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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. 84
BY SENATOR MARTINY
ETHICS. Provides with respect to physicians as public servants. (8/1/12)
AN ACT1
To enact R.S. 42:1123(18)(e), relative to the Code of Governmental Ethics; to provide for2
an exception to certain prohibitions of physicians as public servants; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 42:1123(18)(e) is hereby enacted to read as follows: 6
ยง1123. Exceptions7
This Part shall not preclude:8
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(18)(a) * * *10
(e) A licensed physician who is a former member of a board of11
commissioners or other governing authority or board of directors for any12
hospital service district authorized by Chapter 10 of Title 46 of the Louisiana13
Revised Statutes of 1950, or by local, special or general law, from contracting14
with, or being employed by, the hospital over which the board exercises15
jurisdiction, or a subsidiary of such hospital, to perform professional health16
care services directly related to their expertise as a licensed physician, for17 SB NO. 84
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
purchase or lease of property related to the licensed physician's practice, or to1
sell his practice to the hospital or a subsidiary of the hospital following the2
termination of his or her public service on such board or commission without3
having to wait the two year period required by R.S. 42:1121(A)(2), or any other4
waiting period prescribed by law.5
* * *6
The original instrument was prepared by Lauren Bailey. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by McHenry Lee.
DIGEST
Martiny (SB 84)
Present law provides for various prohibitions of physicians as public servants including the
following:
No former member of a board or commission shall, for a period of two years
following the termination of his public service serve on such board or
commission, contract with, be employed in any capacity by, or be appointed
to any position by that board or commission.
Present law provides various exceptions to such prohibitions.
Proposed law retains present law and adds to such exceptions a waiver of the two year
waiting period following the termination of his public service for a licensed physician who
is a former member of a board of commissioners or other governing authority or board of
directors for certain hospital districts to contract with or be employed by the hospital over
which the board that he served on exercised jurisdiction, to perform professional health care
services directly related to their expertise as a licensed physician, for purchase or lease of
property related to the licensed physician's practice, or to sell his practice to the hospital or
a subsidiary of the hospital.
Effective August 1, 2012.
(Adds R.S. 42:1123(18)(e))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill.
1. Narrows the exception to allow a waiver of the two year waiting period
following the termination of his public service for a licensed physician who
is a former member of a board of commissioners or other governing authority
or board of directors for certain hospital districts to contract with or be
employed by the hospital over which the board that he served on exercised
jurisdiction, to perform professional health care services or to sell his
practice to the hospital or a subsidiary of the hospital. SB NO. 84
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Senate Floor Amendments to engrossed bill.
1. Provides that the hospital service district may also be authorized by local,
special or general law to meet the exception provided for in proposed law.
2. Provides the additional requirement relative to the performance of
professional health care services that such services be directly related to the
physician's expertise as a licensed physician.
3. Provides an exception for the purchase or lease of property related to the
physician's practice.