A. A doctor of chiropractic, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of the practice of chiropractic as defined in § 54.1-2900.
B. A physician assistant or an advanced practice registered nurse, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of his activities as authorized pursuant to § 54.1-2952 or 54.1-2957, respectively. However, no physician assistant or advanced practice registered nurse shall be permitted to testify as an expert witness for or against (i) a defendant doctor of medicine or osteopathic medicine in a medical malpractice action regarding the standard of care of a doctor of medicine or osteopathic medicine or (ii) a defendant health care provider in a medical malpractice action regarding causation.
C. An optometrist, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of the practice of optometry as defined in § 54.1-3201.
1984, c. 569; 2014, cc. 361, 391; 2015, cc. 295, 306; 2017, c. 413; 2023, c. 183; 2024, cc. 718, 764.
Notes of Decisions
Lambert v. Sea Oats Condo. Ass'n, 798 S.E.2d 177 (Va. 2017).
· cites it 2× “However, Code § 8.01-401.2(B) prohibits a trial court from admitting the testimony of a physician's assistant to establish a doctor of medicine's standard of care in a malpractice action.”
Hollingsworth v. Norfolk S. Ry. Co., 689 S.E.2d 651 (Va. 2010).
· cites it 2× “The General Assembly, however, has enacted Code § 8.01-401.2, which provides that a chiropractor "may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, and disability.”
Brown v. Commonwealth Petroleum Servs., Ltd., 63 Va. Cir. 185 (Loudoun Cir. Ct. 2003).
· cites it 6× “In 1984, the Virginia legislature recognized that chiropractors could render expert opinions when it enacted Va. Code §8.01-401.2, which provides: “A doctor of chiropractic, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis,…”
Michael Foster v. Susan McNamara, 920 S.E.2d 573 (Va. Ct. App. 2025).
· cites it 18× “3 The trial occurred April 2, 2024, and Code § 8.01-401.2 was amended effective July 1, 2024.”
Ruben Murphy, III v. Edward Olive, No. 0865232 (Va. Ct. App. Aug. 20, 2024).
· cites it 5× “In his opening brief, he quotes almost all of Code § 8.01-401.2(B), but omits subsection (ii), which states that a nurse practitioner cannot testify as an expert witness against “a defendant health care provider in a medical malpractice action regarding causation.”
Keely Howard v. Radford City Dep't of Soc. Servs., No. 0095233 (Va. Ct. App. Feb. 6, 2024).
· cites it 4× “4 As such, mother’s general objection in the circuit court that Buckner could not testify as an expert witness because she was “just a nurse 3 The guardian ad litem noted for the circuit court that, contrary to Buckner’s argument, Code § 8.01-401.2 permits a nurse practitioner,…”
Patrick Clancy v. Matthew Pearman, No. 0383252 (Va. Ct. App. Apr. 21, 2026).
· cites it 4× “Code § 8.01-401.2 allows only chiropractic doctors, physician assistants, advanced- practice registered nurses, and optometrists to testify as expert witnesses “as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability” within the scope of their respective…”
Cantrell v. Eshelman, 67 Va. Cir. 214 (Roanoke County Cir. Ct. 2005).
· cites it 3× “” Va. Code § 8.01-401.2 (emphasis added). The definition of the practice of chiropractic contained in Va.”
McCarthy v. Atwood, 67 Va. Cir. 237 (Portsmouth Cir. Ct. 2005).
· cites it 3× “Plaintiff counters that defendant has not identified an expert who can make such testimony relevant Va. Code § 8.01-401.2 provides that chiropractors can render expert opinions in those areas defined by Va.”
Va. Code Ann. § 8.01-401.2(A): 1 case
Michael Foster v. Susan McNamara, 920 S.E.2d 573 (Va. Ct. App. 2025).
“3 The trial occurred April 2, 2024, and Code § 8.01-401.2 was amended effective July 1, 2024.”
Va. Code Ann. § 8.01-401.2(B): 3 cases
Lambert v. Sea Oats Condo. Ass'n, 798 S.E.2d 177 (Va. 2017).
“However, Code § 8.01-401.2(B) prohibits a trial court from admitting the testimony of a physician's assistant to establish a doctor of medicine's standard of care in a malpractice action.”
Keely Howard v. Radford City Dep't of Soc. Servs., No. 0095233 (Va. Ct. App. Feb. 6, 2024).
“4 As such, mother’s general objection in the circuit court that Buckner could not testify as an expert witness because she was “just a nurse 3 The guardian ad litem noted for the circuit court that, contrary to Buckner’s argument, Code § 8.01-401.2 permits a nurse practitioner,…”
Ruben Murphy, III v. Edward Olive, No. 0865232 (Va. Ct. App. Aug. 20, 2024).
“In his opening brief, he quotes almost all of Code § 8.01-401.2(B), but omits subsection (ii), which states that a nurse practitioner cannot testify as an expert witness against “a defendant health care provider in a medical malpractice action regarding causation.”
Va. Code Ann. § 8.01-401.2(B)(ii): 1 case
Ruben Murphy, III v. Edward Olive, No. 0865232 (Va. Ct. App. Aug. 20, 2024).
“In his opening brief, he quotes almost all of Code § 8.01-401.2(B), but omits subsection (ii), which states that a nurse practitioner cannot testify as an expert witness against “a defendant health care provider in a medical malpractice action regarding causation.”
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