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§ 8.01-581.18.Delivery of results of laboratory tests and other examinations not authorized by physician.

Chapter 21.1. Medical Malpractice · Article 2. Miscellaneous Provisions · Last amended 2006 · Last verified July 16, 2026

In one sentenceWhen a lab test or exam is performed without a physician’s request or authorization, the person who conducted it must give the results directly to the patient, along with a bold-type notice that arranging a physician’s interpretation of the results is the patient’s own responsibility.

Full Text of § 8.01-581.18

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A. Whenever a laboratory test or other examination of the physical or mental condition of any person is conducted by or under the supervision of a person other than a physician and not at the request or with the authorization of a physician, any report of the results of such test or examination shall be provided by the person conducting such test or examination to the person who was the subject of such test or examination. Such report shall state in bold type that it is the responsibility of the person so examined or tested to arrange with his physician for consultation and interpretation of the results of such test or examination. The provisions of this subsection shall not apply to any test or examination conducted under the auspices of the State Department of Health.
B. As used in this section and § 8.01-581.18:1, "physician" means a person licensed to practice medicine, podiatry, chiropractic or osteopathy in this Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1.

Plain-English Summary

This section addresses a specific scenario: a laboratory test or other examination of someone’s physical or mental condition conducted by, or under the supervision of, someone other than a physician, and not done at a physician’s request or with a physician’s authorization. In that situation, whoever conducted the test has to give the results directly to the person tested, and the report has to state, in bold type, that it’s the patient’s own responsibility to arrange with a physician for consultation and interpretation of those results.

Not every unauthorized test triggers this duty — tests or examinations conducted under the auspices of the State Department of Health are excluded. And the section supplies a shared definition of “physician” — a person licensed to practice medicine, podiatry, chiropractic, or osteopathy under Chapter 29 of Title 54.1 — that it states also governs the companion immunity provision in § 8.01-581.18:1.

Frequently Asked Questions

When does this duty to deliver results directly to the patient apply?

When the test or examination is conducted by, or under the supervision of, someone other than a physician, and it was not done at a physician’s request or with a physician’s authorization.

What must the report to the patient say, and how must it appear?

It must state, in bold type, that it is the patient’s own responsibility to arrange with a physician for consultation and interpretation of the results.

Are all lab tests and examinations covered by this section?

No. Tests or examinations conducted under the auspices of the State Department of Health are excluded.

Who counts as a “physician” for purposes of this section?

A person licensed to practice medicine, podiatry, chiropractic, or osteopathy in Virginia under Chapter 29 of Title 54.1.

Does this section’s definition reach beyond itself to any other provision?

Yes. The section states that its definition of “physician” applies to this section and to § 8.01-581.18:1.

Amendment History

Code 1950, § 8-654.11; 1977, c. 527; 1993, c. 702; 2006, cc. 684, 877.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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