Louisiana Senate Bill SB198 Introduced / Bill

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Regular Session, 2013
SENATE BILL NO. 198
BY SENATOR WHITE AND REPRESENTATIVE ST. GERMAIN 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Consolidates the functions of the  Louisiana Emergency Response
Network and the Bureau of Emergency Medical Services into the the Louisiana Emergency
Medical Services and Response Network. (gov sig) (2/3 - CA7s2.1(A))
AN ACT1
To amend and reenact R.S. 9:2798.5, R.S. 36:258(B), 259(J) and (GG), and 919.4, R.S.2
40:2173, and R.S. 44:4.1(B)(26) and to enact R.S.40:1236.8 and Chapter 36 of Title3
40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.40:30014
through 3044 and R.S. 44:4(48), and to repeal Subparts A and B of Part VII of5
Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.6
40:1231 through 1234.1, Subpart D of Part VII of Chapter 5 of Title 40 of the7
Louisiana Revised Statutes of 1950, comprised of R.S. 40:1236.11 through 1236.14,8
and Chapter 34 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of9
R.S. 40:2841 through 2846, relative to the Louisiana Emergency Medical Services10
and Response Network; to provide for the creation of the Louisiana Emergency11
Medical Services and Response Network; to transfer Louisiana Emergency Medical12
Services Certification Commission; to provide for the Louisiana Emergency Medical13
Services and Response Network Board; to provide for board membership,14
appointment, terms, and compensation; to provide for the functions, powers, and15
duties of the board; to reauthorize the Louisiana Emergency Response Network16
Fund; to move Louisiana Emergency Response Network within the Louisiana17 SB NO. 198
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Emergency Medical Services and Response Network; to provide for emergency1
personnel training and licensure; to provide the board the authority to charge fees2
from a fee schedule; to provide for the Louisiana Emergency Medical Services3
Certification Commission; to move the commission within the Louisiana Emergency4
Medical Services and Response Network; to provide for the commission's5
membership, qualifications for membership, terms, vacancies; to provide for the6
compensation of members; to provide for domicile of the commission; to provide for7
the powers and duties of the commission; to provide for license requirements and8
renewal; to provide for disciplinary proceedings by the commission and appeals; to9
provide penalties, prosecution, and injunctive relief; to provide for exceptions; to10
provide for civil immunity and immunity from civil damages; to provide for the11
duties of emergency medical personnel; to provide for hazardous substance12
transportation and payment for emergency medical services; to provide for13
automated external defibrillators; to provide exceptions to the public records law; to14
provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1.  R.S. 9:2798.5 is hereby amended and reenacted to read as follows:17
§2798.5. Limitation of liability; Louisiana Emergency Response Network18
A. Legislative intent. The provisions of this Section are intended to provide19
for a limitation of liability for any authorized and duly licensed or certified person20
or juridical person who specifically acts in accordance with protocols adopted and21
promulgated by the Louisiana Emergency Medical Services and Response Network22
Board for the transport of trauma and time-sensitive ill patients. The protocols are23
developed to facilitate the timely and appropriate delivery of patients to the most24
appropriate care site for the definitive treatment of injuries.25
B. Liability shall not be imposed on any authorized and duly licensed or26
certified person or juridical person who acts in good faith and within the scope of27
applicable protocols adopted and promulgated by the Louisiana Emergency Medical28
Services and Response Network Board (R.S. 40:2842 2835(1)) for the Louisiana29 SB NO. 198
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Emergency Response Network (R.S. 40:2842 2835(3)), in accordance with the1
statutory mandates provided in R.S. 40:2842 2835 et seq., for damages from acts or2
omissions resulting in injury, death, or loss, unless such damage or injury was caused3
by willful or wanton misconduct or gross negligence.4
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Section 2.  R.S. 36:258(B), 259(J) and (GG), and 919.4 are hereby amended and6
reenacted to read as follows:7
§258. Offices; purposes and functions8
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B. The office of public health shall perform the functions of the state which10
relate to the general health of the people of the state, including but not limited to11
responsibility for the preparation and supervision of the Sanitary Code, local health12
units, sewage treatment and disposal within the state, physical fitness, supplemental13
food programs for women, infants, and children, emergency medical services not14
provided for pursuant to Chapter 36 of Title 40, and related functions affecting15
the public health. It shall also perform those functions of the state provided by law16
relating to environmental quality and pollution control which are related to the public17
health and which are specifically assigned to the department, including but not18
limited to functions relating to the treatment and disposal of sewage within the state,19
with the exception of those functions assigned to the Department of Environmental20
Quality including, but not limited to, the licensing of sewage sludge transporters or21
haulers.22
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§259. Transfer of agencies and functions to Department of Health and Hospitals24
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J.(1) The Louisiana Emergency Medical Services and Response Network26
Board (R.S. 40:2841 2835 et seq.) is placed within the Department of Health and27
Hospitals and shall exercise and perform its powers, duties, functions, and28
responsibilities in the manner provided for agencies transferred in accordance with29 SB NO. 198
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R.S. 36:801.1.1
(2) The Louisiana Emergency Medical Services and Response Network2
Board shall be a separate budget unit within the Department of Health and Hospitals.3
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GG. The Louisiana Emergency Medical Services Certification Commission5
( R.S. 40:1231 et seq.) is placed within the Department of Health and Hospitals6
Louisiana Emergency Medical Services and Response Network Board and shall7
perform and exercise its powers, duties, functions, and responsibilities in the manner8
provided for agencies transferred in accordance with R.S. 36:919.4.9
*          *          *10
§919.4. Transfer; Louisiana Emergency Medical Services Certification Commission11
The Louisiana Emergency Medical Services Certification Commission,12
placed in the Department of Health and Hospitals Louisiana Emergency Medical13
Services and Response Network Board by the provisions of R.S. 36:259(GG), shall14
exercise and perform its powers, duties, functions, and responsibilities as provided15
for agencies transferred pursuant to this Part. However, the commission shall advise16
the bureau of emergency medical services Louisiana Emergency Medical Services17
and Response Network Board on requirements and standards for licensure of18
emergency medical personnel and continuing education requirements for licensure.19
The commission shall retain the authority to approve requirements and standard of20
practice for emergency medical personnel; conduct disciplinary hearings for21
emergency medical personnel; and cause the prosecution of any individual who22
violates the provisions of Subpart B of Part VII III of Chapter 5 36 of Title 40 of the23
Louisiana Revised Statutes of 1950.24
Section 3. R.S. 40:2173 is hereby amended and reenacted and R.S.40:1236.8 and25
Chapter 36 of Title 40, comprised of R.S.40:3001 through 3044, are hereby enacted to read26
as follows:27
§1236.8. Definitions28
As used in this Subpart, the following terms shall have the following29 SB NO. 198
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meanings:1
(1) "Department" means the Department of Health and Hospitals.2
(2) "Air ambulance" means any aircraft, either fixed-wing or3
rotary-winged, designed and operated as a part of a regular course of conduct4
or business to transport a sick or injured individual or which is advertised or5
otherwise held out to the public as such.6
(3) "Air ambulance service" means any person, firm, association, or7
government entity owning, controlling, or operating any business or service8
which furnishes, operates, conducts, maintains, advertises, engages in, proposes9
to engage in, or professes to engage in the business or service of transporting,10
in air ambulances, individuals who may need medical attention during11
transport.12
(4) "Ambulance" means any authorized emergency vehicle, equipped13
with warning devices, designed and operated as a part of a regular course of14
conduct or business to transport a sick or injured individual or which is15
advertised or otherwise held out to the public as such. "Ambulance" shall not16
mean a hearse or other funeral home vehicle utilized for the transportation of17
the dead.18
(5) "Ambulance service" or "ambulance provider" means any person,19
firm, association, or government entity owning, controlling, or operating any20
business or service which furnishes, operates, conducts, maintains, advertises,21
engages in, proposes to engage in, or professes to engage in the business or22
service of transporting, in ambulances, individuals who may need medical23
attention during transport. However, "ambulance service" and "ambulance24
provider" shall not include any of the following:25
(a) An agency of the federal government.26
(b) A volunteer nonprofit organization or municipal nonprofit27
organization operating an invalid coach or coaches.28
(c) An entity rendering assistance to a licensed ambulance or ambulances29 SB NO. 198
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in the case of a major disaster.1
(d) A licensed hospital providing nonemergency, noncritical interhospital2
transfer and patient transportation for diagnostic and therapeutic purposes3
when such transportation originates at a licensed hospital.4
(e) An entity operating an ambulance or ambulances from a location5
outside of the state to transport patients from a location outside of the state to6
a location inside the state or to transport a patient or patients from a medical7
facility inside of the state to a location outside of the state.8
(f) An entity providing transportation to employees who become sick or9
injured during the course of their employment from a job site to the nearest10
appropriate medical facility.11
(6) "Emergency medical response vehicle" means a marked emergency12
vehicle with fully visual and audible warning signals operated by a certified13
ambulance service, the primary purpose of which is to respond to the scene of14
a medical emergency to provide emergency medical stabilization or support, or15
command, control, and communications, but which is not an ambulance16
designed or intended for the purpose of transporting a victim from the scene to17
a medical facility regardless of its designation. Included are such vehicles18
referred to but not limited to the designation as "sprint car", "quick response19
vehicle", "special response vehicle", "triage trucks", "staff cars", "supervisor20
units", and other similar designations. Emergency medical response vehicles21
shall not include fire apparatus and law enforcement patrol vehicles which22
carry first aid or emergency medical supplies and which respond to medical23
emergencies as part of their routine duties.24
(7) "EMS medical director" means a physician licensed by the Louisiana25
State Board of Medical Examiners who has responsibility and authority to26
ensure quality of care and provide guidance for all medical aspects of EMS.27
(8) "EMS task force" means the Emergency Medical Services Task28
Force, composed of individuals subject to the approval of the secretary of the29 SB NO. 198
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department, which advises and makes recommendations to the bureau of1
emergency medical services and the department on matters related to2
emergency medical services.3
(9) "Industrial ambulance" means any vehicle owned and operated by4
an industrial facility and used for transporting any employee who becomes sick,5
injured, or otherwise incapacitated in the course and scope of his employment6
from a job site to an appropriate medical facility.7
(10) "Municipal nonprofit organization" means an organization owned8
by a parish, municipality, or entity of a parish or municipality which in its9
regular course of business responds to a call for help and renders medical10
treatment and whose attendants are emergency medical personnel, a registered11
nurse, or a physician.12
(11) "Physician" means a physician licensed to practice medicine by the13
Louisiana State Board of Medical Examiners.14
(12) "Volunteer nonprofit organization" means an organization which15
in its regular course of business responds to a call for help and renders medical16
treatment and whose attendants are emergency medical personnel, a registered17
nurse, or a physician and which is chartered as a nonprofit organization under18
Section 501c of the United States Internal Revenue Code, as a volunteer fire19
department by the state fire marshal's office, or as a nonprofit organization by20
the secretary of state.21
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§2173. Rules, regulations, and standards for licenses23
A. The department shall promulgate rules and regulations to carry out the24
provisions of this Part in accordance with the provisions of the Administrative25
Procedure Act. The department shall consult with the Louisiana Emergency Medical26
Services and Response Network (LERN) (LEMSRN), the Louisiana Hospital27
Association, and the Louisiana State Medical Society in the development of rules28
and regulations.29 SB NO. 198
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B. The department shall promulgate minimum standards for trauma centers1
as defined in this Part which shall:2
(1) Specify the number and types of trauma patients for whom such centers3
must provide care in order to ensure that such centers will have sufficient experience4
and expertise to be able to provide quality care for victims of injury.5
(2) Specify the resources and equipment needed by such centers.6
(3) Include standards and guidelines for triage and transportation of trauma7
patients prior to care in designated trauma centers.8
(4) Specify procedures for the certification and evaluation of designated9
trauma centers.10
(5) Include procedures for the receipt, recording of, and disposition of11
complaints.12
(6) Provide for the right of appeal for those health care facilities for which13
certification has been refused.14
(7) Provide for the verification and certification of trauma center status which15
assign level designations based on resources available within the applicable facility.16
Rules shall be based upon national guidelines, including but not limited to those17
established by the American College of Surgeons in Hospital and Pre-Hospital18
Resources for Optimal Care of the Injured Patient and any published appendices19
thereto.20
(8) Provide that LERN LEMSRN may fund the provision of data to the state21
trauma registry in accordance with the registry's adopted rules, requirements, and22
reporting cycle.23
(9) Provide that certified trauma centers participate in LERN LEMSRN24
regional commissions and LERN LEMSRN regional and state-level trauma system25
performance improvement and injury prevention activities per American College of26
Surgeons guidelines once adequate funding has been secured by the certified trauma27
center.28
C. The regulations promulgated under this Section shall be consistent with29 SB NO. 198
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the guidelines for designation of trauma centers specified by the American College1
of Surgeons.2
D. The regulations promulgated under this Section shall require health care3
facilities applying for certification as a trauma center to obtain a consultation site4
visit through the Committee on Trauma of the American College of Surgeons.5
E.D. The department shall designate a health care facility as a trauma center6
when the requirements of this Section have been fulfilled and upon verification from7
the American College of Surgeons that the facility has met its criteria for Level I, II,8
or III. The "trauma center" label shall be reserved exclusively for hospitals with9
state-issued trauma center certification.10
F.E. The department shall issue standard forms for applications and for11
inspection reports, after consultation with LERN LEMSRN and other appropriate12
organizations.13
*          *          *14
CHAPTER 36.  LOUISIANA EMERGENCY MEDICAL SERVICES15
AND RESPONSE NETWORK16
PART I. GENERAL17
§3001. Definitions18
As used in this Chapter, the following terms shall have the following19
meanings:20
(1) "Board" or "LEMSRN" means the Louisiana Emergency Medical21
Services and Response Network Board.22
(2) "Department" means the Department of Health and Hospitals.23
(3) "Louisiana Emergency Response Network" (LERN) means the24
statewide system of regional trauma-patient care and care of time-sensitive25
illnesses such as ST segment elevation myocardial infarction (STEMI) and26
stroke that is an organized, seamless, coordinated effort among each component27
of care including prehospital, acute care, post-acute care, rehabilitation, and28
injury prevention in a defined geographic area which provides access to local29 SB NO. 198
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health systems for time-sensitive patient care treatment and is integrated with1
local public health systems and the Governor's Office of Homeland Security and2
Emergency Preparedness.3
(4) "Network" means the Louisiana Emergency Response Network.4
(5) "Auto-injector" means a spring-loaded needle and syringe with a5
single dose of epinephrine that will automatically release and inject the6
medicine.7
(6)"Commission" means the Louisiana Emergency Medical Services8
Certification Commission.9
(7) "Emergency medical services" or "EMS" means a system that10
represents the combined efforts of several professionals and agencies to provide11
prehospital emergency care to the sick and injured.12
(8) "EMS medical director" means a physician licensed by the Louisiana13
State Board of Medical Examiners who has responsibility and authority to14
ensure quality of care and provide guidance for all medical aspects of EMS.15
(9) "EMS practitioner" means an individual who is a licensed emergency16
medical responder, licensed emergency medical technician, licensed advanced17
emergency medical technician, or a licensed paramedic.18
(10) "Licensed emergency medical responder" means any individual who19
has successfully completed an emergency medical responder education program20
based on National EMS Education Standards approved by the board and who21
is licensed by the board.22
(11) "Licensed emergency medical services practitioner" means an23
individual who is a licensed emergency medical responder or who is nationally24
registered, who has successfully completed an emergency medical services25
practitioner education program based on national EMS education standards,26
and who is licensed as any one of the following:27
(a) A licensed emergency medical technician.28
(b) A licensed advanced emergency medical technician.29 SB NO. 198
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(c) A licensed paramedic.1
(12) "Moral turpitude" means an act of baseness, vileness, or depravity2
in the duties which one person owes another, or to society in general, which is3
contrary to the usual, accepted, and customary rule of right and duty which a4
person should follow.5
(13) "Municipal nonprofit organization" means an organization owned6
by a parish, municipality, or entity of a parish or municipality which in its7
regular course of business responds to a call for help and renders medical8
treatment and whose attendants are emergency medical personnel, a registered9
nurse, or a physician.10
(14) "National EMS education standards" means the document that11
outlines current nationally recognized EMS education standards, has been12
adopted by the board, and defines terminal objectives for each nationally13
defined EMS licensing level.14
(15) "Physician" means a physician licensed to practice medicine by the15
Louisiana State Board of Medical Examiners.16
(16) "Volunteer nonprofit organization" means an organization which17
in its regular course of business responds to a call for help and renders medical18
treatment and whose attendants are emergency medical personnel, a registered19
nurse, or a physician and which is chartered as a nonprofit organization under20
Section 501c of the United States Internal Revenue Code, as a volunteer fire21
department by the office of state fire marshal, or as a nonprofit organization by22
the secretary of state.23
(17) "Trauma registry" means a data collection system that includes a24
file of uniform data elements that describe the injury event, demographics,25
prehospital information, care, outcomes, and costs of treatment for injured26
patients. A trauma registry is an important management tool that is used for27
performance management and improvement, research, and injury prevention.28
(18) "EMS registry" means a file of uniform data describing individuals29 SB NO. 198
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meeting specified case criteria in which medical and demographic data will be1
collected in an ongoing, systematic, and comprehensive way in order to monitor2
and evaluate the effectiveness of an EMS system.3
§3002. Governing board; membership, appointment, terms, compensation,4
vacancies5
A. There is hereby established within the department the Louisiana6
Emergency Medical Services and Response Network Board, which shall be7
comprised of and governed by thirty-one members as follows:8
(1) One cardiologist from nominees submitted by the Louisiana Chapter9
of the American College of Cardiology.10
(2) One member from nominees submitted by the Rural Hospital11
Coalition to represent hospitals with fewer than sixty beds.12
