HB191: Physician assistant; expert witness testimony.


HOUSE BILL NO. 191
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 7, 2014)
(Patron Prior to Substitute--Delegate Minchew)
A BILL to amend and reenact § 8.01-401.2 of the Code of Virginia, relating to expert witness testimony; chiropractor; physician assistant

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-401.2 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-401.2. Chiropractor or physician assistant as expert witness.

A. A doctor of chiropractic, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of the practice of chiropractic as defined in § 54.1-2900.

B. A physician assistant, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of his activities as authorized pursuant to § 54.1-2952. However, no physician assistant shall be permitted to testify as an expert witness for or against (i) a defendant doctor of medicine or osteopathic medicine in a medical malpractice action regarding the standard of care of a doctor of medicine or osteopathic medicine or (ii) a defendant health care provider in a medical malpractice action regarding causation.

HOUSE BILL NO. 191

Offered January 8, 2014
Prefiled December 23, 2013
A BILL to amend and reenact §§ 8.01-401.2 and 8.01-401.2:1 of the Code of Virginia, relating to expert witness testimony; physician assistant; chiropractor; podiatrist.
Patron-- Minchew

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That §§ 8.01-401.2 and 8.01-401.2:1 of the Code of Virginia are amended and reenacted as follows:

§ 8.01-401.2. Chiropractor or physician assistant as expert witness.

A. A doctor of chiropractic, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of the practice of chiropractic as defined in § 54.1-2900.

B. A physician assistant, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of their activities as authorized pursuant to § 54.1-2952.

§ 8.01-401.2:1. Podiatrist or physician assistant as expert witness against doctor.

A No podiatrist or physician assistant shall not be permitted to testify as an expert witness against a doctor of medicine or osteopathic medicine in connection with a medical malpractice civil court proceeding or a medical malpractice review panel in any case where the doctor or osteopath is a defendant in such proceeding.