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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications of experts in certain health care |
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liability claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.351(r)(5), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(5) "Expert" means: |
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(A) with respect to a person giving opinion |
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testimony regarding whether a physician departed from accepted |
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standards of medical care, an expert qualified to testify under the |
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requirements of Section 74.401; |
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(B) with respect to a person giving opinion |
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testimony regarding whether a health care provider departed from |
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accepted standards of health care, an expert qualified to testify |
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under the requirements of Section 74.402; |
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(C) with respect to a person giving opinion |
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testimony about the causal relationship between the injury, harm, |
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or damages claimed and the alleged departure from the applicable |
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standard of care in any health care liability claim, a physician who |
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is otherwise qualified to render opinions on such causal |
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relationship under the Texas Rules of Evidence; |
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(D) with respect to a person giving opinion |
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testimony about the causal relationship between the injury, harm, |
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or damages claimed and the alleged departure from the applicable |
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standard of care for a dentist, a dentist or physician who is |
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otherwise qualified to render opinions on such causal relationship |
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under the Texas Rules of Evidence; [or] |
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(E) with respect to a person giving opinion |
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testimony about the causal relationship between the injury, harm, |
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or damages claimed and the alleged departure from the applicable |
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standard of care for a podiatrist, a podiatrist or physician who is |
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otherwise qualified to render opinions on such causal relationship |
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under the Texas Rules of Evidence; or |
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(F) with respect to a person giving opinion |
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testimony about the causal relationship between the injury, harm, |
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or damages claimed and the alleged departure from the applicable |
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standard of care for a chiropractor, a chiropractor or physician |
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who is otherwise qualified to render opinions on such causal |
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relationship under the Texas Rules of Evidence. |
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SECTION 2. Section 74.403, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(c-1) to read as follows: |
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(a) Except as provided by Subsections (b), [and] (c), and |
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(c-1), in a suit involving a health care liability claim against a |
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physician or health care provider, a person may qualify as an expert |
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witness on the issue of the causal relationship between the alleged |
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departure from accepted standards of care and the injury, harm, or |
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damages claimed only if the person is a physician and is otherwise |
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qualified to render opinions on that causal relationship under the |
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Texas Rules of Evidence. |
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(c-1) In a suit involving a health care liability claim |
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against a chiropractor, a person may qualify as an expert witness on |
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the issue of the causal relationship between the alleged departure |
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from accepted standards of care and the injury, harm, or damages |
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claimed if the person is a chiropractor or physician and is |
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otherwise qualified to render opinions on that causal relationship |
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under the Texas Rules of Evidence. |
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SECTION 3. The changes in law made by this Act apply only to |
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an action commenced on or after the effective date of this Act. An |
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action commenced before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |