TITLE: Relating to the statute of limitations on a health care liability claim involving certain gender modification drugs provided to and procedures performed on a minor.

SUMMARY: Relating to the statute of limitations on a health care liability claim involving certain gender modification drugs provided to and procedures performed on a minor.

FULL TEXT:
AN ACT relating to the statute of limitations on a health care liability claim involving certain gender modification drugs provided to and procedures performed on a minor. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 74.251, Civil Practice and Remedies Code, is amended to read as follows: Sec. 74.251. GENERAL STATUTE OF LIMITATIONS AND REPOSE ON HEALTH CARE LIABILITY CLAIMS. (a) Notwithstanding any other law,except as provided by Section 74.252, and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability. (b) Except for a health care liability claim described by Section 74.252, a [A] claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred. SECTION 2. Subchapter F, Chapter 74, Civil Practice and Remedies Code, is amended by adding Section 74.252 to read as follows: Sec. 74.252. STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS INVOLVING CERTAIN GENDER MODIFICATION DRUGS AND PROCEDURES. A claimant must bring a health care liability claim not later than the claimant's 20th birthday if: (1) the claimant is a minor at the time the cause of action accrues; and (2) the basis for the claim is malpractice in the provision of a puberty suppression prescription drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. SECTION 3. The changes in law made by this Act apply only to a cause of action that accrues on or after the effective date of this Act. SECTION 4. This Act takes effect September 1, 2023.