HLS 10RS-1731 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1046
BY REPRESENTATIVE WILLMOTT
NURSES/REGISTERED: Authorizes a nurse practitioner to provide health care to a minor
without the consent of the minor's spouse, parent, or guardian
AN ACT1
To amend and reenact R.S. 40:1065.1, 1095, and 1096, relative to a minor's consent to2
medical treatment; to provide for the validity of a minor's consent for treatment by3
a nurse practitioner for venereal disease; to provide for the validity of a minor's4
consent for medical treatment by a nurse practitioner; to provide for the validity of5
a minor's consent for treatment by a nurse practitioner for drug abuse; to provide that6
the consent of the spouse, parent, or guardian of the minor shall not be necessary; to7
provide for notification to the spouse, parent, or guardian of the minor; to provide8
for civil and criminal liability; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:1065.1, 1095, and 1096 are hereby amended and reenacted to read11
as follows: 12
§1065.1. Minor's consent for treatment of venereal diseases 13
A. Consent to the provision of medical or surgical care or services by a14
hospital or public clinic, or to the performance of medical or surgical care or services15
by a physician, licensed to practice medicine in this state, or by a nurse practitioner16
licensed as an advanced practice registered nurse to provide health care in this state,17
when executed by a minor who is or believes himself to be afflicted with a venereal18
disease, shall be valid and binding as if the minor had achieved his majority. Any19
such consent shall not be subject to a later disaffirmance by reason of his minority.20 HLS 10RS-1731 ORIGINAL
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B. The consent of a spouse, parent, guardian, or any other person standing1
in a fiduciary capacity to the minor shall not be necessary in order to authorize such2
hospital care or services or medical or surgical care or services to be provided by a3
physician licensed to practice medicine to such a minor, or by a nurse practitioner4
licensed as an advanced practice registered nurse to provide health care to such a5
minor.6
C. Upon the advice and direction of a treating physician, a treating nurse7
practitioner, or, in the case of a medical staff, any one of them, a physician, a nurse8
practitioner, or member of a medical staff may, but shall not be obligated to, inform9
the spouse, parent or guardian of any such minor as to the treatment given or needed,10
and such information may be given to, or withheld from the spouse, parent, or11
guardian without the consent and over the express objection of the minor.12
D. No physician licensed to practice medicine in this state and no nurse13
practitioner licensed to provide health care in this state shall incur civil or criminal14
liability in connection with any examination, diagnosis, and treatment authorized by15
this section except for negligence. 16
* * *17
§1095. Medical treatment18
A.(1) Consent to the provision of medical or surgical care or services by a19
hospital or public clinic, or to the performance of medical or surgical care or services20
by a physician, licensed to practice medicine in this state, or by a nurse practitioner,21
licensed as an advanced practice registered nurse to provide health care in this state,22
when executed by a minor who is or believes himself to be afflicted with an illness23
or disease, shall be valid and binding as if the minor had achieved his majority. Any24
such consent shall not be subject to a later disaffirmance by reason of his minority.25
(2) A minor may consent to medical care or the administration of medication26
by a hospital licensed to provide hospital services, by a nurse practitioner licensed27
as an advanced practice registered nurse to provide health care in this state, or by a28
physician licensed to practice medicine in this state for the purpose of alleviating or29 HLS 10RS-1731 ORIGINAL
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reducing pain, discomfort, or distress of and during labor and childbirth. The manner1
of administration of medications includes but is not limited to intravenous,2
intramuscular, epidural, and spinal. This consent shall be valid and binding as if the3
minor had achieved her majority, and it shall not be subject to a later disaffirmance4
by reason of her minority.5
B. The consent of a spouse, parent, guardian, or any other person standing6
in a fiduciary capacity to the minor shall not be necessary in order to authorize such7
hospital care or services or medical or surgical care or services, or administration of8
drugs to be provided either by a physician licensed to practice medicine to such a9
minor or by a nurse practitioner licensed as an advanced practice registered nurse to10
provide health care to such a minor.11
C. Upon the advice and direction of a treating physician, a treating nurse12
practitioner, or, in the case of a medical staff, any one of them, a physician, a nurse13
practitioner, or member of a medical staff may, but shall not be obligated to, inform14
the spouse, parent, or guardian of any such minor as to the treatment given or15
needed, and such information may be given to, or withheld from the spouse, parent,16
or guardian without the consent and over the express objection of the minor.17
D. No hospital, no nurse practitioner licensed to provide health care in this18
state, and no physician licensed to practice medicine in this state shall incur civil or19
criminal liability in connection with any examination, diagnosis, and treatment20
authorized by this Section except for negligence.21
§1096. Treatment for drug abuse 22
A. Consent to the provision of medical or surgical care or services by a23
hospital or public clinic, or to the performance of medical or surgical care or services24
