| 1 | 1 | | 84R767 BEF-D |
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| 2 | 2 | | By: Fletcher H.B. No. 3154 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to dental expert witness activity; providing penalties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 258, Occupations Code, is |
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| 10 | 10 | | amended by adding Section 258.056 to read as follows: |
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| 11 | 11 | | Sec. 258.056. DENTAL EXPERT WITNESS ACTIVITY. (a) In this |
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| 12 | 12 | | section: |
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| 13 | 13 | | (1) "Dental expert witness activity" means: |
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| 14 | 14 | | (A) providing testimony or an opinion in |
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| 15 | 15 | | connection with a health care liability claim or a disciplinary |
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| 16 | 16 | | proceeding under this subtitle; or |
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| 17 | 17 | | (B) performing an activity, including practicing |
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| 18 | 18 | | dentistry or dental hygiene, in preparation for an activity |
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| 19 | 19 | | described by Paragraph (A). |
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| 20 | 20 | | (2) "Health care liability claim" has the meaning |
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| 21 | 21 | | assigned by Section 74.001, Civil Practice and Remedies Code. |
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| 22 | 22 | | (b) A person, when performing a dental expert witness |
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| 23 | 23 | | activity: |
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| 24 | 24 | | (1) shall: |
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| 25 | 25 | | (A) comply with the laws of this state; |
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| 26 | 26 | | (B) comply with ethical standards regarding |
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| 27 | 27 | | expert witness testimony that are applicable to the person; |
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| 28 | 28 | | (C) uphold the standards of dental |
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| 29 | 29 | | professionalism, including standards regarding ethical conduct and |
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| 30 | 30 | | competent practice; |
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| 31 | 31 | | (D) be honest in all professional interactions; |
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| 32 | 32 | | (E) avoid conflicts of interest or make efforts |
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| 33 | 33 | | to minimize unavoidable conflicts of interest; and |
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| 34 | 34 | | (F) accurately represent the person's |
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| 35 | 35 | | professional credentials and qualifications; and |
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| 36 | 36 | | (2) may not: |
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| 37 | 37 | | (A) provide testimony or give an opinion that |
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| 38 | 38 | | exceeds the limitations of the data on which the testimony or |
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| 39 | 39 | | opinion is based; |
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| 40 | 40 | | (B) give expert testimony or an expert opinion |
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| 41 | 41 | | that exceeds the limitations of the person's knowledge, skills, |
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| 42 | 42 | | experience, training, or education; |
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| 43 | 43 | | (C) accept payment for dental expert witness |
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| 44 | 44 | | activity that is contingent on the outcome of the health care |
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| 45 | 45 | | liability claim or disciplinary proceeding; or |
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| 46 | 46 | | (D) make or use any false, fraudulent, or forged |
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| 47 | 47 | | statement or document. |
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| 48 | 48 | | (c) The board is entitled to appropriate injunctive relief |
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| 49 | 49 | | to prevent a person from performing dental expert witness activity |
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| 50 | 50 | | in this state if the court determines the person has violated |
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| 51 | 51 | | Subsection (b). |
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| 52 | 52 | | (d) If the board determines that a person licensed in |
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| 53 | 53 | | another state as a dentist or dental hygienist has violated |
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| 54 | 54 | | Subsection (b), the board may refer the matter to the relevant |
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| 55 | 55 | | licensing authority in that state. |
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| 56 | 56 | | (e) A court may hold a person in contempt if the person |
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| 57 | 57 | | violates Subsection (b) in connection with a proceeding before the |
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| 58 | 58 | | court. |
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| 59 | 59 | | SECTION 2. Section 263.002(a), Occupations Code, is amended |
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| 60 | 60 | | to read as follows: |
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| 61 | 61 | | (a) The board, after notice and hearing, may reprimand a |
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| 62 | 62 | | person who holds a license issued under this subtitle, issue a |
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| 63 | 63 | | warning letter to a person licensed under this subtitle, impose a |
