ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 264
BY REPRESENTATIVE WILLMOTT
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
respiratory therapist, licensed radiologic technologist, licensed clinical laboratory21 ENROLLEDHB NO. 264
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scientist, social worker, hospital administrator, or licensed professional counselor,1
who is either:2
* * *3
§1299.41. Definitions and general applications4
A. As used in this Part:5
* * *6
(10) "Health care provider" means a person, partnership, limited liability7
partnership, limited liability company, corporation, facility, or institution licensed8
or certified by this state to provide health care or professional services as a physician,9
hospital, nursing home, community blood center, tissue bank, dentist, registered or10
licensed practical nurse or certified nurse assistant, offshore health service provider,11
ambulance service under circumstances in which the provisions of R.S. 40:1299.3912
are not applicable, certified registered nurse anesthetist, nurse midwife, licensed13
midwife, nurse practitioner, clinical nurse specialist, pharmacist, optometrist,14
podiatrist, chiropractor, physical therapist, occupational therapist, psychologist,15
social worker, licensed professional counselor, licensed perfusionist, licensed16
respiratory therapist, licensed radiologic technologist, licensed clinical laboratory17
scientist, or any nonprofit facility considered tax-exempt under Section 501(c)(3),18
Internal Revenue Code, pursuant to 26 U.S.C. 501(c)(3), for the diagnosis and19
treatment of cancer or cancer-related diseases, whether or not such a facility is20
required to be licensed by this state, or any professional corporation a health care21
provider is authorized to form under the provisions of Title 12 of the Louisiana22
Revised Statutes of 1950, or any partnership, limited liability partnership, limited23
liability company, management company, or corporation whose business is24
conducted principally by health care providers, or an officer, employee, partner,25 ENROLLEDHB NO. 264
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member, shareholder, or agent thereof acting in the course and scope of his employment.1
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: