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2004 SESSION

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SB 160 Physician-patient relationships; effect of certain emergency department treatment.

Introduced by: H. Russell Potts, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Physician-patient relationships; establishment, effect of certain emergency room evaluations, termination. Provides that any physician-patient relationship that may be created by virtue of an on-call physician or his agent evaluating or treating a patient in an emergency room will be deemed terminated without further notice upon the discharge of the patient from the emergency room or if the patient is admitted to the hospital, upon his discharge from the hospital and after completion of follow-up as prescribed by the physician, unless the physician and the patient affirmatively elect to continue the physician-patient relationship. This provision does not relieve a physician of his post-discharge duty to satisfy the standard of care required in Virginia, i.e., "the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth."

SUMMARY AS INTRODUCED:

Physician-patient relationships; establishment, effect of certain emergency room evaluations, termination. Sets out the parameters for creation of physician-patient relationships, termination of such relationships, and the ramifications of on-call emergency room evaluations of patients by on-call physicians. The six criteria for establishing a physician-patient relationship are for (i) a patient to present at an appointment for evaluation by the physician, a nurse practitioner or physician assistant; (ii) a patient or another health care provider acting on his behalf to communicate with a physician who has agreed to provide call coverage for his partners or other physicians; (iii) a patient to be evaluated by a physician who is on call at a health care institution; (iv) a physician to interpret a diagnostic study or test of a patient; (v) a physician to order a treatment plan for a patient; or (vi) a physician to review the health records of or health information on a patient and providing a written report of consultation to the patient's treating physician. The relationships may be terminated by either the patient or the physician. However, a physician must send written notice to the patient by first-class mail that the relationship is being terminated, the termination will be effective 30 days from the date of the notice or such other date that shall not be less than 30 days from the date of the notice, and provide referral sources or the names of other physicians who the patient may contact to assume his care. Terminated relationships may only be reinstated pursuant to the steps provided for establishing a physician-patient relationship. This provision must not be construed to alter the requirements for a practitioner-patient-pharmacist relationship as required by § 54.1-3303 for the purposes of prescribing and dispensing of controlled substances.