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


Office of House Bill AnalysisH.B. 504
By: Tillery
Civil Practices
2/11/1999
Introduced



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 now stands, only a "physician" is qualified to be an expert
witness.  Although it was intended that physicians licensed in other
states, not just those licensed in Texas, could qualify as an expert
witness, the term "physician" remains 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
licensed to practice medicine in the United States. 

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, Medical Liability and Insurance
Improvement Act of Texas (Article 4590i, V.T.C.S.), by adding Subsection
(g), to define "physician," for purposes of Section 14.01, as a person
licensed to practice medicine in the United States. 

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