2003S0540-1 03/07/03
By: Janek S.B. No. 1172
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain medical expert witnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 151, Occupations Code, is
amended by adding Section 151.057 to read as follows:
Sec. 151.057. APPLICATION TO OUT-OF-STATE MEDICAL EXPERT
WITNESSES. A person who is licensed to practice medicine in another
state and who performs reviews of medical liability litigation or
provides testimony or an opinion at a deposition or a trial with
regard to a medical liability suit in this state is considered to be
engaged in the practice of medicine in this state for purposes of
performing the review or providing the testimony or opinion and is
subject to regulation by the board.
SECTION 2. Subchapter A, Chapter 153, Occupations Code, is
amended by adding Section 153.014 to read as follows:
Sec. 153.014. ISSUANCE OF CERTIFICATE FOR MEDICAL EXPERT
WITNESS. (a) A medical expert who performs reviews of medical
liability litigation or provides testimony or an opinion at a
deposition or a trial with regard to a medical liability suit in
this state must obtain a medical expert witness certificate issued
by the board. A medical expert who fails to obtain a certificate
under this section may not serve as a medical expert witness in any
capacity in this state.
(b) The board shall issue a medical expert witness
certificate to a medical expert who:
(1) pays an application fee of $100;
(2) has not had a previous certificate revoked by the
board; and
(3) meets any other requirements determined by the
board.
(c) The issuance of a medical expert witness certificate to
a medical expert under this section does not authorize the medical
expert to practice clinical medicine or to examine, evaluate,
treat, or prescribe any treatment for a patient in this state.
(d) The board shall adopt rules for expediting the issuance
of a medical expert witness certificate under this section.
(e) The board may revoke a medical expert witness
certificate issued under this section on a finding by the board that
grounds exist to revoke the certificate. In deciding whether to
revoke the certificate, the board shall take into consideration any
sanctions recommended by a state specialty society under Section
154.059, including a recommendation that a medical expert witness
certificate be revoked.
(f) In this section, "medical expert" means a person who is
licensed to practice medicine in this state or in another state.
SECTION 3. Subchapter B, Chapter 154, Occupations Code, is
amended by adding Section 154.059 to read as follows:
Sec. 154.059. RULES REGARDING MEDICAL EXPERT TESTIMONY
COMPLAINT INVESTIGATION; DISPOSITION. (a) A physician who
believes that medical expert testimony offered in medical liability
litigation by a medical expert is false or egregious or deviates
from the accepted standard of care or practice may file a complaint
with the board with regard to the medical expert testimony.
(b) The board shall refer a complaint regarding medical
expert testimony under Subsection (a) to a state specialty society
that represents physicians in the same specialty as the physician
who is making the complaint. The state specialty society shall
refer the complaint to its peer review committee for a peer review
determination on the medical expert testimony.
(c) Not later than 90 days after receipt of the materials
containing the medical expert testimony that is the basis of the
complaint and all other relevant materials concerning the medical
circumstances of the medical liability litigation, the peer review
committee shall render a determination regarding the medical expert
testimony.
(d) The peer review committee shall:
(1) report its determination with regard to the
medical expert testimony to the state specialty society in a form
substantially similar to the following:
(A) the testimony is acceptable and meets
reasonable practice standards;
(B) the testimony is acceptable if the following
issues can be clarified: _________________________;
(C) the testimony requires clarification and
reconsideration;
(D) the testimony does not conform to accepted
standards of care or practice in the specialty of
_________________________; or
(E) the testimony is false, egregious, or totally
without basis; and
(2) report its recommendation with regard to the
complaint made under Subsection (a) to the state specialty society
in a form substantially similar to the following:
(A) the complaint regarding the medical expert
testimony is not valid;
(B) the complaint regarding the medical expert
testimony cannot be resolved until the following materials are
provided to the peer review committee: _________________________;
or
(C) the complaint is valid and the medical expert
testimony is not in conformity with the established standards and
practices of _________________________ specialty, and the
committee recommends revocation of the medical expert certificate
held by the medical expert for five years.
(e) Not later than seven days after the peer review
committee renders a final determination and recommendation under
Subsection (c), the state specialty society shall submit to the
board:
(1) the final report and recommendations of the
committee regarding the medical expert testimony and the complaint
in the manner required under Subsection (d); and
(2) the materials containing the medical expert
testimony that is the basis of the complaint and all other relevant
materials concerning the medical circumstances of the medical
liability litigation and any applicable comments described in
Subsection (d)(1)(B), (C), (D), or (E).
(f) A determination by a peer review committee of a state
specialty society is not subject to appeal.
(g) Not later than 10 days after the board receives the
determination and recommendation of the peer review committee of a
state specialty society under Subsection (d), the board shall
report the determination and recommendation to the medical expert
whose testimony is complained of and to the physician who made the
complaint.
(h) In this section, "medical expert" means a person who is
licensed to practice medicine in this state or in another state.
SECTION 4. This Act takes effect September 1, 2003.