84R767 BEF-D
By: Fletcher H.B. No. 3154
A BILL TO BE ENTITLED
AN ACT
relating to dental expert witness activity; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 258, Occupations Code, is
amended by adding Section 258.056 to read as follows:
Sec. 258.056. DENTAL EXPERT WITNESS ACTIVITY. (a) In this
section:
(1) "Dental expert witness activity" means:
(A) providing testimony or an opinion in
connection with a health care liability claim or a disciplinary
proceeding under this subtitle; or
(B) performing an activity, including practicing
dentistry or dental hygiene, in preparation for an activity
described by Paragraph (A).
(2) "Health care liability claim" has the meaning
assigned by Section 74.001, Civil Practice and Remedies Code.
(b) A person, when performing a dental expert witness
activity:
(1) shall:
(A) comply with the laws of this state;
(B) comply with ethical standards regarding
expert witness testimony that are applicable to the person;
(C) uphold the standards of dental
professionalism, including standards regarding ethical conduct and
competent practice;
(D) be honest in all professional interactions;
(E) avoid conflicts of interest or make efforts
to minimize unavoidable conflicts of interest; and
(F) accurately represent the person's
professional credentials and qualifications; and
(2) may not:
(A) provide testimony or give an opinion that
exceeds the limitations of the data on which the testimony or
opinion is based;
(B) give expert testimony or an expert opinion
that exceeds the limitations of the person's knowledge, skills,
experience, training, or education;
(C) accept payment for dental expert witness
activity that is contingent on the outcome of the health care
liability claim or disciplinary proceeding; or
(D) make or use any false, fraudulent, or forged
statement or document.
(c) The board is entitled to appropriate injunctive relief
to prevent a person from performing dental expert witness activity
in this state if the court determines the person has violated
Subsection (b).
(d) If the board determines that a person licensed in
another state as a dentist or dental hygienist has violated
Subsection (b), the board may refer the matter to the relevant
licensing authority in that state.
(e) A court may hold a person in contempt if the person
violates Subsection (b) in connection with a proceeding before the
court.
SECTION 2. Section 263.002(a), Occupations Code, is amended
to read as follows:
(a) The board, after notice and hearing, may reprimand a
person who holds a license issued under this subtitle, issue a
warning letter to a person licensed under this subtitle, impose a
fine on a person licensed under this subtitle, impose an
administrative penalty under Subchapter A, Chapter 264, on a person
who holds a license under this subtitle, place on probation with
conditions a person whose license has been suspended, or revoke or
suspend a person's license issued under this subtitle if the
person:
(1) is adjudged under the law to be insane;
(2) is convicted of a misdemeanor involving fraud or a
felony under federal law or the law of any state;
(3) practices dentistry or dental hygiene in a manner
that constitutes dishonorable conduct;
(4) fails to treat a patient according to the standard
of care in the practice of dentistry or dental hygiene;
(5) engages in deception or misrepresentation in
soliciting or obtaining patronage;
(6) obtains a license by fraud or misrepresentation;
(7) is addicted to or habitually intemperate in the
use of alcoholic beverages or drugs or has improperly obtained,
possessed, used, or distributed habit-forming drugs or narcotics;
(8) holds a dental license and employs, permits, or
has employed or permitted a person not licensed to practice
dentistry to practice dentistry in an office of the dentist that is
under the dentist's control or management;
(9) fails to use proper diligence in the person's
practice or fails to safeguard the person's patients against
avoidable infections;
(10) violates or refuses to comply with a law relating
to the regulation of dentists or dental hygienists;
(11) is physically or mentally incapable of practicing
in a manner that is safe for the person's dental patients;
(12) is negligent in performing dental services and
that negligence causes injury or damage to a dental patient;
(13) holds a license or certificate to practice
dentistry or dental hygiene in another state and that state, based
on an act by the person that is the same as an act described in this
section:
(A) reprimands the person;
(B) suspends or revokes the person's license or
certificate or places the person on probation; or
(C) imposes another restriction on the person's
practice; [or]
(14) knowingly provides or agrees to provide dental
care in a manner that violates a federal or state law that:
(A) regulates a plan to provide, arrange for, pay
for, or reimburse any part of the cost of dental care services; or
(B) regulates the business of insurance; or
(15) provides dental expert witness activity in
violation of Section 258.056(b).
SECTION 3. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurred before that date is governed by the law in
effect when the conduct occurred, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.