78R1891 SGA-D

By:  Janek                                                        S.B. No. 183



A BILL TO BE ENTITLED

AN ACT

relating to the liability of certain health care practitioners and 
veterinarians for prescribing approved drugs or devices.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 17.45, Business & Commerce Code, is 
amended by adding Subdivisions (14) through (23) to read as 
follows:
		(14)  "Advanced practice nurse" has the meaning 
assigned by Section  301.152, Occupations Code.
		(15)  "Dentist" means a person licensed to practice 
dentistry under Subtitle D, Title 3, Occupations Code.
		(16)  "Device" has the meaning assigned by Section 321, 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321), as 
amended.
		(17)  "Drug" has the meaning assigned by Section 321, 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321), as 
amended.
		(18)  "Health care practitioner" means a physician, 
dentist, podiatrist, optometrist, advanced practice nurse, or 
physician assistant.
		(19)  "Optometrist" has the meaning assigned by Section 
351.002, Occupations Code.
		(20)  "Physician" means a person licensed to practice 
medicine in this state.
		(21)  "Physician assistant" means a person who holds a 
license issued under Chapter 204, Occupations Code.
		(22)  "Podiatrist" means a person licensed to practice 
podiatry under Chapter 202, Occupations Code.
		(23)  "Veterinarian" has the meaning assigned by 
Section 801.002, Occupations Code.
	SECTION 2.  Section 17.49, Business & Commerce Code, is 
amended by adding Subsection (d-1) to read as follows:
	(d-1) In an action under this subchapter, including a class 
action, for damages arising out of personal injury, death, or 
property damage allegedly caused by using a prescription drug or 
device, including a blood product, that has been approved by the 
United States Food and Drug Administration:
		(1)  a person may not name as a defendant a health care 
practitioner or veterinarian who prescribed the drug or device in 
accordance with the standard of what a reasonable and prudent 
health care practitioner or veterinarian holding the same license 
would have done under the same or similar circumstances; and
		(2)  the health care practitioner or veterinarian who 
prescribed the drug or device in accordance with the standard of 
what a reasonable and prudent health care practitioner or 
veterinarian holding the same license would have done under the 
same or similar circumstances is not liable to a claimant.
	SECTION 3.  Section 82.001, Civil Practice and Remedies 
Code, is amended by adding Subdivisions (5) through (14) to read as 
follows:
		(5)  "Advanced practice nurse" has the meaning assigned 
by Section  301.152, Occupations Code.
		(6)  "Dentist" means a person licensed to practice 
dentistry under Subtitle D, Title 3, Occupations Code.
		(7)  "Device" has the meaning assigned by Section 321, 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321), as 
amended.
		(8)  "Drug" has the meaning assigned by Section 321, 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321), as 
amended.
		(9)  "Health care practitioner" means a physician, 
dentist, podiatrist, optometrist, advanced practice nurse, or 
physician assistant.
		(10)  "Optometrist" has the meaning assigned by Section 
351.002, Occupations Code.
		(11)  "Physician" means a person licensed to practice 
medicine in this state.
		(12)  "Physician assistant" means a person who holds a 
license issued under Chapter 204, Occupations Code.
		(13)  "Podiatrist" means a person licensed to practice 
podiatry under Chapter 202, Occupations Code.
		(14)  "Veterinarian" has the meaning assigned by 
Section 801.002, Occupations Code.
	SECTION 4.  Chapter 82, Civil Practice and Remedies Code, is 
amended by adding Section 82.007 to read as follows:
	Sec. 82.007.  EXEMPTION FROM LIABILITY FOR HEALTH CARE 
PRACTITIONERS AND VETERINARIANS.  In a products liability action, 
including a class action, against the manufacturer or seller of a 
drug or device, including a blood product, that has been approved by 
the United States Food and Drug Administration:
		(1)  a person may not name as a defendant a health care 
practitioner or veterinarian who prescribed the drug or device in 
accordance with the standard of what a reasonable and prudent 
health care practitioner or veterinarian holding the same license 
would have done under the same or similar circumstances; and
		(2)  the health care practitioner or veterinarian who 
prescribed the drug or device in accordance with the standard of 
what a reasonable and prudent health care practitioner or 
veterinarian holding the same license would have done under the 
same or similar circumstances is not liable to a claimant.
	SECTION 5.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrued before the effective date 
of this Act is governed by the law as it existed immediately before 
that date, and that law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.