by a physician, licensed to practice medicine in this state, or by a nurse practitioner25
licensed as an advanced practice registered nurse to provide health care in this state,26
when executed by a minor who is or believes himself to be addicted to a narcotic or27
other drug, shall be valid and binding as if the minor had achieved his majority. Any28
such consent shall not be subject to a later disaffirmance by reason of his minority.29 HLS 10RS-1731 ORIGINAL
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B. The consent of a spouse, parent, guardian, or any other person standing1
in a fiduciary capacity to the minor shall not be necessary in order to authorize such2
hospital care or services or medical or surgical care or services to be provided by a3
physician licensed to practice medicine to such a minor, or by a nurse practitioner4
licensed as an advanced practice registered nurse to provide health care to such a5
minor. 6
C. Upon the advice and direction of a treating physician, a treating nurse7
practitioner, or, in the case of a medical staff, any one of them, a physician, a nurse8
practitioner, or member of a medical staff may, but shall not be obligated to, inform9
the spouse, parent, or guardian of any such minor as to the treatment given or10
needed, and such information may be given to, or withheld from the spouse, parent,11
or guardian without the consent and over the express objection of the minor.12
D. No hospital, no nurse practitioner licensed to provide health care in this13
state, and no physician licensed to practice medicine in this state shall incur civil or14
criminal liability in connection with any examination, diagnosis, and treatment15
authorized by this section Section except for negligence. 16
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)]
Willmott HB No. 1046
Abstract: Provides for the validity of a minor's consent for medical treatment by a nurse
practitioner, licensed as an advanced practice registered nurse.
Present law provides that consent to the provision of medical or surgical care or services by
a hospital or public clinic, or to the performance of medical or surgical care or services by
a physician, licensed to practice medicine in this state, when executed by a minor who is or
believes himself to be afflicted with a venereal disease, shall be valid and binding as if the
minor had achieved his majority.
Proposed law retains present law, but adds a nurse practitioner, licensed as an advanced
practice registered nurse, to provide health care in this state, to the list of permissible health
care providers.
Present law provides that consent to the provision of medical or surgical care or services by
a hospital or public clinic, or to the performance of medical or surgical care or services by
a physician, licensed to practice medicine in this state, when executed by a minor who is or HLS 10RS-1731 ORIGINAL
HB NO. 1046
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
believes himself to be afflicted with an illness or disease, shall be valid and binding as if the
minor had achieved his majority.
Proposed law retains present law, but adds a nurse practitioner, licensed as an advanced
practice registered nurse to provide health care in this state, to the list of permissible health
care providers.
Present law provides that consent to the provision of medical or surgical care or services by
a hospital or public clinic, or to the performance of medical or surgical care or services by
a physician, licensed to practice medicine in this state, when executed by a minor who is or
believes himself to be addicted to a narcotic or other drug, shall be valid and binding as if
the minor had achieved his majority.
Proposed law retains present law, but adds a nurse practitioner, licensed as an advanced
practice registered nurse to provide health care in this state, to the list of permissible health
care providers.
Present law provides that the consent of a spouse, parent, guardian, or any other person
standing in a fiduciary capacity to the minor shall not be necessary in order to authorize such
hospital care or services or medical or surgical care or services to be provided by a physician
licensed to practice medicine to such a minor.
Proposed law retains present law, but adds a nurse practitioner, licensed as an advanced
practice registered nurse to provide health care in this state, to the list of health care
providers who are not required to provide notification to the spouse, parent, or guardian of
the minor.
Present law provides that, upon the advice and direction of a treating physician, or, in the
case of a medical staff, any one of them, a physician or member of a medical staff may, but
shall not be obligated to, inform the spouse, parent or guardian of any such minor as to the
treatment given or needed, and such information may be given to, or withheld from the
spouse, parent, or guardian without the consent and over the express objection of the minor.
Proposed law retains present law, but adds a nurse practitioner, licensed as an advanced
practice registered nurse to provide health care in this state, to the list of health care
providers who may, but shall not be obligated to, inform the spouse, parent, or guardian of
the minor as to the treatment given or needed.
Present law provides that no hospital and no physician licensed to practice medicine in this
state shall incur civil or criminal liability in connection with any examination, diagnosis and
treatment authorized by present law except for negligence.
Proposed law retains present law, but adds a nurse practitioner, licensed as an advanced
practice registered nurse to provide health care in this state, to the list of health care
providers who shall be immune from civil or criminal liability in connection with any
examination, diagnosis, and treatment authorized except for negligence.
(Amends R.S. 40:1065.1, 1095, and 1096)