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REFERENCE TITLE: limited liability; physicians; examinations |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2465 |
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Introduced by Representatives McLain, Antenori, Lesko, Montenegro, Reagan: Goodale, Meyer, Stevens, Tobin
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AN ACT
Amending title 12, chapter 5.1, article 1, Arizona Revised Statutes, by adding section 12-574; relating to health care actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 5.1, article 1, Arizona Revised Statutes, is amended by adding section 12-574, to read:
12-574. Liability for independent medical examinations; workers' compensation and personal injury claims and preemployment physical examinations
A. A physician licensed pursuant to title 32, chapter 13 or 17 owes no duty of care and is not liable for any civil or other damages for failing to diagnose, treat or identify a medical condition or failing to communicate the findings of the examination to the person examined if the examination is conducted at the request of a person or entity other than the person being examined and is any of the following:
1. A medical examination scheduled pursuant to section 23-1026.
2. A preemployment medical examination.
3. An examination to determine the extent of injuries by the person being examined in any action for personal injuries or claim for reimbursement of medical expenses or other damages under a policy of insurance.
B. A physician licensed pursuant to title 32, chapter 13 or 17 is liable to a claimant who is examined by the physician as prescribed by subsection a of this section only for personal injuries caused by the physician during the medical examination.