§ 36-2-19 — Practitioner prohibited from referring patient to certain unaffiliated health care facilities.

It is unprofessional for a practitioner of the healing arts to refer a patient to an unaffiliated health care facility in which the practitioner, the practitioner's immediate family, or a corporation or limited liability company owned in whole or in part by the practitioner has a substantial financial interest without disclosing the general nature of this interest to the patient, the patient's parent or guardian, at the time of the referral. As used in this section, a substantial financial interest is an ownership interest of twenty - five percent or more, a direct creditor's interest in twenty - five percent or more of the facility's debt, or a direct lessor's interest in twenty - five percent of more of a lease to the facility. Immediate family means the spouse and children of the practitioner. Such conduct constitutes grounds for discipline by the practitioner's appropriate licensing board.

Legislative History

SL 1994, ch 290, § 2.