BILL NUMBER: AB 1767INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hill FEBRUARY 9, 2010 An act to add Section 2316 to the Business and Professions Code, relating to physicians and surgeons. LEGISLATIVE COUNSEL'S DIGEST AB 1767, as introduced, Hill. Physicians and surgeons: expert testimony. Existing law requires a board under the Business and Professions Code, including the Medical Board of California, to provide legal representation to any person hired or under contract who provides expertise to the board in the evaluation of an applicant or the conduct of a licensee when that person is named as a defendant in a civil action arising out of the evaluation or any opinions rendered, statements made, or testimony given to the board. Existing law also provides immunity from civil liability to any person providing testimony to the Medical Board of California, the California Board of Podiatric Medicine, or the Department of Justice indicating that a licensee may be guilty of unprofessional conduct or may be impaired because of drug or alcohol abuse or mental illness. This bill would require the Medical Board of California to provide representation to any licensed physician and surgeon who provides expertise to the board in the evaluation of the conduct of an applicant or a licensee when, as a result of providing that expertise, the physician and surgeon is subject to a disciplinary proceeding undertaken by a specialty board of which the physician and surgeon is a member. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares that consumer protection is further strengthened when the Medical Board of California uses board-certified physicians and surgeons in the investigation of complaints and the prosecution of administrative disciplinary actions. The Legislature further finds and declares that the use of board-certified physicians and surgeons is consistent with the requirements of Section 2220.08 of the Business and Professions Code, and in conformity with existing case law that requires that the standard of care and any deviations from the standard of care be established by expert witnesses. (b) The Legislature finds and declares that a disturbing trend may be emerging whereby board-certified physicians and surgeons may be subject to discipline from the very boards that certified them as expert witnesses for the Medical Board of California in administrative proceedings. Actual or threatened discipline against board-certified physicians and surgeons may chill participation in the board's expert reviewer program and may significantly impair and hamper the effective and timely resolution of complaints and licensure and disciplinary actions. The Legislature finds and declares that the enactment of legislation is necessary to prevent this occurrence and for the protection of California consumers. SEC. 2. Section 2316 is added to the Business and Professions Code, to read: 2316. If a licensed physician and surgeon who provides expertise to the board in the evaluation of an applicant or a licensee is, as a result of providing that expertise, the subject of a disciplinary proceeding undertaken by a specialty board of which the physician and surgeon is a member, the board shall provide representation for the physician and surgeon in that disciplinary proceeding.