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2006 SESSION

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HB 1110 Physicians; immunity thereof for failing to review or act on any laboratory tests, etc., exception.

Introduced by: Clifford L. Athey, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Immunity of physicians for laboratory results and examinations.  Creates a new Code section that provides that a physician is not liable for failure to review or act on results of laboratory tests or examinations that he did not request or authorize unless the physician is provided the report with a request for consultation, the physician assumes responsibility for the report, or the physician has reason to know that the report result is needed.  The physician must additionally prove one of the following in order to be immune: (i) no physician-patient relationship existed; (ii) the physician received the results without a request for consultation; (iii) the results were not part of the physician's management of the patient; or (iv) interpreting the results would exceed the physician's scope of practice.

SUMMARY AS INTRODUCED:

Immunity of physicians for laboratory results and examinations.  Moves to a new Code section a provision that a physician is not liable for failing to review or act on any laboratory tests or examinations that he did not authorize or request unless the report of the test results is provided directly to the physician by the patient with a request for consultation. The provision is slightly modified to exclude test results sent by the Department of Health. The bill provides that the liability exemption does not apply if three conditions exist; these conditions include managing active treatment, actual knowledge that the test results are pending or awaiting action by the physician, and the physician is reasonably qualified to interpret and manage the results of the test or examination.