Texas Civil Practice and Remedies Code

§ 90.004 — REPORTS REQUIRED FOR CLAIMS INVOLVING SILICA-RELATED INJURY

CP § 90.004Title 4. LIABILITY IN TORT · Ch. 90. CLAIMS INVOLVING ASBESTOS AND SILICA · Art. A. GENERAL PROVISIONS

Statute text

(a)A claimant asserting a silica-related injury must serve on each defendant a report by a physician who is board certified in pulmonary medicine, internal medicine, oncology, pathology, or, with respect to a claim for silicosis, occupational medicine and whose license and certification were not on inactive status at the time the report was made that:

(1)verifies that the physician or a medical professional employed by and under the direct supervision and control of the physician:

(A)performed a physical examination of the exposed person, or if the exposed person is deceased, reviewed available records relating to the exposed person's medical condition;

(B)took a detailed occupational and exposure history from the exposed person or, if the exposed person is deceased, from a person knowledgeable about the alleged exposure or exposures that form the basis of the action; and

(C)took a detailed medical and smoking history that includes a thorough review of the exposed person's past and present medical problems and their most probable cause;

(2)sets out the details of the exposed person's occupational, exposure, medical, and smoking history;

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Legislative history

Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.