| |
| |
| |
|
|
AN ACT
|
|
|
relating to the qualifications of experts in certain health care |
|
|
liability claims. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 74.351(r)(5), Civil Practice and |
|
|
Remedies Code, is amended to read as follows: |
|
|
(5) "Expert" means: |
|
|
(A) with respect to a person giving opinion |
|
|
testimony regarding whether a physician departed from accepted |
|
|
standards of medical care, an expert qualified to testify under the |
|
|
requirements of Section 74.401; |
|
|
(B) with respect to a person giving opinion |
|
|
testimony regarding whether a health care provider departed from |
|
|
accepted standards of health care, an expert qualified to testify |
|
|
under the requirements of Section 74.402; |
|
|
(C) with respect to a person giving opinion |
|
|
testimony about the causal relationship between the injury, harm, |
|
|
or damages claimed and the alleged departure from the applicable |
|
|
standard of care in any health care liability claim, a physician who |
|
|
is otherwise qualified to render opinions on such causal |
|
|
relationship under the Texas Rules of Evidence; |
|
|
(D) with respect to a person giving opinion |
|
|
testimony about the causal relationship between the injury, harm, |
|
|
or damages claimed and the alleged departure from the applicable |
|
|
standard of care for a dentist, a dentist or physician who is |
|
|
otherwise qualified to render opinions on such causal relationship |
|
|
under the Texas Rules of Evidence; [or] |
|
|
(E) with respect to a person giving opinion |
|
|
testimony about the causal relationship between the injury, harm, |
|
|
or damages claimed and the alleged departure from the applicable |
|
|
standard of care for a podiatrist, a podiatrist or physician who is |
|
|
otherwise qualified to render opinions on such causal relationship |
|
|
under the Texas Rules of Evidence; or |
|
|
(F) with respect to a person giving opinion |
|
|
testimony about the causal relationship between the injury, harm, |
|
|
or damages claimed and the alleged departure from the applicable |
|
|
standard of care for a chiropractor, a chiropractor or physician |
|
|
who is otherwise qualified to render opinions on such causal |
|
|
relationship under the Texas Rules of Evidence. |
|
|
SECTION 2. Section 74.403, Civil Practice and Remedies |
|
|
Code, is amended by amending Subsection (a) and adding Subsection |
|
|
(c-1) to read as follows: |
|
|
(a) Except as provided by Subsections (b), [and] (c), and |
|
|
(c-1), in a suit involving a health care liability claim against a |
|
|
physician or health care provider, a person may qualify as an expert |
|
|
witness on the issue of the causal relationship between the alleged |
|
|
departure from accepted standards of care and the injury, harm, or |
|
|
damages claimed only if the person is a physician and is otherwise |
|
|
qualified to render opinions on that causal relationship under the |
|
|
Texas Rules of Evidence. |
|
|
(c-1) In a suit involving a health care liability claim |
|
|
against a chiropractor, a person may qualify as an expert witness 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. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
an action commenced on or after the effective date of this Act. An |
|
|
action commenced before the effective date of this Act is governed |
|
|
by the law as it existed immediately before the effective date of |
|
|
this Act, and that law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2171 passed the Senate on |
|
|
April 24, 2023, by the following vote: Yeas 29, Nays 1. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2171 passed the House on |
|
|
May 4, 2023, by the following vote: Yeas 145, Nays 0, one present |
|
|
not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |