HLS 10RS-1362 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1453
BY REPRESENTATIVE JOHNSON
MALPRACTICE/MEDICAL: Excludes health care providers who perform certain
abortions from coverage under the state and private Medical Malpractice Acts
AN ACT1
To enact R.S. 40:1299.39(A)(1)(a)(iv)(dd) and 1299.41(K), relative to medical malpractice;2
to exclude health care providers who perform elective abortions from coverage under3
the Medical Malpractice Act and the Medical Malpractice Act for State Services; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1299.39(A)(1)(a)(iv)(dd) and 1299.41(K) are hereby enacted to7
read as follows: 8
§1299.39. Definitions and general application9
A. As used in this Part:10
(1)(a) "State health care provider" or "person covered by this Part" means:11
* * *12
(iv) * * *13
(dd) However, no person or entity referenced in this Part shall be considered14
a "state health care provider" or "person covered by this Part" if they perform15
elective abortions.16
* * *17
§1299.41. Definitions and general applications18
* * *19 HLS 10RS-1362 ORIGINAL
HB NO. 1453
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
K. The provisions of this Part shall not apply to any health care provider who1
performs an elective abortion.2
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)]
Johnson HB No. 1453
Abstract: Excludes health care providers from the state and private Medical Malpractice
Acts if they perform elective abortions.
Proposed law provides that health care providers who perform elective abortions are not
covered by the state or private Medical Malpractice Acts.
(Adds R.S. 40:1299.39(A)(1)(a)(iv)(dd) and 1299.41(K))