The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry G. Jones.
DIGEST
SB 121 Original 2017 Regular Session Ward
Present law provides that in civil proceedings the parties may obtain discovery by various methods,
including physical and mental examinations.
Present law further provides that when the mental or physical condition of a party, or of a person in
the custody or under the legal control of a party, is in controversy, the court in which the action is
pending may order the party to submit to a physical or mental examination by a physician or to
produce for examination the person in his custody or legal control, except as provided by law. In
addition, the court may order the party to submit to an examination by a vocational rehabilitation
expert or a licensed clinical psychologist who is not a physician, provided the party has given notice
of intention to use such an expert.
Present law further provides that such court orders for mandatory examinations may be made only
on motion for good cause shown and upon notice to the person to be examined and to all parties and
shall specify the time, place, manner, conditions, and scope of the examination and the person or
persons by whom it is to be made.
Proposed law retains present law and adds reference to such examinations as compulsory physical
and mental examinations.
Present law relative to employer and employee administrative procedures and claims provides that
if a dispute arises as to the condition of an employee, or the employee's capacity to work, the
employee may be ordered to undergo an examination to be made by a medical practitioner selected
and appointed by the director. The medical examiner shall report his conclusions from the
examination to the director and to the parties and such report shall be prima facie evidence of the
facts therein stated.
Present law further provides procedures for such examination and resulting report, including
communications to the employee regarding such examination, and requesting by any party of such
examination in a dispute prior to pretrial conference. Further provides for potential sanctions for an
employee who refuses to submit himself to such examination, including suspension by the employer
or payor of the employee's right to compensation or action until the examination takes place.
Present law refers to such examinations as independent medical examinations and the examiner as
an independent medical examiner. Proposed law changes references to compulsory medical
examinations and compulsory medical examiners.
Present law relative to Minority and Women's Business Enterprise Act provides that for the purpose
of determining whether a person is disabled the state may require an additional medical examination by a physician chosen by the state, at the applicant's expense, prior to approval of an application.
Proposed law changes reference from independent medical examination to compulsory medical
examination.
Present law relative to the Protection From Family Violence Act provides that in domestic abuse
cases the court may grant any protective order or approve any consent agreement to bring about a
cessation of domestic abuse, or the threat or danger thereof, to a party, any minor children, or any
person alleged to be incompetent, which relief may include but is not limited to, ordering a medical
evaluation of the defendant or the abused person, or both. Proposed law changes reference from
medical evaluation to compulsory medical evaluation.
Effective upon signature of governor or lapse of time for gubernatorial actions.
(Amends C.C.P. Arts. 1421 and 1464, R.S. 23:1123, 1124, 1203(E), 1221(4)(s)(ii), 1307 and 1317.1,
R.S. 39:1952(14)(e), and R.S. 46:2136(A)(4))