(3) One member from nominees submitted by the Metropolitan Hospital13
Council of New Orleans to represent hospitals with one hundred beds or more.14
(4) One member from nominees submitted by the Louisiana Hospital15
Association to represent a service district hospital.16
(5) Two members from nominees submitted by the Department of Health17
and Hospitals which shall include a member from the office of behavioral18
health.19
(6) One member from nominees submitted by the Governor's Office of20
Homeland Security and Emergency Preparedness.21
(7) Two members from nominees submitted by the Louisiana State22
Medical Society which shall include a member specializing in pediatric surgery.23
(8) One member from nominees submitted by the Louisiana Chapter of24
the Committee on Trauma of the American College of Surgeons.25
(9) One member from nominees submitted by the Louisiana Chapter of26
the American College of Emergency Physicians.27
(10) One member from nominees submitted by the Louisiana State28
University Health Sciences Center at Shreveport.29 SB NO. 198
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(11) One member from nominees submitted by the Louisiana State1
University Health Sciences Center at New Orleans.2
(12) One member from nominees submitted by Tulane University Health3
Sciences Center.4
(13) One member from nominees submitted by the Louisiana State5
Coroners Association.6
(14) Two members from the Louisiana House of Representatives.7
(15) Two members from the Louisiana Senate.8
(16) One 211 member of the Louisiana Alliance of Information and9
Referral Systems.10
(17) One member of the Louisiana Rural Ambulance Alliance.11
(18) One 911 member of the National Emergency Number Association.12
(19) One member of the Louisiana Hospital Association, rehabilitation13
constituency group.14
(20) One member from nominees submitted by the Louisiana Chapter15
of the American Stroke Association.16
(21) One registered nurse practicing in emergency or critical care from17
nominees submitted by the Louisiana State Board of Nursing.18
(22) One optometrist from nominees submitted by the Optometry19
Association of Louisiana.20
(23) One member from nominees submitted by the Louisiana Fire Chiefs21
Association.22
(24) One member from nominees submitted by the Louisiana Association23
Of Nationally Registered Emergency Medical Technicians.24
(25) One member representing a public EMS service from nominees25
submitted by the Louisiana Municipal Association.26
(26) One member representing a private ambulance service from27
nominees submitted by the Louisiana Ambulance Alliance.28
(27) The sitting chairman of the Louisiana EMS Commission, or his29 SB NO. 198
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designee.1
B.(1) The members listed in Paragraphs (1) through (13) and (16)2
through (28) of Subsection A of this Section shall be appointed by the governor3
from a list of qualified candidates nominated by the respective organizations.4
(2) The organizations listed in Paragraphs (1) through (13) and (16)5
through (28) of Subsection A of this Section shall each submit a list of at least6
four nominees for the respective board position to the governor.7
(3) The members listed in Paragraphs (14) and (15) of Subsection A of8
this Section shall be appointed by the speaker of the House of Representatives9
and the president of the Senate, respectively.10
C. Except as otherwise provided in this Section, all members of the board11
shall serve terms of three years.12
D. Members of the former LERN Board, created by Act 248 of the 200413
Regular Session, shall serve as initial members of the LEMSRN, filling the14
positions listed in Paragraphs(A)(1) through (22) of this Section for such15
unexpired terms as remained of their corresponding positions on that board.16
Members filling the positions listed in Paragraphs(A)(23) and (28) of this17
Section shall have initial terms, determined by lot at the first meeting of the18
board after the effective date of this Section, as follows:19
(1) One shall serve until July 1, 2014.20
(2) Two shall serve until July 1, 2015.21
(3) Two shall serve until July 1, 2016.22
E. The chairman shall be elected by the board for a term to be23
determined by the board, and no member shall serve more than two consecutive24
terms as chairman.25
F. Each appointment by the governor shall be subject to confirmation by26
the Senate.27
G. Each board member shall serve without compensation.  Legislators28
shall receive the same per diem and travel reimbursement for attending29 SB NO. 198
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meetings of the board as is normally provided for members of the legislature.1
Non-legislative board members may receive reimbursement for expenses in2
accordance with the guidelines of the entity they represent.3
H. The board shall adopt rules and regulations to provide for the4
governance of the board. Such rules and regulations shall include but not be5
limited to:6
(1) Procedures for the election of board officers, including terms of office7
and methods and grounds for removal.8
(2) Procedures and grounds for the removal of any board member.9
Grounds for removal shall include conviction of a felony or may include failure10
to meet board attendance rules as provided by rule.11
I. Procedures for filling a vacancy created by the removal, resignation,12
or death of any board member prior to the end of the board member's term13
shall follow those used for initial appointments.14
J. The number of board members necessary to constitute a quorum for15
the transaction of business shall never be less than one third of the entire16
membership of the board. A majority vote of the board members constituting17
a quorum shall be necessary for any action taken by the board.18
§3003.  Board; functions, powers, and duties19
A. In order to establish and maintain the Louisiana Emergency Response20
Network, the board shall:21
(1)(a) Establish and appoint nine regional commissions that correspond22
with the nine administrative regions of the department. These regional23
commissions shall implement and manage each regional component of the24
network. The board shall promulgate rules and regulations to provide for the25
duties and responsibilities of the nine regional commissions.26
(b) The membership of each commission shall consist of the following27
members including but not limited to:28
(i) A representative from the Governor's Office of Homeland Security29 SB NO. 198
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and Emergency Preparedness.1
(ii) The Department of Health and Hospitals, office of public health's2
regional medical director.3
(iii) A representative of local ambulance services.4
(iv) A representative of emergency medical response.5
(v) A hospital chief executive officer or administrative representative6
from a hospital with less than sixty beds.7
(vi) A hospital chief executive officer or administrative representative8
from a hospital with more than one hundred beds.9
(vii) A hospital chief executive officer or an administrative representative10
from a service district hospital.11
(viii) A representative of the local component society of the Louisiana12
State Medical Society.13
(ix) A representative of the local chapter of the Louisiana Medical14
Association.15
(x) A specialist from the American College of Emergency Physicians.16
(xi) A specialist from the American College of Surgeons.17
(xii) A representative from the Louisiana Chapter of the National18
Emergency Number Association.19
(xiii) A representative from the Louisiana Ambulance Alliance.20
(2)(a) Enter into interagency agreements with the department, the21
Governor's Office of Homeland Security and Emergency Preparedness, and22
such other entities, public or private, as may be necessary to assure continuity23
of care during emergencies.24
(b) Agreements between the board and these entities shall provide for the25
protocols of mandatory data collection and shall include provisions regarding26
the specific data to be shared among the entities, the individual or individuals27
allowed by each party to have access to the other party's data, and the security28
arrangements between the parties to ensure the protection of the data from29 SB NO. 198
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unauthorized access that would threaten the privacy of individuals and the1
confidentiality of the data.2
(c) The parties shall not agree to share data pursuant to a specific3
agreement if any law would otherwise prohibit the sharing of such data by the4
parties.5
(d) The parties shall protect all individually identifiable health6
information to the extent of their ability within the context of the mission of the7
Louisiana Emergency Response Network.8
(3) Hold regular quarterly meetings and special meetings as necessary9
for the conduct of its business.  Special meetings may be called upon10
forty-eight-hour notice by the chairperson, or in the chairperson's absence upon11
the written authorization of a majority of the members of the board.12
(4) Establish and maintain a statewide trauma registry to collect and13
analyze data on the incidence, severity, and causes of trauma, including14
traumatic brain injury. The registry shall be used to improve the availability15
and delivery of prehospital or out-of-hospital care and hospital trauma care16
services.17
(a) The board shall promulgate rules and regulations according to the18
Administrative Procedure Act to do the following:19
(i) Define specific data elements required to be furnished to the registry20
by every health care facility certified by the department as a trauma center.21
(ii) Define trauma data elements that all other health care facilities shall22
be required to furnish to the registry.23
(iii) Establish a process for submission, analysis, and reporting of24
registry data.25
(b) Required reporting to the state trauma registry is contingent on26
LERN providing adequate financial support through the Louisiana Emergency27
Response Network Fund to cover administrative costs.28
(5) Work with the department to develop stroke and ST segment29 SB NO. 198
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elevation myocardial infarction (STEMI) systems that are designed to promote1
rapid identification of, and access to, appropriate stroke and STEMI resources2
statewide.3
B. In order to establish and maintain a program for the improvement4
and regulation of emergency medical services in the state, the board shall:5
(1) Develop a state plan for the prompt and efficient delivery of adequate6
emergency medical services to acutely sick and injured individuals.7
(2) Serve as the primary agency for participation in any federal program8
involving emergency medical services and may receive and, pursuant to9
legislative appropriation, disburse available federal funds to implement any10
service program.11
(3) Identify all public and private agencies, institutions, and individuals12
that are or may be engaged in emergency medical services training and set13
minimum standards for course approval, instruction, and examination.14
(4) Promulgate rules and regulations in accordance with the15
Administrative Procedure Act for the following:16
(a) To define and authorize appropriate education programs based on17
