Principles for TMB Discipline in Expert Medical Testimony: The Texas Medical Association adopted the following principles for Texas Medical Board discipline in expert medical testimony:
When a physician (doctor of medicine or osteopathy) testifies as an expert in a civil proceeding regarding the applicable standard of medical care and whether the defendant has breached that standard, the physician is subject to professional discipline by the Texas Medical Board (TMB) if the testimony constitutes unprofessional conduct.
Knowingly providing false, misleading, spurious, or scientifically unfounded expert medical testimony shall be considered unprofessional conduct.
TMB shall investigate physicians reported for such potential unprofessional conduct and possess the full range of professional disciplinary measures for physicians who violate these standards.
Physicians not licensed in Texas who are licensed and actively practicing in another state may provide expert medical testimony in a Texas civil proceeding regarding the applicable standard of medical care and whether the defendant has breached that care, provided they are registered and possess a limited license from TMB for that sole purpose.
Registration and limited licensure with TMB for the sole purpose of providing expert medical testimony in a Texas civil cause of action shall be through a simple registration document and a nominal charge for annual registration.
This limited licensure shall not constitute the legal certification as an expert, which remains at the discretion of the trial court. However, the court is obligated to verify the full or limited licensure of physicians who testify before it for these purposes, prior to certification as an expert.
Requirements for registration and limited licensure with TMB for the purpose noted above shall include but not be limited to a current unrestricted license in another state and an active clinical practice in that state.
Physicians who are not licensed, but are registered with limited licensure by TMB, shall be bound by the same ethical standards for professional conduct and disciplinary process as licensees of TMB.
When a physician (doctor of medicine or osteopathy) testifies as an expert in a civil proceeding regarding the applicable standard of medical care and whether the defendant has breached that standard, the physician shall not be held liable in a subsequent tort action brought by the adverse party (AHCM-TMB Rep. 1-I-04; reaffirmed CM-PPA Rep. 2-A-17).