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California Civil Code Section 43.95

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 43.95

(a) There shall be no monetary liability on the part of, and
no cause  of action for damages shall arise against, any
professional society or any nonprofit corporation authorized by a
professional society to operate a referral service, or their agents,
employees, or members, for referring any member of the public to any
professional member of the society or service, or for acts of
negligence or conduct constituting unprofessional conduct committed
by a professional to whom a member of the public was referred, so
long as any of the foregoing persons or entities has acted without
malice, and the referral was made at no cost added to the initial
referral fee as part of a public service referral system organized
under the auspices of the professional society.  Further, there shall
be no monetary liability on the part of, and no cause of action for
damages shall arise against, any professional society for providing a
telephone information library available for use by the general
public without charge, nor against any nonprofit corporation
authorized by a professional society for providing a telephone
information library available for use by the general public without
charge.  "Professional society" includes legal, psychological,
architectural, medical, dental, dietetic, accounting, optometric,
podiatric, pharmaceutic, chiropractic, veterinary, licensed marriage
and family therapy, licensed clinical social work, and engineering
organizations having  as members at least 25 percent of the eligible
persons or licentiates in the geographic area served by the
particular society.  However, if the society has less than 100
members, it shall have as members at least a majority of the eligible
persons or licentiates in the geographic area served by the
particular society.  "Professional society" also includes
organizations with referral services that have been authorized by the
State Bar of  California and operated in accordance with its Minimum
Standards for a Lawyer Referral Service in California, and
organizations that have been established to provide free assistance
or representation to needy patients or clients.
   (b) This section shall not apply whenever the professional
society, while making a referral to a professional member of the
society, fails to disclose the nature of any disciplinary action of
which it has actual knowledge taken by a state licensing agency
against that professional member.  However, there shall be no duty to
disclose a disciplinary action in either of the following cases:
   (1) Where a disciplinary proceeding results in no disciplinary
action being taken against the professional to whom a member of the
public was referred.
   (2) Where a period of three years has elapsed since the
professional to whom a member of the public was referred has
satisfied any terms, conditions, or sanctions imposed upon the
professional as disciplinary action; except that if the professional
is an attorney, there shall be no time limit on the duty to disclose.

Last modified: January 12, 2009