BILL NUMBER: AB 1767	INTRODUCED
	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.