HB 2585

ON APRIL 21, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2585, AS AMENDED. AMENDMENT #1 clarifies that the bill does not affect present law exemptions from noneconomic damages caps for certain personal injury and wrongful death actions. This amendment additionally clarifies that its provisions do not displace or modify any procedural requirement, notice provision, certificate of good faith requirement, or other present law provision pertaining to healthcare liability, or any other present law provision pertaining t o civil damage awards other than the present law noneconomic damages limitation that is set at $750,000. If this amendment conflicts solely with such present law noneconomic damages limitation, then this amendment controls. This amendment does not authorize a cause of action against a licensed physician who refuses to perform an abortion. BURDEN TO RECOVER This amendment provides that a plaintiff seeking to recover noneconomic damages under this amendment bears the burden of establishing by a preponderance of the evidence all of the following:  The plaintiff was a pregnant or postpartum woman at the time of the negligent act or omission . A "pregnant woman"" i s a woman carrying a viable pregnancy at the time the negligent act or omission occurred.  The negligence arose directly and proximately from the provision of obstetric care .  The plaintiff sustained death or permanent physical injury as a direct and proximate result of such negligence. ""O BSTETRIC CARE"" DEFINED This amendment defines ""o bstetric care"" as medical, surgical, or clinical care provided by a licensed healthcare provider acting within the scope of obstetric practice that is directly and proximately related to the management of a pregnancy, labor, delivery, or postpartum recovery within the post partum period . ""O bstetric care "" d oes not include any of the following :  Gynecologic care unrelated to the management of a pregnancy or delivery .  Care provided by a healthcare provider acting outside the scope of obstetric practice .  Care rendered for a condition or injury not causally related to the pregnancy or delivery .  Care rendered after the expiration of the postpartum period . ""PERMANENT PHYSICAL INJURY"" DEFINED This amendment defines ""p ermanent physical injury"" as an anatomical or physiological impairment to the body that, to a reasonable degree of medical certainty, is expected to persist indefinitely and results in a measurable functional limitation . ""Permanent physical injury"" d oes not include psychological conditions, psychiatric diagnoses, or emotional distress, whether or not diagnosed as permanent . ""POSTPARTUM WOMAN"" DEFINED This amendment defines ""postpartum woman"" as a woman within 42 days following the termination of a pregnancy, whether by live birth, stillbirth, or other termination, at the time the negligent act or omission occurred . ""Postpartum woman"" d oes not include a woman whose pregnancy terminated more than 42 days prior to the negligent act or omission, regardless of any ongoing postpartum condition or treatment . APPLICABILITY This amendment clarifies that its provisions appl y to causes of action accruing on or after the bill becomes a law."