HLS 22RS-804 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 705
BY REPRESENTATIVE SEABAUGH
CIVIL/PROCEDURE: Provides relative to additional medical examinations
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 1464, relative to civil procedure; to
3 provide relative to additional medical opinions; to provide for submission to
4 examinations; to provide for multiple examinations in certain circumstances; to
5 provide relative to orders; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Article 1464 is hereby amended and reenacted
8to read as follows:
9 Art. 1464. Order for an Submission to additional medical opinion opinions for
10 physical or mental examination of persons
11 A. When the mental or physical condition of a party, or of a person in the
12 custody or under the legal control of a party, is in controversy, the court in which the
13 action is pending may order the party to submit to an additional medical opinion
14 regarding physical or mental examination by a physician or to produce for
15 examination the person in his custody or legal control, except as provided by law that
16 party shall submit to an examination by a duly qualified medical practitioner
17 provided and paid for by the requesting party, as soon after the incident that caused
18 the action in controversy as demanded, and from time to time thereafter as often as
19 may be reasonably necessary and at reasonable hours and places. In addition, the
20 court may order the party to shall submit to an additional medical opinion regarding
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-804 ORIGINAL
HB NO. 705
1 an examination by a vocational rehabilitation expert or a licensed clinical
2 psychologist who is not a physician, provided the party has given notice of intention
3 to use such an expert, as soon after the incident that caused the action in controversy
4 as demanded and from time to time thereafter as often as may be reasonably
5 necessary and at reasonable hours and places. The order may be made only on
6 motion for good cause shown and upon notice to the person to be examined and to
7 all parties and shall specify the time, place, manner, conditions, and scope of the
8 examination and the person or persons by whom it is to be made.
9 B. Regardless of the number of defendants, a plaintiff shall not be ordered
10 to submit to multiple examinations by multiple physicians within the same field of
11 specialty for the same injury except for good cause shown. Notwithstanding this
12 Paragraph of this Article, when the party has placed more than one mental or
13 physical condition in controversy, or a person in the custody of or under the legal
14 control of a party has had more than one mental or physical conditions placed in
15 controversy, the court shall, upon motion of the opposing party, order separate
16 examinations regarding each mental or physical condition placed in controversy.
17 C. A minor subject to examination under the provisions of this Article shall
18 have the right to have a parent, tutor, or legal guardian present during the
19 examination. If such person cannot be present, the court shall order the examination
20 to be videotaped at the expense of the party being examined. The court shall
21 consider the best interests of the minor and may impose conditions upon videotaping,
22 including that it be done in a manner least harmful to the minor and without
23 disclosure to the minor.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 705 Original 2022 Regular Session Seabaugh
Abstract: Provides for the procedure and orders for additional medical opinions regarding
physical or mental conditions in controversy.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-804 ORIGINAL
HB NO. 705
Present law provides that when the mental or physical condition of a party is in controversy,
the court may order the party submit to an additional medical opinion.
Proposed law changes present law and requires the party to submit to an examination as soon
after the incident that caused the action in controversy as demanded and from time to time
thereafter as often as reasonably necessary. Proposed law removes provision providing that
the court may order the additional medical opinion.
Proposed law changes present law and provides that a party shall submit to additional
medical opinion examinations by vocational rehabilitation or licensed clinical psychologist
opinions if the party has been given notice.
Present law provides that regardless of the number of defendants, 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.
Proposed law supersedes present law in circumstances when the party has placed more than
one mental or physical condition in controversy, where the court shall, upon motion of the
opposing party, order separate examinations regarding each mental or physical condition
placed in controversy.
(Amends C.C.P. Art. 1464)
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.