national EMS education standards for emergency medical services18
practitioners. All such education programs shall meet or exceed national EMS19
education standards.20
(b) To specify minimum operational requirements that will ensure21
medical direction, supervision, and control over emergency medical services.22
(c) To specify minimum examination and continuing education23
requirements for all emergency medical services practitioners.24
(d) To provide for the issuance of licenses, renewals of licenses, and25
requirements for emergency medical services practitioners.26
(e) To establish fees for licensure and license renewal.27
(5) Issue a license and renew a license to any duly qualified applicant for28
licensure and license renewal as an emergency medical services practitioner.29 SB NO. 198
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(6) Prescribe application forms for licensure and licensure renewal.1
(7) Adopt requirements and standards of practice approved by the2
commission for emergency medical services practitioners.3
(8) Conduct investigations as requested by the commission.4
(9) Deny, withhold, revoke, restrict, probate, or suspend a license as5
directed by the commission under the provisions of R.S. 40:3026.6
(10) Prepare, publish, and update at least annually a roster of all EMS7
practitioners in the state, which shall include a mailing address for each EMS8
practitioner but shall not include the home address or home telephone number9
of any EMS practitioner who does not authorize such inclusion in writing. The10
home address and telephone number of every EMS practitioner who does not11
authorize such inclusion shall be exempted from the Public Records Law.12
(11) Adopt continuing education requirements and standards for13
individuals seeking to renew a certificate.14
(12) Prepare an annual report detailing the activities of the commission15
during the past fiscal year including the number and nature of the hearings16
conducted under the provisions of R.S. 40:3027.17
(13) Adopt rules and regulations to implement the provisions of this18
Chapter in accordance with the Administrative Procedure Act.19
(14) Adopt and amend the title and the definition of licensed emergency20
medical services practitioners.21
C. In addition to its functions as provided in Subsections A and B of this22
Section, the board shall have the following powers and duties:23
(1) To enter into any contract related to its responsibilities in compliance24
with this Chapter and other state laws.25
(2) To employ an executive director and necessary staff to oversee the26
operations of the network and to be responsible to the board for the27
administration and coordination of all aspects of the network.28
(3) To standardize and review performance indicators that evaluate the29 SB NO. 198
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quality of services delivered by the network and to ensure that improvement in1
the quality of services delivered is accomplished and documented.2
(4) Shall apply for all available appropriate public funds and all3
available appropriate public and private federal grants, donations, or gifts of4
money or services from any available source.5
(5) Shall promulgate in accordance with the Administrative Procedure6
Act such rules and regulations as may be necessary to implement the provisions7
of this Chapter. Any rules or regulations promulgated by the former LERN8
Board, created by Act 248 of the 2004 Regular Session of the Louisiana9
Legislature, shall remain in effect until revised or repealed by the LEMSRN.10
Any rules or regulations promulgated by the former bureau of EMS shall11
remain in effect until revised or repealed by the LEMSRN. Any rules or12
regulations promulgated by the department relative to the subject matter of this13
Chapter shall remain in effect until revised or repealed by the LEMSRN.14
D.(1) The board shall submit an annual written report to the Senate and15
House Committees on Health and Welfare at least thirty days prior to each16
regular session. The report shall include a summary of the data relevant to the17
goals set forth in Subsection A of this Section and all other information relevant18
to trauma-patient care and its delivery in Louisiana through the network.19
(2) The board shall submit any additional reports or information to the20
secretary of the department upon request of the secretary or the Senate and21
House committees on health and welfare upon request of the chairman of either22
committee.23
E.(1) The board may accept grants, donations, or gifts of money or24
services from public or private organizations or from any other sources to be25
utilized for the purposes of the board.26
(2) The Louisiana Emergency Response Network Fund, a special fund27
in the state treasury originally created by Act 248 of the 2004 Regular Session28
of the Louisiana Legislature, shall be reauthorized and maintained. The source29 SB NO. 198
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of monies deposited into the fund may be any monies appropriated annually by1
the legislature, including federal funds, any public or private donations, gifts,2
or grants from individuals, corporations, nonprofit organizations, or other3
business entities which may be made to the fund, and any other monies which4
may be provided by law.5
(3) Monies in the fund shall be invested in the same manner as monies6
in the state general fund, and interest earned on investment of monies in the7
fund shall be credited to the state general fund.  Unexpended and8
unencumbered monies in the fund at the end of the fiscal year shall remain in9
the fund.10
F. Subject to any appropriation by the legislature, monies in the fund11
shall be used as directed by the board solely to fund grants, projects, and12
services which will address the goals and objectives of the board concerning the13
network, as authorized in this Chapter.14
G. In addition to annual reports to the legislature, the board may publish15
documents and materials intended to further the mission or purpose of the16
board.17
H. The domicile of the board shall be Baton Rouge, Louisiana.18
PART II.  LOUISIANA EMERGENCY RESPONSE NETWORK (LERN)19
§3011.  Legislative purpose20
The legislature declares that in order to safeguard the public health,21
safety, and welfare of the people of this state against unnecessary trauma and22
time-sensitive related deaths and incidents of morbidity due to trauma, a23
comprehensive, coordinated statewide system for access to regional24
trauma-patient care throughout the state be established.  This system shall be25
compatible and interfaced with the Governor's Office of Homeland Security26
and Emergency Preparedness.27
§3012. Louisiana Emergency Response Network; creation28
A. The Louisiana Emergency Response Network is hereby created as a29 SB NO. 198
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network which, through the board, shall direct the efforts to decrease1
trauma-related deaths and incidents of morbidity and mortality due to trauma2
in Louisiana. By maximizing the integrated delivery of optimal resources for3
patients who ultimately need acute trauma care, the network shall address the4
daily demands of trauma care and form the basis for disaster preparedness.5
The resources required for each component of the system shall be clearly6
identified, deployed, and studied to ensure that all injured patients gain access7
to the appropriate level of care in a timely, coordinated, and cost-effective8
manner.9
B. The network shall include a centralized communication center for10
resource coordination of medical capabilities for participating trauma centers11
as defined by R.S. 40:2171 and emergency medical services.12
C. The network shall include a plan designed to achieve:13
(1) A reduction of deaths and incidents of morbidity caused by trauma14
and time-sensitive illnesses.15
(2) A reduction in the number and severity of disabilities caused by16
trauma.17
(3) Measures to demonstrate a return on investment for the LERN18
system.19
(4) Implementation of regional injury prevention programs.20
§3013.  Public records exception21
Patient and peer review data or information submitted or transmitted22
pursuant to this Chapter to the trauma registry, the EMS registry, the board,23
any committee acting on behalf of the board, any hospital or prehospital care24
provider, any physician or other direct care provider, any regional commission,25
any emergency medical services council, emergency medical services agency, or26
other group or committee whose purpose is to monitor and improve quality care27
pursuant to this Chapter, shall be confidential and exempt from the provisions28
of law relative to public records as provided in R.S. 44:4.1(B)(26).29 SB NO. 198
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PART III.  EMERGENCY MEDICAL PERSONNEL1
§3021.  Emergency medical personnel training; licensure2
A. An individual petitioning for licensure or license renewal as an3
emergency medical services practitioner shall submit an application to the4
board on forms provided by the board. The application shall be accompanied5
by the appropriate fee.6
B. The board shall affirmatively provide that there is no discrimination7
toward any individual in the licensure process on the basis of race, religion,8
creed, national origin, sex, or age.9
§3022.  Fee schedule; fees for license prohibited10
A.(1) The board shall not require or collect any fee or charges for11
licensure or license renewal of emergency medical services practitioners who12
serve as such on a voluntary basis and who receive no compensation of any kind13
for such services.14
(2) The board shall not set the fee for licensure of an emergency medical15
technician to exceed fifteen dollars for any individual who is an employee or16
volunteer of the state of Louisiana or another public entity, a municipal fire17
department, a fire protection district, a volunteer fire department, or a18
municipal law enforcement agency who does not perform emergency medical19
services outside of the individual's official governmental responsibilities for any20
form of compensation.21
(3) The board shall not set the fee for license renewal of an emergency22
medical technician to exceed ten dollars for any individual who is an employee23
or volunteer of the state of Louisiana or another public entity, a municipal fire24
department, a fire protection district, a volunteer fire department, or a25
municipal law enforcement agency who does not perform emergency medical26
services outside of the individual's official governmental responsibilities for any27
form of compensation.28
B. Except as provided in Subsection A of this Section, the board shall29 SB NO. 198
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have the authority to assess fees for testing and licenses IN AMOUNTS NOT1
TO EXCEED on the following schedule:2
(1) Test fees:	Fee3
(a) Emergency medical responder - written only $15.004
(b) Emergency medical responder - written only (out of state)$15.005
(c) Emergency medical technician initial written & practical$60.006
(d) Emergency medical technician entire practical exam$30.007
(e) Emergency medical technician partial practical $15.008
(f) Emergency medical technician testing/retesting-written only$15.009
(g) Emergency medical technician testing/retesting-written only (out of10
state)	$15.0011
(h) Advanced emergency medical technician initial written & practical12
$75.0013
(i) Advanced emergency medical technician initial written &14
practical(out of state)	$100.0015
(j) Advanced emergency medical technician retest entire practical16
$50.0017
(k) Advanced emergency medical technician retest entire practical (out18
of state)	$65.0019
(l) Advanced emergency medical technician retest partial practical20
$30.0021
(m) Advanced emergency medical technician retest partial practical (out22
of state)	$30.0023
(n) Advanced emergency medical technician testing/retesting-written24
only (exam only)	$15.0025
(o) Advanced emergency medical technician testing/retesting-written26
only (exam only) (out of state)	$15.0027
(p) Paramedic initial written & practical $90.0028
(q) Paramedic initial written & practical (out of state)$125.0029 SB NO. 198
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(r) Paramedic retesting-entire practical	$60.001
(s) Paramedic retesting-entire practical (out of state)$75.002
(t) Paramedic retesting-partial practical $35.003
(u) Paramedic retesting-partial practical (out of state)$40.004
(v) Paramedic testing/retesting written	$15.005
(w) Paramedic testing/retesting written (out of state)$15.006
(2)License fees7
(a) Emergency medical responder	$10.008
(b) Emergency medical technician	$30.009
(c) Advanced emergency medical technician $40.0010
(d) Paramedic	$50.0011
(3) Recertification12
(a) Emergency medical responder	$5.0013
(b) Emergency medical technician	$25.0014
(c) Advanced emergency medical technician $35.0015
(d) Paramedic	$45.0016
(4) Reciprocity17
(a) Emergency medical technician	$60.0018
(b) Advanced emergency medical technician $80.0019
(c) Paramedic	$100.0020
C. The board may adopt rules and regulations in accordance with the21
Administrative Procedure Act to provide for the collection of fees authorized22
by the fee schedule provided in this Section.23
§3023. Louisiana Emergency Medical Services Certification Commission;24
creation; membership; qualifications; terms; vacancies;25
meetings; officers; compensation; domicile26
A. The Louisiana Emergency Medical Services Certification Commission27
is hereby created within the board.28
B.(1) The commission shall be composed of eleven voting members29 SB NO. 198
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appointed by the governor as follows:1
(a) Two emergency medical services administrators, including one2
representing the private sector and one representing the public sector.3
(b) Two licensed paramedics and one licensed emergency medical4
technician who are approved as emergency medical services educators by the5
bureau. At least one of the members as provided in this Subparagraph shall be6
appointed by the Louisiana Fire Chiefs Association.7
(c) Four physicians, one from each of the following organizations:8
(i) The American College of Emergency Physicians.9
(ii) The American College of Surgeons.10
(iii) The Louisiana State Medical Society.11
(iv) The American Academy of Pediatrics.12
(d) One member who is, at a minimum, a state-certified emergency13
medical technician nominated by the Louisiana Municipal Association.14
(e) One member nominated by the Professional Firefighters Association15
of Louisiana.16
(2) The commission shall also have one voting member appointed by the17
governor who is a registered nurse and who is a state-licensed paramedic to be18
nominated by the Louisiana State Nurses Association from a list of two names19
submitted by the Louisiana Emergency Nurses Association.20
C. Each member of the commission shall be a resident of Louisiana for21
at least one year, have had three years experience in his respective field of22
practice, and be actively engaged in the practice of emergency medical services23
at the time of his appointment.24
D.(1) The initial voting members of the commission shall be appointed25
no later than October 1, 2013, from a list of two nominees for each appointment26
submitted by the task force.  If the task force fails to submit a list of nominees27
to the governor by September 1, 2013, the governor shall appoint the respective28
members of the commission without the nomination list required by this29 SB NO. 198
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Section.1
(2) The nonvoting member shall be appointed to serve terms of three2
years. The initial member shall be appointed by the governor to an initial term3
of three years by October 1, 2013, or within thirty days of receipt of the list4
from the Louisiana State Nurses Association, whichever is later.5
E. Each appointment by the governor shall be submitted to the Senate6
for confirmation.7
F.(1) The voting members appointed to the commission shall serve as8
follows: three members shall be appointed to serve an initial term of one year;9
three members shall be appointed to serve an initial term of two years; and10
three members shall be appointed to serve an initial term of three years.11
Thereafter, each member shall be appointed to serve a term of three years.12
(2) No individual shall serve more than two consecutive terms.13
G. Subsequent to the appointment of the initial members, the voting14
members shall be appointed from a list of two nominees for each appointment15
submitted by the task force. No later than thirty days prior to the termination16
date of a member's term, the task force shall submit a list of nominees to the17
governor. If the Louisiana State Nurses Association or the task force fails to18
submit the required list of nominees to the governor within thirty days, the19
governor shall appoint the respective member to fill the vacancy without the20
nomination list required.21
H. The governor shall call the first meeting of the commission no later22
than November 30, 2013. At a minimum, the commission shall meet on a23
quarterly basis and, in addition, shall meet when called by the chairman or24
upon the written request of at least four voting members of the commission.25
I. The commission shall annually elect a chairman, vice chairman, and26
secretary from among its voting membership and shall maintain a record of the27
attendance of its members at commission meetings.28
J. For each day while performing his official duties, a member of the29 SB NO. 198
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commission may be reimbursed for expenses and mileage at the same rate set1
by the division of administration for state employees under the provisions of2
R.S. 39:231.3
K. The commission shall be domiciled in Baton Rouge.4
L. The governor shall remove a member of the commission after a5
hearing by the commission during which charges for removal have been6
established and provided that a majority of the members have recommended7
removal.8
§3024. Powers and duties of the commission; exceptions9
A. The commission shall:10
(1) Recommend to the board requirements and standards of practice for11
individuals seeking to be certified under this Part.12
(2) Approve requirements and standards of practice submitted by the13
board for emergency medical services practitioners consistent with this Part.14
(3) Recommend continuing education requirements and standards to the15
board in accordance with criteria established by the National Registry of16
Emergency Medical Technicians for individuals seeking to renew a license.17
(4) Conduct disciplinary hearings for EMS practitioners and applicants.18
(5) Request that the board conduct investigations as necessary.19
(6) Cause the prosecution of any individual who violates any provision20
of this Part.21
(7) Maintain a record of all commission proceedings.22
(8) Adopt rules and regulations to implement the provisions of this23
Subpart in accordance with the Administrative Procedure Act.24
B. Except as they relate to scope of practice or patient care issues,25
Paragraphs(A) (4), (5), and (6) of this Section shall not apply to anyone who is26
a volunteer of or employed by the state of Louisiana or another public entity,27
a municipal fire department, a fire protection district, or a volunteer fire28
department who has successfully completed an education program based on29 SB NO. 198
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national EMS education standards and who possesses a current national1
certification and state license, until the commission has forwarded the2
nonmedical practice complaint to the local governing body and received a3
response with investigative results and any disciplinary disposition.  In the event4
that the local governing body does not send a response or request for extension5
to the commission within sixty days after receipt of the complaint, the6
commission may proceed with the powers and duties as defined in Subsection7
A of this Section. Notwithstanding any law to the contrary, in the event the8
commission determines by a two-thirds vote of the membership of the9
commission that public health and safety would be jeopardized by waiting for10
a response from the local governing authority, the commission shall have the11
right to exercise its powers and duties as provided in Subsection A of this12
Section without receipt of an investigative report from the local governing13
authority or the expiration of the sixty-day period as provided in this14
Subsection.15
§3025.  License; requirements; renewal16
A. Applicants for initial licensure as emergency medical services17
practitioners shall submit the following evidence to the board:18
(1) Completion of the required approved educational program.19
(2) Documentation that the applicant meets the qualifications and20
requirements as established by the board or commission.21
B. In lieu of the evidence required by Subsection A of this Section, an22
applicant may submit evidence that he has been duly licensed or certified in23
another state, territory, or country or has received military training and24
certification or license as emergency medical services practitioner as defined in25
R.S. 40:3001, and meets the qualifications and requirements established by the26
board.27
C.(1) The license shall be renewed every two years provided the28
applicant seeking renewal completes the application and meets the29 SB NO. 198
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requirements for renewal established by the board prior to the expiration date1
on his current license.2
(2) An individual whose license expires by his failure to renew as3
provided may be reinstated provided the applicant submits a completed4
application and meets any additional requirements established by the board for5
an individual who has failed to timely renew his license.6
§3026.  Grounds for disciplinary proceedings7
The commission may discipline emergency medical services practitioners8
by directing the board to deny, withhold, revoke, restrict, probate, or suspend9
a license to practice as an emergency medical services practitioner, impose fines10
and assess costs, or otherwise discipline an emergency medical services11
practitioner, and the commission may direct the board to limit, restrict, or deny12
a student emergency medical services practitioner from entering or continuing13
the clinical phase of EMS education for the following causes:14
