BILL ANALYSIS H.B. 2406 By: Davis Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Under current law, a chiropractor is not authorized to serve as an expert witness on causation in a malpractice suit concerning chiropractic care. It has been argued that chiropractors are qualified for such purposes and should be authorized to serve as an expert witness. H.B. 2406 provides this authorization. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2406 amends the Civil Practice and Remedies Code to establish that a person may qualify as an expert witness in a suit involving a health care liability claim against a chiropractor 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. EFFECTIVE DATE September 1, 2021.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2406
By: Davis
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 2406
By: Davis
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Under current law, a chiropractor is not authorized to serve as an expert witness on causation in a malpractice suit concerning chiropractic care. It has been argued that chiropractors are qualified for such purposes and should be authorized to serve as an expert witness. H.B. 2406 provides this authorization.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2406 amends the Civil Practice and Remedies Code to establish that a person may qualify as an expert witness in a suit involving a health care liability claim against a chiropractor 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.
EFFECTIVE DATE September 1, 2021.
BACKGROUND AND PURPOSE
Under current law, a chiropractor is not authorized to serve as an expert witness on causation in a malpractice suit concerning chiropractic care. It has been argued that chiropractors are qualified for such purposes and should be authorized to serve as an expert witness. H.B. 2406 provides this authorization.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2406 amends the Civil Practice and Remedies Code to establish that a person may qualify as an expert witness in a suit involving a health care liability claim against a chiropractor 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.
EFFECTIVE DATE
September 1, 2021.