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.