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A BILL TO BE ENTITLED
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AN ACT
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relating to depositions of witnesses in a health care liability |
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claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 74.351(s) and (u), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(s) Until a claimant has served the expert report and |
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curriculum vitae as required by Subsection (a), all discovery in a |
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health care liability claim is stayed except for the acquisition by |
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the claimant of information, including medical or hospital records |
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or other documents or tangible things, related to the patient's |
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health care through: |
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(1) written discovery as defined in Rule 192.7, Texas |
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Rules of Civil Procedure; |
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(2) depositions on written questions under Rule 200, |
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Texas Rules of Civil Procedure; and |
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(3) discovery [from nonparties] under Rules 199 and |
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[Rule] 205, Texas Rules of Civil Procedure. |
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(u) Notwithstanding any other provision of this section, |
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after a claim is filed all claimants, collectively, may take not |
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more than two depositions of any person or party before the expert |
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report is served as required by Subsection (a). |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action filed on or after the effective date of this |
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Act. A cause of action that is filed before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |