HBA-DMH H.B. 781 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 781
By: Tillery
Civil Practices
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a physician who is actively treating an individual for a
specified condition that is related to a civil action is not necessarily
regarded as an expert witness for that purpose.  House Bill 781 provides
that a physician who has treated an individual for a specified condition is
presumed qualified to offer an expert opinion relating to the treatment
that the physician has provided to that individual and the medical
condition of the individual. 

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. 

ANALYSIS

House Bill 781 amends the Civil Practice and Remedies Code to provide that,
in a civil case, a physician actively providing medical care to an
individual is presumed qualified to provide an expert opinion concerning: 

_the injury, illness, or condition of the individual for whom the physician
is providing medical care; and  

_the nature of the medical care that the physician is providing to the
individual. 

The bill authorizes such a presumption to be rebutted only by clear and
convincing evidence that the physician is not qualified to provide an
expert opinion concerning the matters described.  Notwithstanding the rules
of civil procedure, the bill prohibits the supreme court from amending or
adopting rules that conflict with the above provisions. 

EFFECTIVE DATE

September 1, 2001.