| 1 | 1 | | 83R15614 CAE-F |
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| 2 | 2 | | By: Sheets, Lewis, Eiland H.B. No. 2843 |
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| 3 | 3 | | Substitute the following for H.B. No. 2843: |
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| 4 | 4 | | By: Hunter C.S.H.B. No. 2843 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to an objection of a defendant physician or health care |
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| 10 | 10 | | provider to an expert report filed in a health care liability claim. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 74.351(a), Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | (a) In a health care liability claim, a claimant shall, not |
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| 15 | 15 | | later than the 120th day after the date each defendant's [the] |
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| 16 | 16 | | original answer is [petition was] filed, serve on that [each] party |
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| 17 | 17 | | or the party's attorney one or more expert reports, with a |
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| 18 | 18 | | curriculum vitae of each expert listed in the report for each |
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| 19 | 19 | | physician or health care provider against whom a liability claim is |
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| 20 | 20 | | asserted. The date for serving the report may be extended by |
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| 21 | 21 | | written agreement of the affected parties. Each defendant |
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| 22 | 22 | | physician or health care provider whose conduct is implicated in a |
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| 23 | 23 | | report must file and serve any objection to the sufficiency of the |
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| 24 | 24 | | report not later than the later of the 21st day after the date the |
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| 25 | 25 | | report is [it was] served or the 21st day after the date the |
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| 26 | 26 | | defendant's answer is filed, failing which all objections are |
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| 27 | 27 | | waived. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to an action commenced on or after the effective date of this Act. |
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| 30 | 30 | | An action commenced before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect immediately before the effective date |
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| 32 | 32 | | of this Act, and that law is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2013. |
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