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HomeBusiness and Professions CodeDiv. 2Ch. 5Art. 12§ 2317 Expert Witness Legal Protection

§ 2317 Expert Witness Legal Protection

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2317 Expert Witness Legal Protection

Key Takeaways

  • •If someone helps the Medical Board of California or the Podiatric Medicine Board by giving their opinion or testimony, and they get sued because of it, the board will pay for their lawyer.
  • •The board will also pay if the person loses the lawsuit, but only for the normal money the court says they have to pay—not extra punishment money.
  • •If the person who got sued has to pay extra punishment money, they have to pay back the board for all the lawyer costs.

Example

A doctor helps the Medical Board by saying another doctor did something wrong. That doctor gets angry and sues the first doctor for saying bad things about them.

The Medical Board will pay for a lawyer to defend the first doctor. If the first doctor loses the case, the board will pay the money the court says they owe, but not any extra punishment money. If the first doctor has to pay extra punishment money, they have to pay the board back for the lawyer costs.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2317 Expert Witness Legal Protection

If a person, not a regular employee of the board, is hired, under contract, or retained under any other arrangement, paid or unpaid, to provide expertise or nonexpert testimony to the Medical Board of California or to the California Board of Podiatric Medicine, including, but not limited to, the evaluation of the conduct of an applicant or a licensee, and that person is named as a defendant in an action for defamation, malicious prosecution, or any other civil cause of action directly resulting from opinions rendered, statements made, or testimony given to, or on behalf of, the committee or its representatives, the board shall provide for representation required to defend the defendant in that civil action. The board shall be liable for any judgment rendered against that person, except that the board shall not be liable for any punitive damages award. If the plaintiff prevails in a claim for punitive damages, the defendant shall be liable to the board for the full costs incurred in providing representation to the defendant. The Attorney General shall be utilized in those actions as provided in Section 2020. (Amended by Stats. 2007, Ch. 678, Sec. 22. Effective January 1, 2008.)

Last verified: January 22, 2026

Key Terms

Medical Board of CaliforniaCalifornia Board of Podiatric Medicinedefamationpunitive damagesAttorney General

Related Statutes

  • § 2225.3 Document Return Deadline
  • § 2220.5 Physician Discipline Authority
  • § 2221.1 Infection Control Violations Discipline
  • § 2222 Podiatric Medicine Discipline Rules
  • § 2248.5 Prostate Cancer Treatment Summary

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 2317.
View Official Source