(a) Notwithstanding any other provision of law, with respect to the use of expert testimony in matters brought by the Medical Board of California, no expert testimony shall be permitted by any party unless the following information is exchanged in written form with counsel for the other party, as ordered by the Office of Administrative Hearings:
(1) A curriculum vitae setting forth the qualifications of the expert.
(2) A complete expert witness report, which must include the following:
(A) A complete statement of all opinions the expert will express and the bases and reasons for each opinion.
(B) The facts or data considered by the expert in forming the opinions.
(C) Any exhibits that will be used to summarize or support the opinions.
(3) A representation that the expert has agreed to testify at the hearing.
(4) A statement of the expert’s hourly and daily fee for providing testimony and for consulting with the party who retained his or her services.
(b) The exchange of the information described in subdivision (a) shall be completed 30 calendar days prior to the originally scheduled commencement date of the hearing, or as determined by an administrative law judge when Section 11529 of the Government Code applies.
(c) The Office of Administrative Hearings may adopt regulations governing the required exchange of the information described in this section.
(Amended by Stats. 2017, Ch. 775, Sec. 75. (SB 798) Effective January 1, 2018.)
Last modified: October 25, 2018