SRC-MSY, MLC S.B. 183 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 183
78R1891 SGA-DBy: Janek
State Affairs
2/26/2003
As Filed


DIGEST AND PURPOSE 

Under current Texas law, a health care provider or veterinarian can be
named in a lawsuit in connection with prescribing an allegedly defective
drug, device, or other product, even if the product has been approved by
the Federal Drug Administration.  As proposed, S.B. 183 prohibits the
prescribing health care practitioner or veterinarian from being named or
being liable in a suit for deceptive trade practices for a prescribed
drug, medical device, or blood product that has been approved by the FDA. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 17.45, Business & Commerce Code, by adding
Subdivisions (14) through (23), to define respectively the terms "advanced
practice nurse," "dentist," "device," "drug," "health care practitioner,"
"optometrist," "physician," "physician assistant," "podiatrist," and
"veterinarian."   

SECTION 2.  Amends Section 17.49, Business & Commerce Code, by adding
Subsection (d-1), to prohibit a person from naming as a defendant in a
civil action a health care practitioner or veterinarian who prescribed a
drug or device responsibly and in a manner consistent with what a
similarly licensed health care practitioner or veterinarian would have
done under similar circumstances; and to exempt such a health care
provider or veterinarian who prescribed a drug or device responsibly and
prudently from being liable to a claimant.   

SECTION 3.  Amends Section 82.001, Civil Practice and Remedies Code, by
adding Subdivisions (5) through (14), to define respectively the terms
"advanced practice nurse," "dentist," "device," "drug," "health care
practitioner," "optometrist," "physician," "physician assistant,"
"podiatrist," and "veterinarian."   

SECTION 4.  Amends Chapter 82, Civil Practice and Remedies Code, by adding
Section 82.007, as follows: 

Sec. 82.007.  EXEMPTION FROM LIABILITY FOR HEALTH CARE PRACTITIONERS AND
VETERINARIANS.  Prohibits a person from naming as a defendant in a
products liability action a health care practitioner or veterinarian who
prescribed a drug or device responsibly and in a manner consistent with
what a similarly licensed health care practitioner or veterinarian would
have done under similar circumstances; and exempts such a health care
provider or veterinarian who prescribed a drug or device responsibly and
prudently from being liable to a claimant in a products liability action,
including a class action, against the manufacturer or seller of a drug or
device, such as a blood product, that has been approved by the United
States Food and Drug Administration 

 SECTION 5.  Makes application of this Act prospective.  

SECTION 6.  Effective date: upon passage or September 1, 2003.