HLS 10RS-1176 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 264
BY REPRESENTATIVE WILLMOTT
MALPRACTICE/MEDICAL: Adds certain persons to the Medical Malpractice Act and the
Medical Malpractice Act for State Services
AN ACT1
To amend and reenact R.S. 40:1299.39(A)(1)(a)(ii)(introductory paragraph) and2
1299.41(A)(10), relative to medical malpractice; to provide for certain persons to be3
included in the definition of health care provider under the private and state medical4
malpractice acts; and 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)(ii)(introductory paragraph) and 1299.41(A)(10)7
are hereby amended and reenacted to 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
(ii) A person acting in a professional capacity in providing health care13
services, by or on behalf of the state, including but not limited to a physician,14
psychologist, coroner, and assistant coroner who is a licensed physician when acting15
solely in accordance with the Mental Health Law as provided in R.S. 28:50 et seq.,16
provided that the premium costs of such malpractice coverage shall be the17
responsibility of the coroner's office, dentist, registered nurse, licensed practical18
nurse, nurse practitioner, clinical nurse specialist, pharmacist, optometrist, podiatrist,19
physical therapist, laboratory or X-ray technician, occupational therapist, licensed20 HLS 10RS-1176 ORIGINAL
HB NO. 264
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respiratory therapist, licensed radiologic technologist, licensed clinical laboratory1
scientist, social worker, hospital administrator, or licensed professional counselor,2
who is either:3
* * *4
§1299.41. Definitions and general applications5
A. As used in this Part:6
* * *7
(10) "Health care provider" means a person, partnership, limited liability8
partnership, limited liability company, corporation, facility, or institution licensed9
or certified by this state to provide health care or professional services as a physician,10
hospital, nursing home, community blood center, tissue bank, dentist, registered or11
licensed practical nurse or certified nurse assistant, offshore health service provider,12
ambulance service under circumstances in which the provisions of R.S. 40:1299.3913
are not applicable, certified registered nurse anesthetist, nurse midwife, licensed14
midwife, nurse practitioner, clinical nurse specialist, pharmacist, optometrist,15
podiatrist, chiropractor, physical therapist, occupational therapist, psychologist,16
social worker, licensed professional counselor, licensed perfusionist, licensed17
respiratory therapist, licensed radiologic technologist, licensed clinical laboratory18
scientist, or any nonprofit facility considered tax-exempt under Section 501(c)(3),19
Internal Revenue Code, pursuant to 26 U.S.C. 501(c)(3), for the diagnosis and20
treatment of cancer or cancer-related diseases, whether or not such a facility is21
required to be licensed by this state, or any professional corporation a health care22
provider is authorized to form under the provisions of Title 12 of the Louisiana23
Revised Statutes of 1950, or any partnership, limited liability partnership, limited24
liability company, management company, or corporation whose business is25
conducted principally by health care providers, or an officer, employee, partner,26
member, shareholder, or agent thereof acting in the course and scope of his27
employment.28
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HB NO. 264
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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. 264
Abstract: Adds licensed respiratory therapists, radiologic technologists, and clinical
laboratory scientists to the definition of "health care provider" for the purposes of the
medical malpractice acts for state and private services.
Present law defines "health care provider" for the purposes of the Medical Malpractice Act
for both state and private services.
Proposed law adds licensed respiratory therapists, licensed radiologic technologists, and
licensed clinical laboratory scientists to the definition of "health care provider" under both
the state and private medical malpractice acts.
Present law includes occupational therapists in the definition of "health care provider" in the
Medical Malpractice Act for private services.
Proposed law adds occupational therapists to the definition of "state health care provider".
(Amends R.S. 40:1299.39(A)(1)(a)(ii)(intro. para.) and 1299.41(A)(10))