S.B. No. 2171

	AN ACT
	relating to the qualifications of experts in certain health care
	liability claims.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 74.351(r)(5), Civil Practice and
	Remedies Code, is amended to read as follows:
	(5)  "Expert" means:
	(A)  with respect to a person giving opinion
	testimony regarding whether a physician departed from accepted
	standards of medical care, an expert qualified to testify under the
	requirements of Section 74.401;
	(B)  with respect to a person giving opinion
	testimony regarding whether a health care provider departed from
	accepted standards of health care, an expert qualified to testify
	under the requirements of Section 74.402;
	(C)  with respect to a person giving opinion
	testimony about the causal relationship between the injury, harm,
	or damages claimed and the alleged departure from the applicable
	standard of care in any health care liability claim, a physician who
	is otherwise qualified to render opinions on such causal
	relationship under the Texas Rules of Evidence;
	(D)  with respect to a person giving opinion
	testimony about the causal relationship between the injury, harm,
	or damages claimed and the alleged departure from the applicable
	standard of care for a dentist, a dentist or physician who is
	otherwise qualified to render opinions on such causal relationship
	under the Texas Rules of Evidence; [or]
	(E)  with respect to a person giving opinion
	testimony about the causal relationship between the injury, harm,
	or damages claimed and the alleged departure from the applicable
	standard of care for a podiatrist, a podiatrist or physician who is
	otherwise qualified to render opinions on such causal relationship
	under the Texas Rules of Evidence; or
	(F)  with respect to a person giving opinion
	testimony about the causal relationship between the injury, harm,
	or damages claimed and the alleged departure from the applicable
	standard of care for a chiropractor, a chiropractor or physician
	who is otherwise qualified to render opinions on such causal
	relationship under the Texas Rules of Evidence.
	SECTION 2.  Section 74.403, Civil Practice and Remedies
	Code, is amended by amending Subsection (a) and adding Subsection
	(c-1) to read as follows:
	(a)  Except as provided by Subsections (b), [and] (c), and
	(c-1), in a suit involving a health care liability claim against a
	physician or health care provider, a person may qualify as an expert
	witness on the issue of the causal relationship between the alleged
	departure from accepted standards of care and the injury, harm, or
	damages claimed only if the person is a physician and is otherwise
	qualified to render opinions on that causal relationship under the
	Texas Rules of Evidence.
	(c-1)  In a suit involving a health care liability claim
	against a chiropractor, a person may qualify as an expert witness on
	the issue of the causal relationship between the alleged departure
	from accepted standards of care and the injury, harm, or damages
	claimed if the person is a chiropractor or physician and is
	otherwise qualified to render opinions on that causal relationship
	under the Texas Rules of Evidence.
	SECTION 3.  The changes in law made by this Act apply only to
	an action commenced on or after the effective date of this Act. An
	action commenced before the effective date of this Act is governed
	by the law as it existed immediately before the effective date of
	this Act, and that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 2171 passed the Senate on
	April 24, 2023, by the following vote:  Yeas 29, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 2171 passed the House on
	May 4, 2023, by the following vote:  Yeas 145, Nays 0, one present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor