BILL ANALYSIS

H.B. 1791

By: Davis

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, a chiropractor is not authorized to serve as an expert witness on causation in a malpractice suit concerning chiropractic care. Chiropractors are qualified for such purposes and should be authorized to serve as an expert witness. H.B. 1791 provides this authorization.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1791 amends the Civil Practice and Remedies Code to establish that a person may qualify as an expert witness in a suit involving a health care liability claim against a chiropractor on the issue of the causal relationship between the alleged departure from accepted standards of care and the injury, harm, or damages claimed if the person is a chiropractor or physician and is otherwise qualified to render opinions on that causal relationship under the Texas Rules of Evidence.  

H.B. 1791 applies only to an action commenced on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.