Title 63, Professions Of The Healing Arts

(a) (a) An individual who intentionally, knowingly, or recklessly violates this part commits a Class E felony and, upon conviction, may be fined not more than fifty thousand dollars ($50,000). As used in this subsection (a), “intentional,” “knowing,” and “reckless” have the same …

(a) In addition to all other remedies available under the laws of this state, failure to comply with this part:(1) Provides a basis for a civil malpractice action for actual and punitive damages;(2) Provides a basis for professional disciplinary action under this title or title 6…

(1) This part does not:(1) Create or recognize a right to abortion;(2) Make lawful an abortion that is otherwise unlawful; or(3) Repeal, replace, or otherwise invalidate existing federal laws, regulations, or policies. (1) Create or recognize a right to abortion; (2) Make lawful …

(a) The attorney general and reporter may bring a civil action to:(1) Enforce compliance with this part; or(2) Impose a civil penalty, as described in subsection (b), for a knowing violation of § 63-6-1103(b). (1) Enforce compliance with this part; or (2) Impose a civil penalty, …

(1) For purposes of this part, unless the context otherwise requires:(1) “Cytopathology services” means the examination of cells from fluids, aspirates, washings, brushings or smears, including the Pap test examination performed by a physician or under the supervision of a physic…

(1) A clinical laboratory or physician, located in this state, or in another state, providing cytopathology services for patients in this state, shall present or cause to be presented a claim, bill or demand for payment for these services only to the following:(1) The patient dir…

Except as provided by § 63-6-1206, no licensed practitioner in the state shall, directly or indirectly, charge, bill or otherwise solicit payment for cytopathology services, unless the professional component of the services was rendered personally by the licensed practitioner or …

No patient, insurer, third party payor, hospital, public health clinic or nonprofit health clinic shall be required to reimburse any licensed practitioner for charges or claims submitted in violation of this part.

Nothing in this part shall be construed to mandate the assignment of benefits for cytopathology services as defined in § 63-6-1201.

This part does not prohibit billing of a referring laboratory for cytopathology services in instances where a sample or samples must be sent to another specialist; provided, that, for purposes of this section, “referring laboratory” does not include a laboratory of a physician's …

The appropriate state licensing board having jurisdiction over any practitioner who may request or provide cytopathology services may revoke, suspend or deny renewal of the license of any practitioner who violates this part.

This part is known and may be cited as the “Individualized Investigational Treatment Act.”

(1) As used in this part:(1) “Eligible facility” means an institution operating under principles of Federalwide Assurance (FWA) for the Protection of Human Subjects in accordance with 45 CFR 46 and 42 U.S.C. § 289(a);(2) “Eligible patient” means an individual who meets all of the…

(a) A manufacturer operating within an eligible facility and pursuant to all applicable FWA laws and regulations may make available an individualized investigative treatment and an eligible patient may request an individualized investigational treatment from an eligible facility …

(a) This part does not expand the coverage required of an insurer under title 56, chapter 7. (b) A health plan, third-party administrator, or governmental agency may, but is not required to, provide coverage for the cost of an individualized investigational treatment, or the cost…

If a patient dies while being treated by an individualized investigational treatment, the patient's heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.

A licensing board or disciplinary subcommittee shall not revoke, fail to renew, suspend, or take any action against a healthcare provider's license issued under this title, based solely on the healthcare provider's recommendations to an eligible patient regarding access to or tre…

An official, employee, or agent of this state shall not block or attempt to block an eligible patient's access to an individualized investigational treatment. The rendering of counseling, advice, or a recommendation consistent with medical standards of care from a licensed health…

(a) This part does not create a private cause of action against a manufacturer of an individualized investigational treatment or against any other person or entity involved in the care of an eligible patient using the individualized investigational treatment for any harm done to …

(a) No person shall practice medicine in any of its departments within this state unless and until such person has obtained a license from the board created by § 63-6-101. The provisions in this chapter with reference to obtaining a license from the board do not apply to any pers…

(a) It is unlawful for any itinerant physician or vendor of any drug, nostrum, ointment or application of any kind intended for treatment of disease or injury to sell or apply the same or for such itinerant physician or vendor, by writing, printing or other methods, to profess to…

(a) (1) Any person who practices medicine or surgery in this state without having first complied with the provisions of this chapter commits a Class B misdemeanor for each instance of such practice.(2) Each time any person practices medicine or surgery without first obtaining a v…

(a) (1) Any person shall be regarded as practicing medicine within the meaning of this chapter who treats, or professes to diagnose, treat, operates on or prescribes for any physical ailment or any physical injury to or deformity of another, or who, using clinical judgment, deter…

