43-1B-5. Disclosure form required; contents; posting.

A health care provider shall not refer a patient to an entity in which such health care provider has an investment interest unless, prior to the referral, the health care provider furnishes the patient with a written disclosure form approved by the health care provider’s respective board, informing the patient of:#

1. (1)

   The existence of the investment interest;#

2. (2)

   The name and address of each applicable entity in which the referring health care provider is an investor; and#

3. (3)

   The patient’s right to obtain the items or services for which the patient has been referred at the location or from the health care provider or supplier of the patient’s choice unless otherwise restricted by law, including the entity in which the referring health care provider is an investor.#

The health care provider shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the health care provider’s office.#

The provisions of this Code section shall apply to all referrals made prior to July 1, 1996, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date. Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1996.#

A violation of this Code section shall be grounds for disciplinary action by the board.#