TITLE X
PUBLIC HEALTH

CHAPTER 125
GENERAL PROVISIONS

Disclosure of Ownership Interests by Health Care Practitioners

Section 125:25-b

    125:25-b Disclosure of Ownership Interest to Patient. –
I. Any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services, or receives compensation or remuneration for referral of such patient to an entity which provides diagnostic or therapeutic services, shall disclose such interest to any patient prior to referring the patient to such entity for diagnostic or therapeutic services.
II. Such information shall be disclosed on a written referral to each patient at the time of referral; or, if referred by phone, verbal disclosure shall be made at the time of referral and a written referral shall be promptly sent to the patient.
III. The referral shall contain the following written conspicuously on its face:
"The referring health care practitioner maintains an ownership interest in the facility to which you are being referred. You are not required to utilize the facility to which you are being referred for these services. These services may be available elsewhere in the community. This office will provide an alternative referral upon your request."
IV. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.
V. This section shall not apply to in-office diagnostic services.
VI. Failure to provide written disclosure of an ownership interest may result in suspension of one's professional license or registration.

Source. 1993, 334:2, eff. July 1, 1993.