Louisiana 2012 2012 Regular Session

Louisiana House Bill HB206 Engrossed / Bill

                    HLS 12RS-701	ENGROSSED
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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. 206
BY REPRESENTATIVE GIROD JACKSON
ETHICS/NEPOTISM:  Provides relative to nepotism exceptions involving certain health
professionals
AN ACT1
To amend and reenact R.S. 42:1119(B)(2)(b)(i), relative to nepotism; to remove certain2
restrictions relative to contracting with and employment of immediate family3
members by hospital service districts and hospital public trust authorities; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:1119(B)(2)(b)(i) is hereby amended and reenacted to read as7
follows: 8
§1119.  Nepotism9
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B.11
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(2)  Notwithstanding the provisions of Paragraph (1) of this Subsection:13
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(b)(i) Any hospital service district with a population of one hundred15
thousand persons or less as of the most recent federal decennial census or hospital16
public trust authority located in such a district may enter into an initial recruiting17
contract with or employ as a health care provider, a licensed physician, a registered18
nurse, or an allied health professional who is a member of the immediate family of19
any district board, authority, or parish governing authority member or of the chief20 HLS 12RS-701	ENGROSSED
HB NO. 206
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CODING: Words in struck through type are deletions from existing law; words underscored
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executive of the district or authority provided that such family member is 	the only1
a qualified applicant who has applied for the position after it has been advertised for2
at least thirty days in the official journal of the parish and in all newspapers of3
general circulation in the parish where the hospital is located. The chief executive4
and any member of a board of a hospital service district or hospital public trust5
authority which enters into an initial recruiting contract with or employs such6
physician, registered nurse, or allied health professional shall recuse himself from7
any decision involving the promotion, discipline, discharge, or assignment of any8
such employee who is a member of his immediate family.9
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Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
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)]
Girod Jackson	HB No. 206
Abstract: Removes certain restrictions relative to contracting with and employment of
immediate family members by hospital service districts and hospital public trust
authorities.
Present law (ethics code – R.S. 42:1119), relative to nepotism, prohibits employment of an
immediate family member of a member of the governing authority or the chief executive of
a governmental entity by the governmental entity.  Provides an exception for any hospital
service district with a population of 100,000 persons or less or hospital public trust authority
located in such a district. Such a district or authority may enter into an initial recruiting
contract with or employ as a health care provider, a licensed physician, a registered nurse,
or an allied health professional who is a member of the immediate family of any district
board, authority, or parish governing authority member or of the chief executive of the
district or authority if such family member is the only qualified applicant who has applied
for the position after it has been advertised as provided by 	present law.  
Proposed law removes the population limit on this exception. Provides that the immediate
family member be a qualified applicant, not the only qualified applicant. Otherwise retains
present law. HLS 12RS-701	ENGROSSED
HB NO. 206
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law, retained by proposed law, further provides for recusal.  Requires the filing of
a disclosure statement with the Board of Ethics stating the facts of such employment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1119(B)(2)(b)(i))