§ 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
Full Text of § 8.01-581.18
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.