Floor Packet Page No. 246                                                   

	
Amend CSHB 4 as follows:                                                     
	On page 51, strike lines 11-14 and substitute the following, 
starting on line 11:
	(f)(1) Notwithstanding the provisions of Rule 202, Texas 
Rules of Civil Procedure, a deposition may not be taken of a 
physician or health care provider for the purpose of investigating 
a health care liability claim before the filing of lawsuit unless:
	(a) Upon receipt of written notice as required under Section 
4.01 of this Act, from a patient, patient's family or patient's 
representative, the physician or health care provider has failed, 
within the ten days specified in Section 4.01 of this Act, to 
provide complete, unaltered records; or
	(b) Upon providing the records as required under Section 4.01 
of this Act, the records are incomplete, inaccurate, illegible, 
show evidence of having been changed after the events which they 
purport to record, or fail to comply with any applicable rules, 
regulations, standards, policies or guidelines for proper 
completion of same; or
	(c) Upon providing the records as required under Section 4.01 
of this Act, it cannot be reasonably determined from the records 
provided what sequence of events occurred in the relevant treatment 
or events, or cannot be reasonably determined who was present, 
involved, participated in or observed the events in question.
		(2) If the physician or health care provider fails to 
provide the records as required under Section 4.01 of this Act, the 
patient, the patient's family, or the patient's representative 
shall be entitled to Rule 202 depositions sufficient to provide the 
information needed for them to appropriately evaluate any potential 
health care liability claim and make decisions about inclusion or 
not of potential defendants.