12-30-103. Solicitation of accident victims - waiting period - definitions

12-30-103. Solicitation of accident victims - waiting period - definitions. (1) Except as permitted by subsection (2) of this section, neither a health-care practitioner nor an agent of a health-care practitioner shall engage in solicitation for professional employment concerning a personal injury unless the incident for which employment is sought occurred more than thirty days before the solicitation.

(2) This section does not apply to any person providing emergency health care at the time of the incident or follow-up referrals to physicians from the emergency health-care providers.

(3) Any agreement made in violation of this section is voidable at the option of the individual suffering the personal injury or the individual's authorized representative.

(4) As used in this section:

(a) "Health-care practitioner" means:

(I) An acupuncturist licensed under article 200 of this title 12;

(II) An audiologist licensed under article 210 of this title 12;

(III) A chiropractor licensed under article 215 of this title 12;

(IV) A dentist, dental therapist, or dental hygienist licensed under article 220 of this title 12;

(V) A massage therapist licensed under article 235 of this title 12;

(VI) A physician, physician assistant, or anesthesiologist assistant licensed under article 240 of this title 12;

(VII) A psychologist, social worker, marriage and family therapist, professional counselor, or addiction counselor licensed under part 3, 4, 5, 6, or 8 of article 245 of this title 12;

(VIII) A practical or professional nurse licensed under article 255 of this title 12;

(IX) A nursing home administrator licensed under article 265 of this title 12;

(X) An occupational therapist or occupational therapy assistant licensed under article 270 of this title 12;

(XI) An optometrist licensed under article 275 of this title 12;

(XII) A pharmacist licensed under article 280 of this title 12;

(XIII) A physical therapist or physical therapist assistant licensed under article 285 of this title 12;

(XIV) A podiatrist licensed under article 290 of this title 12;

(XV) A psychiatric technician licensed under article 295 of this title 12; or

(XVI) A respiratory therapist licensed under article 300 of this title 12.

(b) "Solicitation" means an initial contact initiated in person, through any form of electronic or written communication, or by telephone, telegraph, or facsimile, any of which is directed to a specific individual, unless the contact is requested by the individual, a member of the individual's family, or the individual's authorized representative. "Solicitation" does not include radio, television, newspaper, or yellow pages advertisements.