Sec. 202.204. EXPERT WITNESS. (a) In this section, "expert witness" means a podiatrist or other qualified individual with whom the department contracts to assist the department with reviewing, investigating, or prosecuting complaints filed under this chapter.
(b) The department may contract with an expert witness, including an advisory board member under Section 202.051(a)(1), to assist the department with reviewing, investigating, or prosecuting a complaint filed under this chapter.
(c) Except for an act by an expert witness involving fraud, conspiracy, or malice, an expert witness is immune from liability and may not be subject to a suit for damages for any act arising from the performance of the expert witness's duties in:
(1) participating in an informal conference to determine the facts of a complaint;
(2) evaluating evidence in a complaint and offering an opinion or technical guidance on an alleged violation of this chapter or a rule adopted under this chapter;
(3) testifying at a hearing regarding a complaint; or
(4) making an evaluation, report, or recommendation regarding a complaint.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 8.002, eff. September 1, 2019.