§ 90.005.Prohibited Basis for Diagnosis

A short provision aimed directly at the practice that produced 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 that was conducted in violation of any law, regulation, licensing requirement, or medical code of practice.

Subsection (b) supplies the consequence: a physician who relies on such information produces an opinion or report that does not comply with the requirements of this chapter — and a non-compliant report is subject to dismissal under the motion provision.

The provision responds to mass screening operations. Large numbers of claims were generated by screening companies that examined workers in bulk, produced x-ray readings and diagnoses at volume, and supplied them to physicians who signed reports without independent examination.

The four grounds are broad — law, regulation, licensing requirement, or medical code of practice. The last reaches conduct that was not illegal but departed from professional standards.

The section works alongside the reporting requirements, which independently demand that the physician or a professional under their direct supervision performed the examination and took the histories. Together they require the diagnosis to rest on the physician's own work.