88R8195 JES-D
 
  By: Alvarado S.B. No. 2171
 
 
 
A BILL TO BE ENTITLED
 
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.