88R8195 JES-D
By: Davis H.B. No. 1791
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.