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AGO Opinions with Topic: CONSUMER PROTECTION ACT
AGO 1962 No. 111
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April 11, 1962
CONSUMER PROTECTION ACT - MEDICAL SERVICES OF PHYSICIANS AND SURGEONS UNDER §§ 7 AND 5 - CONTRACT FOR PREPAID MEDICAL CARE LIMITING PURCHASER TO SERVICES OF MEMBERS OF CERTAIN MEDICAL SOCIETY AS EXEMPT UNDER § 17
CONSUMER PROTECTION ACT ‑- MEDICAL SERVICES OF PHYSICIANS AND SURGEONS UNDER §§ 7 AND 5‑- CONTRACT FOR PREPAID MEDICAL CARE LIMITING PURCHASER TO SERVICES OF MEMBERS OF CERTAIN MEDICAL SOCIETY AS...
(1) Section 7 of the consumer protection act does not exempt services performed by a physician or surgeon from the other provisions of the act. (2) The word "services" in § 5 includes medical service performed by a physician or surgeon. (3) A contract for prepaid medical care limiting the purchaser to the services of physicians or surgeons who are members of a certain medical society is exempt from application of the act by the provisions of § 17, since such transaction is permitted under the health care services act, unless the transaction violates Article XII, § 22 of the constitution. If such transaction constitutes a violation of the substantive provisions of the consumer protection act, and Article XII, § 22, of the constitution, then the remedies provided in said act are applicable.
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