2006 Code of Virginia § 54.1-2964 - Disclosure of interest in referral facilities and clinical laboratories

54.1-2964. Disclosure of interest in referral facilities and clinicallaboratories.

A. Any practitioner of the healing arts shall, prior to referral of a patientto any facility or entity engaged in the provision of health-relatedservices, appliances or devices, including but not limited to physicaltherapy, hearing testing, or sale or fitting of hearing aids or eyeglassesprovide the patient with a notice in bold print that discloses any knownmaterial financial interest of or ownership by the practitioner in suchfacility or entity and states that the services, appliances or devices may beavailable from other suppliers in the community. In making any such referral,the practitioner of the healing arts may render such recommendations as heconsiders appropriate, but shall advise the patient of his freedom of choicein the selection of such facility or entity. This section shall not beconstrued to permit any of the practices prohibited in 54.1-2914 or Chapter24.1 ( 54.1-2410 et seq.) of this title.

In addition, any practitioner of the healing arts shall, prior to orderingany medical test from an independent clinical laboratory for a patient,provide the patient with notice in bold print that discloses any knownmaterial financial interest or ownership by the practitioner in suchlaboratory unless the independent clinical laboratory is operated by apublicly held corporation. The practitioner shall inform the patient aboutthe accreditation status and credentials of the laboratory.

B. The Attorney General, an attorney of the Commonwealth, the attorney for acity, county or town, or any aggrieved patient may cause an action to bebrought in the appropriate circuit court in the name of the Commonwealth, ofthe county, city or town, or of any aggrieved patient, to enjoin anyviolation of this section. The circuit court having jurisdiction may enjoinsuch violations, notwithstanding the existence of an adequate remedy at law.When an injunction is issued, the circuit court may impose a civil fine to bepaid to the Literary Fund not to exceed $1,000. In any action under thissection, it shall not be necessary that damages be proven.

(1986, c. 348, 54-278.3; 1988, cc. 765, 874; 1989, c. 282; 1993, c. 869.)