HLS 10RS-1362 ENGROSSED
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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 performing 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
* * *14
(dd) However, no person or entity referenced in this Part shall be considered15
a "state health care provider" or "person covered by this Part" when performing the16
elective termination of an uncomplicated viable pregnancy.17
* * *18
§1299.41. Definitions and general applications19
* * *20
K. The provisions of this Part shall not apply to any health care provider21
when performing the elective termination of an uncomplicated viable pregnancy.22 HLS 10RS-1362 ENGROSSED
HB NO. 1453
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 coverage under the state and private
Medical Malpractice Acts when performing elective abortions.
Proposed law provides that health care providers are not covered by the state or private
Medical Malpractice Acts when performing the elective termination of an uncomplicated
viable pregnancy.
(Adds R.S. 40:1299.39(A)(1)(a)(iv)(dd) and 1299.41(K))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Clarified that the Medical Malpractice Acts do not apply to certain health care
providers when they are performing an elective termination of an uncomplicated
viable pregnancy.