Texas 2023 - 88th Regular

Texas House Bill HB1791 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8195 JES-D
2	2	By: Davis H.B. No. 1791
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the qualifications of experts in certain health care
8	8	liability claims.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 74.351(r)(5), Civil Practice and
11	11	Remedies Code, is amended to read as follows:
12	12	(5) "Expert" means:
13	13	(A) with respect to a person giving opinion
14	14	testimony regarding whether a physician departed from accepted
15	15	standards of medical care, an expert qualified to testify under the
16	16	requirements of Section 74.401;
17	17	(B) with respect to a person giving opinion
18	18	testimony regarding whether a health care provider departed from
19	19	accepted standards of health care, an expert qualified to testify
20	20	under the requirements of Section 74.402;
21	21	(C) with respect to a person giving opinion
22	22	testimony about the causal relationship between the injury, harm,
23	23	or damages claimed and the alleged departure from the applicable
24	24	standard of care in any health care liability claim, a physician who
25	25	is otherwise qualified to render opinions on such causal
26	26	relationship under the Texas Rules of Evidence;
27	27	(D) with respect to a person giving opinion
28	28	testimony about the causal relationship between the injury, harm,
29	29	or damages claimed and the alleged departure from the applicable
30	30	standard of care for a dentist, a dentist or physician who is
31	31	otherwise qualified to render opinions on such causal relationship
32	32	under the Texas Rules of Evidence; [or]
33	33	(E) with respect to a person giving opinion
34	34	testimony about the causal relationship between the injury, harm,
35	35	or damages claimed and the alleged departure from the applicable
36	36	standard of care for a podiatrist, a podiatrist or physician who is
37	37	otherwise qualified to render opinions on such causal relationship
38	38	under the Texas Rules of Evidence; or
39	39	(F) with respect to a person giving opinion
40	40	testimony about the causal relationship between the injury, harm,
41	41	or damages claimed and the alleged departure from the applicable
42	42	standard of care for a chiropractor, a chiropractor or physician
43	43	who is otherwise qualified to render opinions on such causal
44	44	relationship under the Texas Rules of Evidence.
45	45	SECTION 2. Section 74.403, Civil Practice and Remedies
46	46	Code, is amended by amending Subsection (a) and adding Subsection
47	47	(c-1) to read as follows:
48	48	(a) Except as provided by Subsections (b), [and] (c), and
49	49	(c-1), in a suit involving a health care liability claim against a
50	50	physician or health care provider, a person may qualify as an expert
51	51	witness on the issue of the causal relationship between the alleged
52	52	departure from accepted standards of care and the injury, harm, or
53	53	damages claimed only if the person is a physician and is otherwise
54	54	qualified to render opinions on that causal relationship under the
55	55	Texas Rules of Evidence.
56	56	(c-1) In a suit involving a health care liability claim
57	57	against a chiropractor, a person may qualify as an expert witness on
58	58	the issue of the causal relationship between the alleged departure
59	59	from accepted standards of care and the injury, harm, or damages
60	60	claimed if the person is a chiropractor or physician and is
61	61	otherwise qualified to render opinions on that causal relationship
62	62	under the Texas Rules of Evidence.
63	63	SECTION 3. The changes in law made by this Act apply only to
64	64	an action commenced on or after the effective date of this Act. An
65	65	action commenced before the effective date of this Act is governed
66	66	by the law as it existed immediately before the effective date of
67	67	this Act, and that law is continued in effect for that purpose.
68	68	SECTION 4. This Act takes effect September 1, 2023.