(a) It is unlawful for any person to practice naturopathy in this state. (b) “Naturopathy” means nature cure or health by natural methods and is defined as the prevention, diagnosis and treatment of human injuries, ailments and disease by the use of such physical forces as air, l…

(a) It is a Class B misdemeanor, and disqualifies for office, for the board to issue a license to any person except as prescribed in this chapter. Should the board be so disqualified, the governor shall appoint a new board in full as provided in this chapter. (b) In no event shal…

(a) A person desiring to practice medicine or surgery in this state shall make application in writing to the board or via online application, which shall be accompanied by:(1) If a United States or Canadian medical school graduate:(A) A certificate from a medical school whose cur…

(a) A physician who is duly qualified to practice medicine under the laws of another state is exempt from the licensure requirements of § 63-6-201, subject to this section, if either of the following applies:(1) The physician has a written or oral agreement with a sports team to …

(a) Licenses shall be issued promptly by the division as directed by the board after the board determines that an applicant has met all licensure criteria or qualifications and successfully passed the examination. The board shall also issue to such applicant a certificate of regi…

(a) Each person licensed to practice medicine in this state shall, pursuant to the renewal system established in subsection (b), biennially apply to the board for a renewal of licensure and shall pay a renewal fee as set by the board. Each application shall be made on a form to b…

(a) (1) The board is authorized to accept the certificates of licensure from other states as long as the applicant's certificates and qualifications meet or exceed the requirements set forth in § 63-6-207 and the rules promulgated pursuant thereto.(2) (A) When the board receives …

The board shall keep a record of their proceedings in a book provided for that purpose, which book shall be open for inspection and shall record the name of each applicant, the time of granting a license and the names of the members of the board present. Where a license is denied…

(a) The members of the board shall investigate any supposed violation of this chapter and report to the proper district attorney general all the cases that in the judgment of such member or members warrant prosecution. (b) It is the duty of the district attorneys general to prose…

(a) The board has the power to:(1) Deny an application for a license to any applicant who applies for the same through reciprocity or otherwise;(2) Permanently or temporarily withhold issuance of a license;(3) Suspend, or limit or restrict a previously issued license for such tim…

(a) The board shall adopt rules and regulations to regulate the nature, manner, content and extent of advertising by practitioners who are under the jurisdiction of such board. (b) If advertising is permitted, all methods must be allowed: newspaper, radio and television.

All proceedings for disciplinary action against a licensee under this chapter shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

After the board has revoked the license of any person for any of the grounds specified in §§ 63-6-214 and 63-6-215, such person shall not thereafter practice medicine or surgery in the state, and for each and every instance of such practice the person commits a Class B misdemeano…

(a) This section shall be known and cited as the “Good Samaritan Law.” (b) Any person, including those licensed to practice medicine and surgery and including any person licensed or certified to render service ancillary thereto, or any member of a volunteer first aid, rescue or e…

(a) No person shall use or assume the title “registered surgical assistant” unless such person is registered with the board as a registered surgical assistant. (b) The board shall register as a registered surgical assistant any applicant who presents satisfactory evidence that th…

(a) Physicians may treat juvenile drug abusers without prior parental consent. (b) A physician may use the physician's own discretion in determining whether to notify the juvenile's parents of such treatment.

(a) For the purposes of this section, unless the context otherwise requires:(1) “Board” means the board of medical examiners;(2) “Level II office-based surgery” means Level II surgery, as defined by the board of medical examiners in its rules and regulations, that is performed ou…

(a) Any licensed physician may perform emergency medical or surgical treatment on a minor, despite the absence of parental consent or court order, where such physician has a good faith belief that delay in rendering emergency care would, to a reasonable degree of medical certaint…

(a) Any person licensed to practice medicine, including those persons rendering service pursuant to § 63-6-204, may, for the purpose of providing prenatal care, examine, diagnose and treat a minor without the knowledge or consent of the parents or legal guardian of the minor and …

(a) The board has, in regard to operators of X-ray equipment and machines in physician offices, the authority by rule to:(1) Establish and issue limited X-ray certifications to qualified individuals in the areas of densitometry, chest, extremities, skull, sinus, and spine;(2) Est…

(a) It is an offense for any licensed physician or surgeon to divide or to agree to divide any fee or compensation of any sort received or charged in the practice of medicine or surgery with any person without the knowledge and consent of the person paying the fee or compensation…

(a) Any person who violates § 63-6-225 shall also forfeit and pay treble the value of the fee or compensation to the person applying the same or against whom the fee may be charged, or from whom it may have been demanded, and if the party entitled to sue does not sue within two (…

The license of any physician or surgeon who is convicted of a violation of § 63-6-225 may, upon the first conviction, and shall, upon any subsequent conviction, be adjudged to be cancelled and annulled by the court before which the conviction may be and, without further trial or …