical care or health care only if:
3-12 (1) in a claim against a physician or health care
3-13 provider who is certified in a specialty by a nationally recognized
3-14 private medical or health professional specialty organization, the
3-15 person:
3-16 (A) was actively practicing in the same
3-17 specialty as the person against whom the claim is brought at the
3-18 time the claim arose;
3-19 (B) had been certified in that specialty for a
3-20 period of not less than three years preceding the filing of the
3-21 claim;
3-22 (C) has actual knowledge of accepted standards
3-23 of medical care or health care for the diagnosis, care, or
3-24 treatment of the illness, injury, or condition involved in the
3-25 claim;
4-1 (D) is familiar with clinical practice in the
4-2 same specialty; and
4-3 (E) if the person is a physician or other health
4-4 care provider qualified to hold hospital staff privileges, held
4-5 hospital staff privileges at the time the claim arose that allowed
4-6 the performance of the procedure or treatment at issue in the
4-7 claim; or
4-8 (2) in a claim against a physician or health care
4-9 provider who is not certified in a specialty by a nationally
4-10 recognized private medical or health professional specialty
4-11 organization, the person:
4-12 (A) was actively practicing in the same or a
4-13 similar medical or health care field at the time the claim arose;
4-14 (B) has actual knowledge of accepted standards
4-15 of medical care or health care for the diagnosis, care, or
4-16 treatment of the illness, injury, or condition involved in the
4-17 claim;
4-18 (C) is familiar with clinical practice in the
4-19 field relevant to the claim; and
4-20 (D) if the person is a physician or other health
4-21 care provider qualified to hold hospital staff privileges, held
4-22 hospital staff privileges at the time the claim arose that allowed
4-23 the performance of the procedure or treatment at issue in the
4-24 claim.
4-25 (c) For the purpose of Subsection (a) of this section,
5-1 "practicing" includes, but is not limited to, training residents or
5-2 students at an accredited school of medicine or osteopathy or
5-3 serving as a consulting physician to other physicians who provide
5-4 direct patient care, upon the request of such other physicians.
5-5 For the purposes of Subsection (b) of this section, "actively
5-6 practicing" includes, but is not limited to, training residents or
5-7 students at an accredited school of medicine or osteopathy or other
5-8 health care profession, serving as a consulting physician or health
5-9 care professional to other physicians or health care professionals
5-10 who provide direct patient care at the request of such other
5-11 physicians or health care professionals, or providing direct
5-12 patient care for an average of 40 hours per month.
5-13 SECTION 4. This Act takes effect September 1, 1995.
5-14 SECTION 5. Except as provided by Sections 6 and 7 of this
5-15 Act, this Act applies only to a cause of action that accrues on or
5-16 after the effective date of this Act. An action that accrued
5-17 before the effective date of this Act is governed by the law
5-18 applicable to the action immediately before the effective date of
5-19 this Act, and that law is continued in effect for that purpose.
5-20 SECTION 6. Subchapter G, Medical Liability and Insurance
5-21 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
5-22 Statutes), as amended by this Act, applies to all actions:
5-23 (1) commenced on or after the effective date of this
5-24 Act; or
5-25 (2) pending on the effective date of this Act in which
6-1 the trial or any new trial or retrial following motion, appeal, or
6-2 otherwise, begins on or after the effective date of this Act.
6-3 SECTION 7. Section 14.01, Medical Liability and Insurance
6-4 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
6-5 Statutes), as amended by this Act, applies only to the
6-6 qualification of an expert witness on or after the effective date
6-7 of this Act. The qualification of an expert witness before the
6-8 effective date of this Act is governed by the law applicable to the
6-9 qualification of the witness as it existed immediately before the
6-10 effective date of this Act, and that law is continued in effect for
6-11 that purpose.
6-12 SECTION 8. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended.