SLS 12RS-717 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 446
BY SENATOR PETERSON
MENTAL HEALTH. Prohibits a primary care provider from discriminating in its offering
and providing services to a person based on the person's serious mental illness. (8/1/12)
AN ACT1
To enact R.S. 40:2013.7, relative to mental health; to provide a prohibition on discrimination2
by a primary care provider based on a serious mental illness; to provide definitions;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2013.7 is hereby enacted to read as follows: 6
ยง2013.7. Prohibition on discrimination by a primary care provider based on a7
serious mental illness8
A. No primary care provider shall discriminate in the offering or the9
providing of its services to any person based on the person's serious mental10
illness.11
B. For the purposes of this Section, the following terms shall mean:12
(1) "Primary care provider" means any facility or institution, whether13
public or private, that offers diagnosis, treatment, and inpatient or ambulatory14
care of two or more unrelated persons.15
(2) "Serious mental illness" means any of various conditions16
characterized by impairment of an individual's normal emotional or behavioral17 SB NO. 446
SLS 12RS-717 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
functioning, and caused by social, psychological, biochemical, genetic, or other1
factors expected to exist for more than six months.2
C. This Section shall not apply to hospitals, chiropractors, nursing3
homes, optometrists, or dentists.4
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Ann S. Brown.
DIGEST
Peterson (SB 446)
Proposed law provides no primary care provider shall discriminate in the offering or the
providing of its services to any person based on the person's mental illness or disorder.
Proposed law defines "primary care provider " and "serious mental illness".
Proposed law provides exemptions for hospitals, chiropractors, nursing homes, optometrists,
or dentists.
Effective August 1, 2012.
(Adds R.S. 40:2013.7)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Replaces healthcare facility with community-based physical health care
provider and defines community-based physical health care provider.
2. Replaces mental illness or disorder with serious mental illness and defines
serious mental illness.
3. Provides exemptions for hospitals, chiropractors, nursing homes,
optometrists, or dentists.
Senate Floor Amendments to engrossed bill
1. Replaces the words "community-based physical health" with "primary" when
referring to a care provider.