Texas 2019 - 86th Regular

Texas House Bill HB2362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2362
	1	+	By: Moody, Price, Canales (Senate Sponsor - Hughes) H.B. No. 2362
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 19, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the standard of proof in health care liability claims
6	12		involving emergency medical care.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 74.153, Civil Practice and Remedies
9	15		Code, is amended to read as follows:
10	16		Sec. 74.153. STANDARD OF PROOF IN CASES INVOLVING EMERGENCY
11	17		MEDICAL CARE. (a) Except as provided by Subsection (b), in [In] a
12	18		suit involving a health care liability claim against a physician or
13	19		health care provider for injury to or death of a patient arising out
14	20		of the provision of emergency medical care in a hospital emergency
15	21		department, in an [or] obstetrical unit, or in a surgical suite
16	22		immediately following the evaluation or treatment of a patient in a
17	23		hospital emergency department, the claimant bringing the suit may
18	24		prove that the treatment or lack of treatment by the physician or
19	25		health care provider departed from accepted standards of medical
20	26		care or health care only if the claimant shows by a preponderance of
21	27		the evidence that the physician or health care provider, with
22	28		willful [wilful] and wanton negligence, deviated from the degree of
23	29		care and skill that is reasonably expected of an ordinarily prudent
24	30		physician or health care provider in the same or similar
25	31		circumstances.
26	32		(b) Subsection (a) does not apply to:
27	33		(1) medical care or treatment:
28	34		(A) provided after the patient is:
29	35		(i) stabilized; and
30	36		(ii) receiving medical care or treatment as
31	37		a nonemergency patient; or
32	38		(B) that is unrelated to a medical emergency; or
33	39		(2) a physician or health care provider whose
34	40		negligent act or omission proximately causes a stable patient to
35	41		require emergency medical care.
36	42		SECTION 2. Section 74.153, Civil Practice and Remedies
37	43		Code, as amended by this Act, applies only to an action commenced on
38	44		or after the effective date of this Act. An action commenced before
39	45		the effective date of this Act is governed by the law applicable to
40	46		the action immediately before the effective date of this Act, and
41	47		that law is continued in effect for that purpose.
42	48		SECTION 3. This Act takes effect September 1, 2019.
43		-	______________________________ ______________________________
44		-	President of the Senate Speaker of the House
45		-	I certify that H.B. No. 2362 was passed by the House on May 8,
46		-	2019, by the following vote: Yeas 107, Nays 36, 2 present, not
47		-	voting.
48		-	______________________________
49		-	Chief Clerk of the House
50		-	I certify that H.B. No. 2362 was passed by the Senate on May
51		-	22, 2019, by the following vote: Yeas 28, Nays 3.
52		-	______________________________
53		-	Secretary of the Senate
54		-	APPROVED: _____________________
55		-	Date
56		-	_____________________
57		-	Governor
	49	+	* * * * *