Texas 2023 - 88th Regular

Texas Senate Bill SB2171 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2171
2	2
3	3
4	4	AN ACT
5	5	relating to the qualifications of experts in certain health care
6	6	liability claims.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 74.351(r)(5), Civil Practice and
9	9	Remedies Code, is amended to read as follows:
10	10	(5) "Expert" means:
11	11	(A) with respect to a person giving opinion
12	12	testimony regarding whether a physician departed from accepted
13	13	standards of medical care, an expert qualified to testify under the
14	14	requirements of Section 74.401;
15	15	(B) with respect to a person giving opinion
16	16	testimony regarding whether a health care provider departed from
17	17	accepted standards of health care, an expert qualified to testify
18	18	under the requirements of Section 74.402;
19	19	(C) with respect to a person giving opinion
20	20	testimony about the causal relationship between the injury, harm,
21	21	or damages claimed and the alleged departure from the applicable
22	22	standard of care in any health care liability claim, a physician who
23	23	is otherwise qualified to render opinions on such causal
24	24	relationship under the Texas Rules of Evidence;
25	25	(D) with respect to a person giving opinion
26	26	testimony about the causal relationship between the injury, harm,
27	27	or damages claimed and the alleged departure from the applicable
28	28	standard of care for a dentist, a dentist or physician who is
29	29	otherwise qualified to render opinions on such causal relationship
30	30	under the Texas Rules of Evidence; [or]
31	31	(E) with respect to a person giving opinion
32	32	testimony about the causal relationship between the injury, harm,
33	33	or damages claimed and the alleged departure from the applicable
34	34	standard of care for a podiatrist, a podiatrist or physician who is
35	35	otherwise qualified to render opinions on such causal relationship
36	36	under the Texas Rules of Evidence; or
37	37	(F) with respect to a person giving opinion
38	38	testimony about the causal relationship between the injury, harm,
39	39	or damages claimed and the alleged departure from the applicable
40	40	standard of care for a chiropractor, a chiropractor or physician
41	41	who is otherwise qualified to render opinions on such causal
42	42	relationship under the Texas Rules of Evidence.
43	43	SECTION 2. Section 74.403, Civil Practice and Remedies
44	44	Code, is amended by amending Subsection (a) and adding Subsection
45	45	(c-1) to read as follows:
46	46	(a) Except as provided by Subsections (b), [and] (c), and
47	47	(c-1), in a suit involving a health care liability claim against a
48	48	physician or health care provider, a person may qualify as an expert
49	49	witness on the issue of the causal relationship between the alleged
50	50	departure from accepted standards of care and the injury, harm, or
51	51	damages claimed only if the person is a physician and is otherwise
52	52	qualified to render opinions on that causal relationship under the
53	53	Texas Rules of Evidence.
54	54	(c-1) In a suit involving a health care liability claim
55	55	against a chiropractor, a person may qualify as an expert witness on
56	56	the issue of the causal relationship between the alleged departure
57	57	from accepted standards of care and the injury, harm, or damages
58	58	claimed if the person is a chiropractor or physician and is
59	59	otherwise qualified to render opinions on that causal relationship
60	60	under the Texas Rules of Evidence.
61	61	SECTION 3. The changes in law made by this Act apply only to
62	62	an action commenced on or after the effective date of this Act. An
63	63	action commenced before the effective date of this Act is governed
64	64	by the law as it existed immediately before the effective date of
65	65	this Act, and that law is continued in effect for that purpose.
66	66	SECTION 4. This Act takes effect September 1, 2023.
67	67	______________________________ ______________________________
68	68	President of the Senate Speaker of the House
69	69	I hereby certify that S.B. No. 2171 passed the Senate on
70	70	April 24, 2023, by the following vote: Yeas 29, Nays 1.
71	71	______________________________
72	72	Secretary of the Senate
73	73	I hereby certify that S.B. No. 2171 passed the House on
74	74	May 4, 2023, by the following vote: Yeas 145, Nays 0, one present
75	75	not voting.
76	76	______________________________
77	77	Chief Clerk of the House
78	78	Approved:
79	79	______________________________
80	80	Date
81	81	______________________________
82	82	Governor