Bill Text: VA HB202 | 2024 | Regular Session | Chaptered


Bill Title: Optometrists; expert witness testimony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0718) [HB202 Detail]

Download: Virginia-2024-HB202-Chaptered.html

CHAPTER 718
An Act to amend and reenact §8.01-401.2 of the Code of Virginia, relating to optometrists; expert witness testimony.
[H 202]
Approved April 8, 2024

 

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, physician assistant, advanced practice registered nurse, or optometrist 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 or an advanced practice registered nurse, 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 or 54.1-2957, respectively. However, no physician assistant or advanced practice registered nurse 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.

C. An optometrist, 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 optometry as defined in §54.1-3201.

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