Sec. 90.005. PROHIBITED BASIS FOR DIAGNOSIS. (a) For purposes of this chapter, a physician may not, as the basis for a diagnosis, rely on the reports or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, or screening of the exposed person's medical condition that was conducted in violation of any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted.
(b) If a physician relies on any information in violation of Subsection (a), the physician's opinion or report does not comply with the requirements of this chapter.
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.
Structure Texas Statutes
Civil Practice and Remedies Code
Chapter 90 - Claims Involving Asbestos and Silica
Subchapter A. General Provisions
Section 90.002. Pulmonary Function Testing
Section 90.003. Reports Required for Claims Involving Asbestos-Related Injury
Section 90.004. Reports Required for Claims Involving Silica-Related Injury
Section 90.005. Prohibited Basis for Diagnosis
Section 90.006. Serving Reports
Section 90.007. Motion to Dismiss in Action Filed on or After September 1, 2005
Section 90.008. Voluntary Dismissal
Section 90.009. Joinder of Claimants