Anonymous Expert Physician Testimony for a State Medical Licensing Board

Reaffirmed June 2021

Originally approved June 2015

The primary responsibility and obligation of state medical boards is to protect consumers of health care by ensuring that all physicians are properly licensed and comply with various laws and regulations pertaining to the practice of medicine. Anonymous physician expert testimony is permitted by some state medical licensing boards. Such testimony does not provide the accused physician the ability to respond adequately to the accuracy of the testimony. While the courts have permitted anonymous testimony in rare cases of criminal litigation, it permits so only when there is a significant risk of harm to the individual or their family.

Therefore, the American College of Emergency Physicians (ACEP) endorses the following principles:

• State licensing boards should not accept anonymous testimony as expert opinions for or against a physician under review.
• ACEP will consider that any member who provides anonymous expert testimony for or against another physician shall have violated their professional ethical responsibility.