HBA-ATS H.B. 504 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 504
By: Tillery
Civil Practices
6/1/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1995, the Texas Legislature amended the law relating to the
qualifications of an expert witness in a suit alleging negligence by a
physician.  Previously, any "person" who met certain standards of
experience or knowledge could qualify as an expert witness.  As amended,
and as the law stood prior to the 76th Legislature, only a "physician" was
qualified to be an expert witness.  Although it was intended that
physicians licensed in other states, not just those licensed in Texas,
could have qualified as expert witnesses, the term "physician" remained
statutorily defined as a person licensed to practice medicine in this
state. Lawmakers failed to amend the definition of "physician" to reflect
their intent of allowing licensed physicians in other states to be expert
witnesses.  H.B. 504 defines a physician, for purposes of qualifying as an
expert witness, as a person who is licensed to practice medicine in the
United States or a graduate of a medical school accredited by the Liaison
Committee on Medical Education or the American Osteopathic Association. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 14.01, Article 4590i, V.T.C.S. (Medical
Liability and Insurance Improvement Act of Texas), by adding Subsection
(g), to define "physician," for purposes of Section 14.01, as a person who
is licensed to practice medicine in the United States or a graduate of a
medical school accredited by the Liaison Committee on Medical Education or
the American Osteopathic Association. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.