Texas House Bill HB405

Texas 2013 - 83rd Regular

Caption

Relating to testimony by members of the State Board of Dental Examiners.

Impact

The bill affects state laws by clarifying the limitations placed on board members regarding their roles as expert witnesses in legal cases. This change could potentially reduce the number of board members testifying in malpractice cases, thus aiming to mitigate conflicts of interest and enhance the impartiality of board evaluations. As a consequence, this could foster a more balanced legal environment for healthcare liability claims, ensuring that the expertise brought into court is vetted and approved within the constraints of the board’s regulatory framework.

Summary

House Bill 405 amends Section 254.018 of the Occupations Code, specifically addressing the conditions under which members of the State Board of Dental Examiners can give expert testimony in health care liability claims. The bill explicitly prohibits board members from expressing oral or written opinions or serving as expert witnesses in cases involving claims against healthcare professionals, such as dentists, unless they receive prior approval from the board or an executive committee. This legislative change seeks to regulate the involvement of board members in legal proceedings that could impact the profession they oversee.

Contention

While the bill aims to introduce clearer guidelines for board members, it may also face contention surrounding concerns about access to expert testimony. Some stakeholders might argue that restricting board members from serving as witnesses could limit the availability of qualified experts during trials, possibly complicating legal proceedings in health care liability cases. Proponents of the bill argue that this limitation is essential to avoid conflicts and uphold the integrity of the board's role in regulating the profession.