By Tillery H.B. No. 781
77R3512 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the qualification of a treating physician as an expert.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 18, Civil Practice and
1-5 Remedies Code, is amended by adding Section 18.033 to read as
1-6 follows:
1-7 Sec. 18.033. TREATING PHYSICIAN PRESUMED QUALIFIED AS
1-8 EXPERT. (a) In this section:
1-9 (1) "Medical care" means any act defined as practicing
1-10 medicine in Section 151.002, Occupations Code.
1-11 (2) "Physician" means a person licensed to practice
1-12 medicine in this state.
1-13 (b) In a civil case, a physician actively providing medical
1-14 care to an individual is presumed qualified to provide an expert
1-15 opinion concerning:
1-16 (1) the injury, illness, or condition of the
1-17 individual for whom the physician is providing medical care; and
1-18 (2) the nature of the medical care that the physician
1-19 is providing to the individual.
1-20 (c) The presumption in Subsection (b) may be rebutted only
1-21 by clear and convincing evidence that the physician is not
1-22 qualified to provide an expert opinion concerning the matters
1-23 described in that subsection.
1-24 (d) Notwithstanding Section 22.004, Government Code, the
2-1 supreme court may not amend or adopt rules in conflict with this
2-2 section.
2-3 SECTION 2. This Act takes effect September 1, 2001, and
2-4 applies only to a case that is filed on or after that date. A case
2-5 that was filed before the effective date of this Act is governed by
2-6 the law applicable to the case immediately before the effective
2-7 date of this Act, and that law is continued in effect for that
2-8 purpose.