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.