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 Engrossed 2022 Regular Session Seabaugh
Abstract: Provides for the procedure and orders for additional medical opinions regarding physical
or mental conditions in controversy.
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 provides that upon motion of the opposing party, the court
shall order a party to submit to one or more additional medical opinions.
Present law provides that an order may be made only on motion for good cause shown and upon
notice to the person to be examined and all parties. Present law provides for information required
in such order.
Proposed law removes present law order requirements.
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 shown.
Proposed law supersedes present law and provides that when the party has placed more than one
mental or physical condition in controversy, the court shall, upon motion of the opposing party, order
separate examinations regarding each mental or physical condition placed in controversy.
Proposed law provides that the party shall not be examined by more than one duly qualified medical
practitioner in any one field or specialty for the same injury except for good cause shown.
Present law provides that a minor shall have the right to have a parent, tutor, or legal guardian
present during the examination. If a parent, tutor, or legal guardian cannot be present, the court shall
order the examination be videotaped.
Proposed law provides that except as provided in present law any individual or emancipated minor
shall have no right to have a third party present or to have the examination videotaped.
(Amends C.C.P. Art. 1464)
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Remove requirement of a party to submit to an examination as soon after the incident
that caused the action in controversy as demanded by the requesting party and thereafter
when reasonably necessary.
2. Provide that the party shall not be examined by more than one duly qualified medical
practitioner in any one field or specialty for the same injury except for good cause shown.
3. Prohibit individuals and emancipated minors from having the examination videotaped
or having a third party present.