State Codes and Statutes
Statutes > Virginia > Title-8-01 > Chapter-21-1 > 8-01-581-18-1§ 8.01-581.18:1. Immunity of physicians for laboratory results andexaminations.
A. No physician shall be liable for the failure to review or act on theresults of laboratory tests or examinations of the physical or mentalcondition of any patient, which tests or examinations the physician neitherrequested nor authorized, unless (i) the report of such results is provideddirectly to the physician by the patient so examined or tested with a requestfor consultation; (ii) the physician assumes responsibility to review or acton the results; or (iii) the physician has reason to know that in order tomanage the specific mental or physical condition of the patient, review of oraction on the pending results is needed. However, no physician shall beimmune under this section unless the physician establishes that (a) nophysician-patient relationship existed when the results were received oraccessed; or (b) the physician received or accessed the results without arequest for consultation and without responsibility for management of thespecific mental or physical condition of the patient relating to the resultsor (c) the physician consulted on a specific mental or physical condition,the results were not part of that physician's management of the patient andthe physician had no reason to know that he was to inform the patient of theresults or refer the patient to another physician; or (d) the physicianreceived or accessed results, the interpretation of which would exceed thephysician's scope of practice and the physician had no reason to know that hewas to inform the patient of the results or refer the patient to anotherphysician.
B. As used in this section, "physician" means a person licensed to practicemedicine, chiropractic, or osteopathy in the Commonwealth pursuant to Chapter29 (§ 54.1-2900 et. seq.) of Title 54.1.
(2006, c. 684.)