(1) Conviction of selling or attempting to sell, falsely obtaining, or15
furnishing to a person a licensed emergency medical services practitioner16
document.17
(2) Conviction of a crime or offense which reflects the inability of an18
emergency medical services practitioner to provide emergency medical services19
with due regard for the health and safety of clients or patients, regardless of20
final disposition of the criminal proceeding including but not limited to pardon,21
expungement, or nonadjudication.22
(3) Is unfit or incompetent by reason of negligence, habit, or other cause.23
(4) Is habitually intemperate in the use of or abuses alcohol or24
habit-forming drugs.25
(5) Is guilty of aiding or abetting another person in the violation of this26
Part.27
(6) Is mentally incompetent.28
(7) Endeavors to deceive or defraud a patient, employer, the public, the29 SB NO. 198
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board, or the commission.1
(8) Professional or medical incompetency.2
(9) Unprofessional conduct.3
(10) Continuing or recurring practices which fail to meet the standards4
of EMS care in this state.5
(11) Abandonment of a patient.6
(12) Has had a certification or license to practice as an emergency7
medical services practitioner or to practice as another health care provider8
denied, revoked, suspended, or otherwise restricted.9
(13) Is guilty of moral turpitude.10
(14) Has violated any rules and regulations of the commission or the11
board or any provision of this Part.12
(15) Intentional falsification of any document related to licensure,13
emergency medical services education, or related to the care of a patient.14
§3027.  Hearings of the commission; appeal of decision15
A. If the commission determines there are grounds for a disciplinary16
proceeding against an individual, based upon an investigation by the board, the17
chairman of the commission shall set a time and place for a hearing.  No later18
than ten days prior to the date set for the hearing, the commission shall send19
notice of the time and place for the hearing and an explanation of the grounds20
for the disciplinary proceedings to the individual by registered mail, return21
receipt requested, at his last known address as it appears on the records of the22
board.23
B. The commission may compel or subpoena the attendance of witnesses,24
the production of books, papers, and documents, and administer oaths at the25
hearing. Subpoenas shall be issued in accordance with the provisions of the26
Administrative Procedure Act. The commission shall not be bound by strict27
rules of procedure or other laws of evidence in the conduct of its proceedings.28
The individual under investigation may appear personally, by counsel, or29 SB NO. 198
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personally and by counsel, produce witnesses and evidence on his own behalf,1
and cross-examine witnesses. Such proceedings shall be closed to the general2
public and the records of the proceeding shall be confidential.3
C. Notwithstanding any privilege of confidentiality recognized by law,4
a physician or health care agency with which the individual under investigation5
is associated shall not assert such privilege by failing or refusing to respond to6
a lawfully issued subpoena of the commission for any medical information,7
testimony, records, data, reports, or other documents, tangible items, or8
information relative to any patient cared for or assigned to the individual under9
investigation. Any such items obtained pursuant to a subpoena shall be10
confidential.  Furthermore, the transcript of testimony from the hearing shall11
be altered to prevent the disclosure of the identity of the patient to whom such12
records relate.13
D. Notice of the commission's decision to revoke, restrict, suspend, or14
deny a license shall be sent to the individual under investigation by registered15
mail, return receipt requested, at his last known address as it appears on the16
records of the board.17
E. An individual whose license has been revoked, restricted, suspended,18
placed in probation, or denied may have the proceedings of the commission19
reviewed by a court of competent jurisdiction, provided that an appeal is made20
no later than thirty days after the date indicated on the registered mail receipt21
of the notice required by Subsection D of this Section. The decision of the22
commission shall remain in force until an appeal is granted unless the court23
orders a stay. If an appeal is granted, the decision of the commission shall be24
suspended until a final disposition of the matter is ultimately rendered by the25
court affirming the decision of the commission.26
F. The commission may maintain the confidentiality of an individual27
under investigation whenever the commission determines the public interest will28
be best served by alternatives to the disciplinary hearing process.29 SB NO. 198
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G. A notice concerning an investigation, disciplinary proceeding or1
inquiry into the possibility thereof, or a disciplinary hearing may be sent to the2
individual in question by registered mail, return receipt requested, at his last3
known address as it appears on the records of the board. Such notice shall4
constitute good, valid, and sufficient notice, even if unclaimed or refused by the5
individual.6
(1) The commission may summarily suspend the license of an individual7
who refuses to respond within the time limit set forth therein to such a notice8
seeking information or explanation of alleged or possible grounds for9
disciplinary proceedings, said suspension to continue until an adequate response10
is received.  The chairperson of the commission acting alone may impose such11
a summary suspension, provided that such suspension shall remain in effect12
only until the next meeting of the commission, at which the commission must13
vote to either maintain or reject the suspension.14
(2) The commission may summarily suspend the license of an individual15
who receives such notice but fails to appear for a disciplinary hearing, said16
suspension to continue until such time as the individual appears at a new17
properly noticed hearing date.18
H. The commission may summarily suspend the license of an individual19
if it determines that public health, safety, and welfare requires emergency20
action and a finding to that effect is incorporated in its notice or order of21
suspension, provided that such suspension shall remain in effect only until the22
next meeting of the commission, at which time a disciplinary hearing must be23
held unless the individual fails to appear after valid notice or agrees to a later24
hearing date. The chairperson of the commission acting alone may impose such25
a summary suspension.26
§3028.  Violations27
No person or individual shall engage in any of the following activities:28
(1) Sell, or attempt to sell, falsely obtain, or furnish to any person any29 SB NO. 198
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emergency medical services practitioner diploma, license document, or record,1
or aid or abet therein.2
(2) Practice as an emergency medical services practitioner under any3
diploma or certificate illegally obtained or signed or issued unlawfully.4
(3) Practice as an emergency medical services practitioner unless5
licensed to do so under the provisions of this Part.6
(4) Use in connection with his name any designation tending to imply7
that he is an emergency medical services practitioner unless duly authorized to8
practice under the provisions of this Part.9
(5) Practice as an emergency medical services practitioner during the10
time the license issued under the provisions of this Part is suspended or revoked.11
(6) Practice as an emergency medical services practitioner during the12
time his license has lapsed by reason of his intentional failure to renew the13
license.14
(7) Conduct or serve as an educator in conducting any course claiming15
to prepare students for license as emergency medical services practitioner under16
the provisions of this Part, unless both the course and the educator have been17
approved by the board.18
(8) Knowingly aid or abet another person in the violation of this Part.19
§3029.  Injunction20
The commission, through the board, may obtain an injunction without21
bond forbidding any person from violating or continuing to violate any of the22
provisions of this Part. This injunction shall not be subject to release upon23
bond.24
§3030.  Prosecution25
A. Any person who violates the provisions of R.S. 40:3028 shall be26
subject to prosecution. This prosecution shall be brought in the name of the27
state, provided the provisions of this Part shall not prevent or interfere with a28
prosecution brought by the district attorney of a parish when a prosecution or29 SB NO. 198
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a pre-prosecution proceeding has been initiated by the district attorney.1
B. Whoever is found guilty of violating any provision of R.S. 40:30282
shall, upon a first conviction, be fined not more than five hundred dollars or3
imprisoned for not more than six months, or both.  Upon a second or4
subsequent conviction, the offender shall be imprisoned with or without hard5
labor for not more than two years and fined not more than five thousand6
dollars.7
§3031.  Exceptions8
This Part shall not apply to the practice of emergency medical services9
by a legally qualified emergency medical services practitioner who is employed10
by the United States government, or by any bureau, division, or agency thereof,11
while in the discharge of his official duties.12
§3032.  Civil immunity13
A.(1) Any emergency medical services practitioner, licensed pursuant to14
the provisions of this Part who renders emergency medical care to an individual15
while in the performance of his medical duties and following the instructions of16
a physician shall not be individually liable to such an individual for civil17
damages as a result of acts or omissions in rendering the emergency medical18
care, except for acts or omissions intentionally designed to harm, or for grossly19
negligent acts or omissions which result in harm to such an individual. Nothing20
herein shall relieve the driver of the emergency vehicle from liability arising21
from the operation or use of such vehicle.22
(2) The immunity granted to emergency medical services practitioners23
by the provisions of this Part shall extend to parish governing authorities, police24
departments, sheriffs' offices, fire departments, or other public agencies25
engaged in rendering emergency medical services and its insurers with respect26
to such emergency medical services unless the emergency medical services27
practitioner employed by such agencies would be personally liable under the28
provisions of Paragraph (1) of this Subsection.29 SB NO. 198
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B. Any physician who provides instructions to any emergency medical1
services practitioner by use of electronic or other means of transmission in2
connection with the rendering of emergency medical services to an individual3
shall not be liable unto such practitioner or to an individual or both for civil4
