SB7 SFA Stollings 2-9 #1

Kleeh 7824


Senator Stollings moved to amend the bill on page four, section five, lines twenty-three through twenty-six, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows::

(d) No action may be filed or maintained against a health care provider pursuant to this article by or on behalf of a person whose damages arise as a proximate result of the commission, attempted commission or immediate flight from the commission or attempted commission of a felony or a violent crime which is a misdemeanor or as a result of a violation of the Uniform Controlled Substances Act, as set forth in chapter sixty-a of this code, so long as the health care provider has not illegally dispensed or prescribed a controlled substance or substances to that person. The burden of alleging and proving that the health care provider acted illegally shall be upon the person who seeks to file the claim.