Business and Professions Code section 40

(a)

Subject to the standards described in Section 19130 of the Government Code, any board, as defined in Section 22, the State Board of Chiropractic Examiners, or the Osteopathic Medical Board of California may enter into an agreement with an expert consultant to do any of the following:

(1)

Provide an expert opinion on enforcement-related matters, including providing testimony at an administrative hearing.

(2)

Assist the board as a subject matter expert in examination development, examination validation, or occupational analyses.

(3)

Evaluate the mental or physical health of a licensee or an applicant for a license as may be necessary to protect the public health and safety.

(b)

An executed contract between a board and an expert consultant shall be exempt from the provisions of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

(c)

Each board shall establish policies and procedures for the selection and use of expert consultants.

(d)

Nothing in this section shall be construed to expand the scope of practice of an expert consultant providing services pursuant to this section.

Source: Section 40, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=BPC§ionNum=40.­ (updated Sep. 26, 2011; accessed Jun. 25, 2025).

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Verified:
Jun. 25, 2025

§ 40's source at ca​.gov