damages arising from his opinion, judgments, actions, or duties, except for acts5
or omissions intentionally designed to harm, or for grossly negligent acts or6
omissions which result in harm to the individual, while exercising that degree7
of skill and care ordinarily employed by members of his profession in good8
standing.9
C. No hospital facility which allows the use of telemetry or other10
equipment to maintain contact between an emergency medical services11
practitioner and a physician shall be liable for any civil damages arising out of12
the use of such equipment except for acts or omissions by hospital personnel13
that are grossly negligent which result in harm to an individual.14
D. No registered nurse, licensed emergency medical services practitioner,15
or other health professional licensed in Louisiana who supervises, instructs, or16
trains emergency medical services practitioners in accordance with curricula17
developed or adopted by the bureau shall be liable for any civil damages arising18
out of the actions or negligence of the emergency medical personnel whom he19
supervised, educated, or trained.20
E. There shall be no cause of action or civil liability, and no license21
holder or applicant shall have any cause of action or any claim for damages22
against any individual, person, or institution providing information to the23
commission or its agents or employees when that individual, person, or24
institution acts without malice and when there is a reasonable belief that such25
information is accurate.26
§3033.  Immunity from civil damages27
No parish, specialty, component, or state medical society or organization,28
or its designee, which is statutorily mandated by this Part to participate without29 SB NO. 198
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compensation or gratuitously participates in an emergency services system, nor1
any committee of such parish, specialty, component, or state medical society or2
organization, including the individual members of such committee, or its3
designee, shall be liable for any civil damages as a result of any act or omission4
in the performance of their administrative duties or donated services with such5
emergency services system, including, without limitation, advice, instructions,6
or other duties regarding policy, protocol, administration, and efficiency of the7
emergency medical services system. The immunity extended to a parish,8
specialty, component, or state medical society or organization, or any committee9
thereof, including the individual members of such committee, including their10
insurers, or its designee, shall not be applicable for willful or wanton acts or11
omissions. The immunity extended herein shall be applicable only to an action12
brought by the person damaged as a result of the performance of any13
administrative duties or donated services rendered pursuant to the provisions14
of this Section.15
§3034.  Duties of emergency medical personnel16
A.(1) A licensed emergency medical services practitioner may perform17
any of the following functions:18
(a) Services, treatment, and procedures consistent with national EMS19
education standards that have been approved and adopted by the board, and20
to the extent that he has been trained to perform such services.21
(b) Administration of other drugs or procedures for which the licensed22
emergency medical services practitioner has received training, license, and23
approval by the commission and which may be considered necessary by the24
ordering physician.25
(2) The functions authorized by Paragraph (1) of this Subsection may be26
performed by the licensed emergency medical services practitioner while he is27
caring for a patient or at the scene of a medical or other emergency where voice28
contact is established with a physician and under the physician's order; or29 SB NO. 198
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under a protocol that has been approved by the local parish medical society or1
the emergency medical services practitioner's medical director, until voice2
communication with the physician is established.3
B. An emergency medical services practitioner student may, while he is4
enrolled in good standing in a state approved clinical or field internship5
program under the direct supervision of a physician, registered nurse,6
paramedic, or other preceptor recognized by the board:7
(1) Perform services, treatments, and procedures consistent with national8
EMS education standards that have been approved and adopted by the board,9
and to the extent that he has been trained to perform such services.10
(2) Administer automated cardiac defibrillation in accordance with rules11
and regulations promulgated by the board in accordance with the12
Administrative Procedure Act and a protocol that shall be approved by the local13
parish medical society, or its designee, and the local physician medical director.14
C. In a case of a life-threatening situation as determined by a licensed15
emergency medical services practitioner, when voice contact with a physician16
is delayed, not possible, or when the delay in treatment could endanger the life17
of the patient, such a person may render services, in accordance with a protocol18
that shall be established by the emergency medical services committee or the19
executive committee of the parish or component medical society, or its designee,20
until voice communication can be established at the earliest possible time.21
D. Any individual, education organization, organization, or other entity22
violating the provisions of this Section shall be guilty of a misdemeanor,23
conviction of which shall subject the offender to a fine of not less than five24
hundred dollars nor more than one thousand dollars for each separate offense.25
E. In the event that there is no organized or functional local parish26
medical society in a parish of the state, the provisions of this Section which27
require the approval of an emergency medical service protocol by the local28
parish medical society or its designee may be performed by a parish or29 SB NO. 198
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multiparish medical society which is adjacent or contiguous to the parish1
without an organized or functional local parish medical society. In the absence2
of such adjacent or contiguous parish or multiparish medical society, the3
district medical society shall approve an emergency medical service protocol for4
the parish without an organized or functional local parish medical society. In5
the event the district medical society does not approve an emergency medical6
service protocol for the parish without an organized or functional local parish7
medical society, the disaster and emergency medical services committee of the8
Louisiana State Medical Society shall approve an emergency medical service9
protocol for the parish without an organized or functional local parish medical10
society.11
F. The board shall promulgate rules and regulations establishing basic12
guidelines for statewide emergency medical service protocols. Such rules and13
regulations shall be based on the recommendations of the Louisiana State14
Medical Society's disaster and emergency medical services committee, which15
shall serve as an advisory committee to the board for this purpose.16
§3035. Hazardous substance transportation emergencies; payment for17
emergency medical services18
Any person or entity who in the course of transporting hazardous19
substances or materials causes or contributes to a discharge of a hazardous20
substance or material that causes an emergency condition shall be obligated to21
pay the reasonable costs of any emergency medical services provider whose22
presence or service, including standby, is requested at such hazardous substance23
emergency by any person authorized by the Department of Public Safety and24
Corrections or the Department of Environmental Quality to respond to a25
hazardous substance transportation emergency. Nothing in this Section shall26
affect the rights of any party to recover under any other provision of law.27
PART IV.  AUTOMATED EXTERNAL DEFIBRILLATORS28
§1236.113041. Legislative findings29 SB NO. 198
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A. The Legislature of Louisiana finds that each year more than three1
hundred fifty thousand Americans die from out-of-hospital sudden cardiac2
arrest. More than ninety-five percent of these Americans die, in many cases3
because a lifesaving defibrillator did not arrive at the scene of the emergency4
in time.5
B. The American Heart Association estimates that more than twenty6
thousand deaths may be prevented each year if defibrillators were more widely7
available to designated responders.8
C. Many communities throughout the state and nation have invested in9
911 emergency response systems, emergency personnel, and ambulance vehicles.10
However, many of these communities do not have enough defibrillators in their11
community.12
D. It is therefore the intent of the legislature to encourage greater13
acquisition, deployment, and use of automated external defibrillators in14
communities throughout the state.15
§1236.123042.  Definitions16
As used in this Part "automated external defibrillator" and "AED"17
mean a medical device heart monitor and defibrillator that:18
(1) Has received approval of its pre-market notification filed pursuant19
to 21 U.S.C. 360(k) from the United States Food and Drug Administration.20
(2) Is capable of recognizing the presence or absence of ventricular21
fibrillation or rapid ventricular tachycardia and is capable of determining22
whether defibrillation should be performed.23
(3) Upon determining that defibrillation should be performed,24
automatically charges and requests delivery of an electrical impulse to an25
individual's heart.26
(4) Is capable of delivering the electrical impulse to an individual's heart.27
§1236.133043. Persons in possession of AEDs; training, testing, and notification28
requirements; manufacturer responsibility; possession required29 SB NO. 198
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A. In order to ensure public health and safety, any person or entity that1
possesses an AED shall ensure that:2
(1) The AED is maintained and tested according to the manufacturer's3
guidelines.4
(2) A licensed physician or advanced practice registered nurse who is5
authorized to prescribe is involved in the possessor's program to ensure6
compliance with the requirements for training, emergency medical service7
notification, and maintenance.8
(3)(a) Expected AED users regularly, on the premises of a particular9
entity, such as a worksite or users who carry an AED in a private security10
patrol vehicle, receive appropriate training in cardiopulmonary resuscitation11
(CPR) and in the use of an AED from any nationally recognized course in CPR12
and AED use.13
(b) For purposes of this Paragraph, "expected AED users" shall be any14
person designated by the possessor to render emergency care.15
(4) The emergency medical services system is activated as soon as16
possible when an individual renders emergency care to an individual in cardiac17
arrest by using an AED.18
(5) Any clinical use of the AED is reported to the licensed physician or19
advanced practice registered nurse involved in the possessor's program.20
