RÉSUMÉ DIGEST
ACT 381 (SB 121) 2017 Regular Session Ward
Prior law provided that in civil proceedings, the parties may obtain discovery by various
methods, including physical and mental examinations.
Prior law further provided 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.
Prior law further provided 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.
New law retains prior law and adds reference to such examinations as additional medical
opinions for physical and mental examinations.
New law further provides that a plaintiff shall not be ordered to submit to multiple
examinations by multiple physicians within the same field of specialty for the same injury
except for good cause shown.
New law provides that a minor shall have the right to have a parent, tutor, or legal guardian
present during the examination, and that, if such person cannot be present, the court shall
order the examination to be videotaped at the expense of the party being examined.
New law requires that the court consider the best interests of the minor, and provides that
the court may impose conditions upon videotaping, including that it be done in a manner
least harmful to the minor and without disclosure to the minor.
Prior law relative to employer and employee administrative procedures and claims provided
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.
Prior law further provided 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 provided 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.
Prior law referred to such examinations as independent medical examinations and the
examiner as an independent medical examiner. New law changes references to additional
medical opinion medical examinations and compulsory medical examiners.
Prior law, relative to the Minority and Women's Business Enterprise Act, provided 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. New law changes reference from "independent medical
examination" to "additional medical opinion medical examination".
Prior law, relative to the Protection From Family Violence Act, provided 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. New
law changes reference from "medical evaluation" to "additional medical opinion medical
evaluation". Effective upon signature of governor (June 23, 2017).
(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))