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| 64 | 64 | | fine on a person licensed under this subtitle, impose an |
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| 65 | 65 | | administrative penalty under Subchapter A, Chapter 264, on a person |
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| 66 | 66 | | who holds a license under this subtitle, place on probation with |
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| 67 | 67 | | conditions a person whose license has been suspended, or revoke or |
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| 68 | 68 | | suspend a person's license issued under this subtitle if the |
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| 69 | 69 | | person: |
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| 70 | 70 | | (1) is adjudged under the law to be insane; |
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| 71 | 71 | | (2) is convicted of a misdemeanor involving fraud or a |
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| 72 | 72 | | felony under federal law or the law of any state; |
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| 73 | 73 | | (3) practices dentistry or dental hygiene in a manner |
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| 74 | 74 | | that constitutes dishonorable conduct; |
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| 75 | 75 | | (4) fails to treat a patient according to the standard |
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| 76 | 76 | | of care in the practice of dentistry or dental hygiene; |
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| 77 | 77 | | (5) engages in deception or misrepresentation in |
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| 78 | 78 | | soliciting or obtaining patronage; |
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| 79 | 79 | | (6) obtains a license by fraud or misrepresentation; |
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| 80 | 80 | | (7) is addicted to or habitually intemperate in the |
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| 81 | 81 | | use of alcoholic beverages or drugs or has improperly obtained, |
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| 82 | 82 | | possessed, used, or distributed habit-forming drugs or narcotics; |
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| 83 | 83 | | (8) holds a dental license and employs, permits, or |
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| 84 | 84 | | has employed or permitted a person not licensed to practice |
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| 85 | 85 | | dentistry to practice dentistry in an office of the dentist that is |
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| 86 | 86 | | under the dentist's control or management; |
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| 87 | 87 | | (9) fails to use proper diligence in the person's |
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| 88 | 88 | | practice or fails to safeguard the person's patients against |
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| 89 | 89 | | avoidable infections; |
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| 90 | 90 | | (10) violates or refuses to comply with a law relating |
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| 91 | 91 | | to the regulation of dentists or dental hygienists; |
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| 92 | 92 | | (11) is physically or mentally incapable of practicing |
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| 93 | 93 | | in a manner that is safe for the person's dental patients; |
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| 94 | 94 | | (12) is negligent in performing dental services and |
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| 95 | 95 | | that negligence causes injury or damage to a dental patient; |
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| 96 | 96 | | (13) holds a license or certificate to practice |
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| 97 | 97 | | dentistry or dental hygiene in another state and that state, based |
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| 98 | 98 | | on an act by the person that is the same as an act described in this |
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| 99 | 99 | | section: |
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| 100 | 100 | | (A) reprimands the person; |
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| 101 | 101 | | (B) suspends or revokes the person's license or |
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| 102 | 102 | | certificate or places the person on probation; or |
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| 103 | 103 | | (C) imposes another restriction on the person's |
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| 104 | 104 | | practice; [or] |
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| 105 | 105 | | (14) knowingly provides or agrees to provide dental |
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| 106 | 106 | | care in a manner that violates a federal or state law that: |
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| 107 | 107 | | (A) regulates a plan to provide, arrange for, pay |
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| 108 | 108 | | for, or reimburse any part of the cost of dental care services; or |
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| 109 | 109 | | (B) regulates the business of insurance; or |
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| 110 | 110 | | (15) provides dental expert witness activity in |
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| 111 | 111 | | violation of Section 258.056(b). |
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| 112 | 112 | | SECTION 3. The changes in law made by this Act apply only to |
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| 113 | 113 | | conduct that occurs on or after the effective date of this Act. |
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| 114 | 114 | | Conduct that occurred before that date is governed by the law in |
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| 115 | 115 | | effect when the conduct occurred, and the former law is continued in |
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| 116 | 116 | | effect for that purpose. |
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| 117 | 117 | | SECTION 4. This Act takes effect September 1, 2015. |
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