84R767 BEF-D
  By: Fletcher H.B. No. 3154
  relating to dental expert witness activity; providing penalties.
         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
               (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
               (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
         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
               (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
                     (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.