HLS 12RS-701 REENGROSSED
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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)(ii) and to enact R.S. 42:1119(B)(2)(b)(iii),2
relative to nepotism; to remove certain restrictions relative to contracting with and3
employment of immediate family members by certain hospital service districts and4
hospital public trust authorities; to provide for recusal; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1119(B)(2)(b)(ii) is hereby amended and reenacted and R.S.8
42:1119(B)(2)(b)(iii) is hereby enacted to read as follows: 9
§1119. Nepotism10
* * *11
B.12
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(2) Notwithstanding the provisions of Paragraph (1) of this Subsection:14
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(b)16
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(ii) Any hospital service district in a parish with a population of between four18
hundred thousand and four hundred forty thousand persons as of the most recent19
federal decennial census or hospital public trust authority located in such a district20 HLS 12RS-701 REENGROSSED
HB NO. 206
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may enter into an initial recruiting contract with or employ as a health care provider,1
a licensed physician, a registered nurse, or an allied health professional who is a2
member of the immediate family of any district board, authority, or parish governing3
authority member or of the chief executive of the district or authority provided that4
such family member is a qualified applicant who has applied for the position after5
it has been advertised for at least thirty days in the official journal of the parish and6
in all newspapers of general circulation in the parish where the hospital is located.7
The chief executive and any member of a board of a hospital service district or8
hospital public trust authority which enters into an initial recruiting contract with or9
employs such physician, registered nurse, or allied health professional shall recuse10
himself from any decision involving the promotion, discipline, discharge, or11
assignment of any such employee who is a member of his immediate family.12
(iii) In addition, no later than January thirtieth of each year, any chief13
executive and any member of a board of a hospital service district or hospital public14
trust authority whose immediate family member enters into an initial recruiting15
contract with or is employed by the hospital service district or hospital public trust16
authority pursuant to this Subparagraph shall file a disclosure statement with the17
Board of Ethics stating the facts of such employment. Any person who fails to18
timely file a disclosure statement under this Item may be assessed a late fee of fifty19
dollars per day, not to exceed one thousand five hundred dollars, subject to the20
provisions of R.S. 42:1157.2.21
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Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 HLS 12RS-701 REENGROSSED
HB NO. 206
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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)]
Girod Jackson HB No. 206
Abstract: Removes certain restrictions relative to contracting with and employment of
immediate family members by certain 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. Provides that 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 retains present law and creates an exception based on the exception in present
law; however, proposed law applies to hospital service districts in a parish with a population
of between 400,000 and 440,000 persons and to hospital public trust authorities located in
such districts and that with respect to such hospital service districts or trust authorities, the
immediate family member must be a qualified applicant, not the only qualified applicant.
Present law, retained by proposed law, further provides for recusal and 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)(ii); Adds R.S. 42:1119(B)(2)(b)(iii))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Removes provisions from proposed law that changed the exception in present
law making it applicable to all districts.
2. Adds provisions creating an exception based on the exception in present law, but
applicable to hospital service districts in a parish with a population of between
400,000 and 440,000 persons and providing that the immediate family member
must be a qualified applicant, not the only qualified applicant.