31-16-1. Reuse of kidney dialyzer.

The physician and that physician’s patient retain the discretion to determine whether or not a kidney dialyzer should be reused. No licensed kidney dialysis clinic or provider of kidney dialysis services which is certificated by the Department of Community Health may interfere with the exercise of that discretion by:#

1. (1)

   Requiring the reuse of such dialyzer over the objection of that physician and patient; or#

2. (2)

   Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician’s refusal to reuse a dialyzer and that refusal is based on the patient’s informed consent.#

A provider of kidney dialysis services who is required to comply with subsection (a) of this Code section but who does not so comply shall have no claim or cause of action for reimbursement for those services which were rendered without that compliance.#