Bill Text: TX HB2406 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the qualifications of experts in certain health care liability claims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-10 - Referred to State Affairs [HB2406 Detail]
Download: Texas-2021-HB2406-Engrossed.html
87R2163 JES-D | ||
By: Davis | H.B. No. 2406 |
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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; [ |
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(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), [ |
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(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, 2021. |