HLS 12RS-1674 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1025
BY REPRESENTATIVE POPE
HEALTH CARE/PROVIDERS: Provides for assessments, a self-reporting waiver, and the
extension of protected actions and communications applicable to the allied
practitioner health program
AN ACT1
To enact R.S. 37:1281.2, relative to the allied practitioner health program; to establish an2
annual assessment for the identification, monitoring, assistance, and procurement of3
treatment of medical psychologists, physician assistants, and podiatrists suffering4
from certain conditions; to provide for a self-reporting waiver applicable to a5
violation related to the individual's ability to practice his profession with reasonable6
skill and safety by reason of substance abuse or psychiatric condition; to extend7
protected actions and communications to certain enumerated individuals and entities;8
and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 37:1281.2 is hereby enacted to read as follows: 11
ยง1281.2. Allied practitioner health program; assessment, and self-reporting waiver;12
protected action and communication13
A. In addition to all other assessments attendant to the issuance, renewal, or14
reinstatement of a license, permit, certificate, or registration issued by the board15
pursuant to this Part, the board shall charge and collect an annual assessment of16
twenty-five dollars from each medical psychologist, physician assistant, and17
podiatrist to be utilized for the identification, monitoring, assistance, and18
procurement of treatment of medical psychologists, physician assistants, and19 HLS 12RS-1674 ORIGINAL
HB NO. 1025
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podiatrists suffering from substance abuse, chemical dependency, psychiatric1
conditions, or physical deficiencies which may interfere with their ability to practice2
their profession with reasonable skill and safety. The assessment established in this3
Section shall be due at the time of application for the issuance, renewal, or4
reinstatement of a license, permit, certificate, or registration.5
B. With respect to any duty pursuant to this Part for a medical psychologist,6
physician assistant, or podiatrist to self-report a violation of his practice act to the7
board, either immediately or within a prescribed period of time of the occurrence, a8
report shall not be required if the violation relates to the individual's ability to9
practice his profession with reasonable skill and safety by reason of substance abuse10
or psychiatric condition, provided that since the occurrence the medical psychologist,11
physician assistant, or podiatrist has executed a monitoring agreement with an allied12
practitioner health program designated by the board and he is in full compliance with13
the terms and conditions of the agreement.14
C. The provisions of R.S. 37:1287 shall be equally applicable to any15
nonprofit corporation, foundation, or organization, and to any person who serves as16
a director, trustee, officer, employee, consultant, or attorney for or who otherwise17
works for or is associated with any nonprofit corporation, foundation, or18
organization, that enters into any agreement with the board related to the operation19
of any committee or program to identify, investigate, counsel, monitor, or assist a20
medical psychologist, physician assistant, or podiatrist who suffers or may suffer21
from alcohol or substance abuse or a physical or mental condition, which could22
compromise his ability to practice with reasonable skill and safety to patients, for23
any investigation, action, report, recommendation, decision, or opinion undertaken,24
performed, or made in connection with or on behalf of such committee or program,25
without malice and in the reasonable belief that such investigation, action, report,26
recommendation, decision, or opinion was warranted. 27 HLS 12RS-1674 ORIGINAL
HB NO. 1025
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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)]
Pope HB No. 1025
Abstract: Establishes an annual assessment, a self-reporting waiver, and the extension of
protected actions and communications applicable to the allied practitioner health
program.
Proposed law establishes an annual assessment of $25 on each medical psychologist,
physician assistant, and podiatrist to be used for the identification, monitoring, assistance,
and procurement of treatment of medical psychologists, physician assistants, and podiatrists
suffering from substance abuse, chemical dependency, psychiatric conditions, or physical
deficiencies which may interfere with their ability to practice their profession with
reasonable skill and safety. Further, provides that the assessment established in proposed law
is due at the time of application for the issuance, renewal, or reinstatement of a license,
permit, certificate, or registration.
Proposed law provides that a medical psychologist, physician assistant, or podiatrist has a
self-reporting waiver if a violation of his practice act is related to the individual's ability to
practice his profession with reasonable skill and safety by reason of substance abuse or
psychiatric condition, provided that since the occurrence that medical psychologist,
physician assistant, or podiatrist has executed a monitoring agreement with an allied
practitioner health program designated by the board and he is in full compliance with the
terms and conditions of the agreement.
Proposed law provides that the provisions of law governing protected actions and
communications must be equally applicable to any nonprofit corporation, foundation, or
organization, and to any person who serves as a director, trustee, officer, employee,
consultant, or attorney for or who otherwise works for or is associated with any nonprofit
corporation, foundation, or organization, that enters into any agreement with the board
related to the operation of any committee or program to identify, investigate, counsel,
monitor, or assist a medical psychologist, physician assistant, or podiatrist who suffers or
may suffer from alcohol or substance abuse or a physical or mental condition, which could
compromise his ability to practice with reasonable skill and safety to patients, for any
investigation, action, report, recommendation, decision, or opinion undertaken, performed,
or made in connection with or on behalf of such committee or program, without malice and
in the reasonable belief that such investigation, action, report, recommendation, decision,
or opinion was warranted.
(Adds R.S. 37:1281.2)