§ 12-30-103 — Solicitation of accident victims - waiting period - definitions

(1)
Except as permitted by subsection (2) of this section, neither a health-care
practitioner nor an agent of a health-care practitioner shall engage in solicitation
for professional employment concerning a personal injury unless the incident for
which employment is sought occurred more than thirty days before the solicitation.

(2) This section does not apply to any person providing emergency health
care at the time of the incident or follow-up referrals to physicians from the
emergency health-care providers.

(3) Any agreement made in violation of this section is voidable at the option
of the individual suffering the personal injury or the individual's authorized
representative.

(4) As used in this section:

(a) Health-care practitioner means:

(I) An acupuncturist licensed under article 200 of this title 12;

(II) An audiologist licensed under article 210 of this title 12;

(III) A chiropractor licensed under article 215 of this title 12;

(IV) A dentist, dental therapist, or dental hygienist licensed under article 220
of this title 12;

(V) A massage therapist licensed under article 235 of this title 12;

(VI) A physician, physician assistant, or anesthesiologist assistant licensed
under article 240 of this title 12;

(VII) A psychologist, social worker, marriage and family therapist,
professional counselor, or addiction counselor licensed under part 3, 4, 5, 6, or 8 of
article 245 of this title 12;

(VIII) A practical or professional nurse licensed under article 255 of this title
12;

(IX) A nursing home administrator licensed under article 265 of this title 12;

(X) An occupational therapist or occupational therapy assistant licensed
under article 270 of this title 12;

(XI) An optometrist licensed under article 275 of this title 12;

(XII) A pharmacist licensed under article 280 of this title 12;

(XIII) A physical therapist or physical therapist assistant licensed under
article 285 of this title 12;

(XIV) A podiatrist licensed under article 290 of this title 12;

(XV) A psychiatric technician licensed under article 295 of this title 12; or

(XVI) A respiratory therapist licensed under article 300 of this title 12.

(b) Solicitation means an initial contact initiated in person, through any
form of electronic or written communication, or by telephone, telegraph, or
facsimile, any of which is directed to a specific individual, unless the contact is
requested by the individual, a member of the individual's family, or the individual's
authorized representative. Solicitation does not include radio, television,
newspaper, or yellow pages advertisements.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 764, � 1, effective October 1. L. 2022: (4)(a)(IV) amended, (SB 22-219), ch. 381, p. 2724, � 31, effective January 1, 2023.