SLS 12RS-404 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. 86
BY SENATOR BUFFINGTON
SANITARY CODE. Clarifies duties of healthcare providers as it relates to communicable
diseases. (gov sig)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 40:4(A)(2), relative to the Sanitary2
Code; to provide with respect to the duties of a healthcare provider with regard to3
any general duty to warn concerning communicable diseases; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The introductory paragraph of R.S. 40:4(A)(2) is hereby amended and7
reenacted to read as follows: 8
ยง4. Sanitary Code9
A. The state health officer acting through the office of public health of the10
Department of Health and Hospitals shall prepare, promulgate, and enforce rules and11
regulations embodied within the state's Sanitary Code covering all matters within his12
jurisdiction as defined and set forth in R.S. 40:5. The promulgation of this Sanitary13
Code shall be accomplished in strict accordance with the provisions of the14
Administrative Procedure Act, and further, in conformity with the following15
guidelines and directives:16
* * *17 SB NO. 86
SLS 12RS-404 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) In order to prevent the occurrence or spread of communicable diseases,1
the rules and regulations of the Sanitary Code shall provide for an immunization2
program and provide for and require the reporting, investigation, and application and3
implementation of appropriate control measures to expressly include isolation and/or4
quarantine proceedings and measures, for all communicable diseases of public health5
significance. However, no rule or regulation of the Sanitary Code shall impose6
or create any general duty to warn third parties upon any healthcare provider7
who has complied with the applicable reporting requirements for communicable8
diseases as set forth in the Sanitary Code. These rules and regulations shall also9
be designed to:10
* * *11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
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 Michelle Broussard-Johnson.
DIGEST
Buffington (SB 86)
Proposed law provides that no rule or regulation shall impose or create any general duty to
warn third parties upon any healthcare provider who has complied with the applicable
reporting requirements for communicable diseases as set forth in the Sanitary Code.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:4(A)(2)(intro para))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to reengrossed bill.
1. Technical amendment inserting "of the Sanitary Code."
2. Clarifies that healthcare providers do not have the duty to warn third parties.