B. Any person or entity that possesses an AED shall notify a local21
provider of emergency medical services, such as 911 service, local ambulance22
service, or the fire department of the acquisition, location, and type of AED.23
C. Any manufacturer, wholesale supplier, or retailer of an AED shall24
notify purchasers of AED's intended for use in the state of the requirements of25
this Section.26
D.(1) The owner of or the entity responsible for a physical fitness facility27
shall keep an AED on its premises.28
(2) As used in this Subsection of this Section:29 SB NO. 198
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(a) "Physical fitness facility" means a facility for profit or nonprofit with1
a membership of over fifty persons that offers physical fitness services. This2
term includes but is not limited to clubs, studios, health spas, weight control3
centers, clinics, figure salons, tanning centers, athletic or sport clubs, and4
YWCA and YMCA organizations.5
(b) "Physical fitness services" means services for the development of6
physical fitness through exercise or weight control.  It shall not include a7
business limited solely to the practice of physical therapy, as defined in R.S.8
37:2401, by a therapist licensed by the Louisiana State Board of Medical9
Examiners, nor shall it apply to medically related services performed by a10
physician licensed by the Louisiana State Board of Medical Examiners in a11
private office, clinic, or hospital.12
E.(1) Any institution of higher education that competes in intercollegiate13
athletics shall have an AED on its premises in its athletic department.14
(2) Each high school that participates in interscholastic athletics shall15
have an AED on its premises, if funding is available.16
§1236.14 §3044.  Limitation of liability17
In addition to the civil immunity provided to persons rendering18
emergency assistance as provided by law, including R.S. 9:2793, R.S. 37:1731,19
1732, and 1735, and R.S. 40:2872, any prescribing advanced practice registered20
nurse or physician who authorizes the purchase of the AED, any physician or21
advanced practice registered nurse involved in the possessor's program, any22
individual or entity which provides training in cardiopulmonary resuscitation23
and in the use of an AED, any purchaser of an AED, any person or entity who24
owns or who is responsible for the site or the private security patrol vehicle25
where an AED is located, and any expected user regularly on the premises or26
in the vehicle shall not be liable for any civil damages arising from any act or27
omission of acts related to the operation of or failure to operate an AED that do28
not amount to willful or wanton misconduct or gross negligence.29 SB NO. 198
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Section 4. R.S. 44:4.1(B)(26) is hereby amended and reenacted and R.S. 44:4(48)1
is hereby enacted to read as follows:2
§4. Applicability3
This Chapter shall not apply:4
*          *          *5
(48) To any records, writings, accounts, letters, letter books, photographs6
or copies or memoranda thereof, and any report or reports concerning the7
fitness of any person to receive, or continue to hold, a license to practice as an8
EMS practitioner in the custody or control of the Louisiana Emergency Medical9
Services and Response Network Board or the EMS Certification Commission;10
however, any action taken by the board or commission, and any legal grounds11
upon which such action is based, relative to the fitness of any person to receive,12
or continue to hold, a license to practice as an EMS practitioner shall be a13
public record.14
*          *          *15
§4.1. Exceptions16
*          *          *17
B. The legislature further recognizes that there exist exceptions, exemptions,18
and limitations to the laws pertaining to public records throughout the revised19
statutes and codes of this state. Therefore, the following exceptions, exemptions, and20
limitations are hereby continued in effect by incorporation into this Chapter by21
citation:22
*          *          *23
(26) R.S. 40:3.1, 31.14, 31.27, 39.1, 41, 73, 526, 528, 1007, 1098.8, 1232.7,24
1299.6, 1299.35.10, 1299.44, 1299.85, 1299.87, 1300.14, 1300.54, 1379.3, 2009.8,25
2009.14, 2010.5, 2017.9, 2018, 2019, 2020, 2106, 2109.1, 2138, 2532, 2845.126
3003(B)(10), 3013, 3027.27
*          *          *28
Section 5. Subparts A and B of Part VII of Chapter 5 of Title 40 of the Louisiana29 SB NO. 198
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Revised Statutes of 1950, comprised of R.S. 40:1231 through 1234.1, Subpart D of Part VII1
of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.2
40:1236.11 through 1236.14, and Chapter 34 of Title 40 of the Louisiana Revised Statutes3
of 1950, comprised of R.S. 40:2841 through 2846, are hereby repealed.4
Section 6.  The Louisiana State Law Institute is hereby directed to redesignate5
Subpart C of Part VII of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950,6
comprised of R.S. 40:1235 through 1236.7, to Subpart A, and Subpart E of Part VII of7
Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S.8
40:1236.21 through 1236.31, to Subpart B.9
Section 7. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law provides for the Louisiana Emergency Response Network (LERN) and Bureau
of Emergency Medical Services and proposed law consolidates their functions into the
Louisiana Emergency Medical Services and Response Network (LEMSRN).
Present law provides for limitation of liability with LERN.
Proposed law provides for LEMSRN to be placed within Department of Health and
Hospitals.
Proposed law provides for the Louisiana Emergency Medical Services Certified Commission
within the LEMSRN.
Proposed law provides for definitions within present law for Emergency Medical
Transportation.
Proposed law provides for the Louisiana Emergency Medical Services and Response
Network.
Proposed law provides for definitions.
Proposed law provides for governing board, membership on the board, appointments to the
board, compensation for members on the board, and vacancies on the board.
Proposed law provides for a 31 member board: SB NO. 198
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(1)One cardiologist from nominees submitted by the Louisiana Chapter of the American
College of Cardiology.
(2)One member from nominees submitted by the Rural Hospital Coalition to represent
hospitals with fewer than sixty beds.
(3)One member from nominees submitted by the Metropolitan Hospital Council of New
Orleans to represent hospitals with one hundred beds or more.
(4)One member from nominees submitted by the Louisiana Hospital Association to
represent a service district hospital.
(5)Two members from nominees submitted by the Department of Health and Hospitals
which shall include a member from the office of behavioral health.
(6)One member from nominees submitted by the Governor's Office of Homeland
Security and Emergency Preparedness.
(7)Two members from nominees submitted by the Louisiana State Medical Society
which shall include a member specializing in pediatric surgery.
(8)One member from nominees submitted by the Louisiana Chapter of the Committee
on Trauma of the American College of Surgeons.
(9)One member from nominees submitted by the Louisiana American College of
Emergency Physicians.
(10)One member from nominees submitted by the Louisiana State University Health
Sciences Center at Shreveport.
(11)One member from nominees submitted by the Louisiana State University Health
Sciences Center at New Orleans.
(12)One member from nominees submitted by Tulane University Health Sciences
Center.
(13)One member from nominees submitted by the Louisiana State Coroners Association.
(14)Two members from the Louisiana House of Representatives.
(15)Two members from the Louisiana Senate.
(16)One 211 member of the Louisiana Alliance of Information and Referral Systems.
(17)One member of the Louisiana Rural Ambulance Alliance.
(18)One 911 member of the National Emergency Number Association.
(19)One member of the Louisiana Hospital Association rehabilitation constituency
group.
(20)One member from nominees submitted by the Louisiana Chapter of the American
Stroke Association.
(21)One registered nurse practicing in emergency or critical care from nominees
submitted by the Louisiana State Board of Nursing.
(22)One optometrist from nominees submitted by the Optometry Association of
Louisiana. SB NO. 198
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(23)One member from nominees submitted by the Louisiana Fire Chiefs Association.
(24)One member from nominees submitted by the Louisiana Association Of Nationally
Registered Emergency Medical Technicians.
(25)One member representing a public EMS service from nominees submitted by the
Louisiana Municipal Association.
(26)One member representing a private ambulance service from nominees submitted by
the Louisiana Ambulance Alliance.
(27)The sitting chairman of the Louisiana EMS Commission, or his designee.
Proposed law provides for the board's functions, powers, and duties.
Proposed law provides for the board to submit an annual report to the Senate and House
Committees on Health and Welfare.
Proposed law reauthorizes the Louisiana Emergency Response Network Fund.
Proposed law provides for LERN within the Louisiana Emergency Medical Services and
Response Network.
Proposed law provides for emergency medical personnel training and licensure.
Proposed law provides the board the authority to set fees from a fee schedule.
Proposed law provides for the Louisiana Emergency Medical Services Certification
Commission (commission).
Proposed law provides for membership on the commission, qualifications for membership,
terms, vacancies, meetings of the commission, officers of the commission, compensation of
members, and the domicile of the commission.
Proposed law provides for the powers and duties of the commission and exceptions to the
oversight by the commission.
Proposed law provides for licensure, licensure requirements, and renewal of license for
emergency medical services practitioners.
Proposed law provides for grounds of disciplinary proceedings by the commission, hearings
of the commission, and appeals.
Proposed law provides for penalties, injunctive relief, and prosecution.
Proposed law provides for exception to oversight, civil immunity, and immunity from civil
damages.
Proposed law provides for duties of emergency personnel.
Proposed law provides for hazardous substance transportation emergencies and payment for
emergency medical services.
Proposed law provides for automated external defibrillators (AED).
Proposed law provides for persons in possession of AEDs, training, testing, and notification
requirements, and manufacturer responsibility. SB NO. 198
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words in boldface type and underscored are additions.
Proposed law provides for limitation on liability.
Proposed law amends present law to exclude ceratin records from the public records
requirement.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 9:2798.5, R.S. 36:258(B), 259(J) and (GG), and 919.4, R.S. 40:2173, and R.S.
44:4.1(B)(26); adds R.S.40:1236.8 and 3001-3044 and R.S. 44:4(48); repeals R.S. 40:1231-
1234.1, 1236.11-1236.14, and 2841-2846)