ENROLLED
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Regular Session, 2014
HOUSE BILL NO. 187
BY REPRESENTATIVES LOPINTO, ADAMS, ARNOLD, BADON, BERTHELOT,
WESLEY BISHOP, BROADWATER, BROSSETT, DOVE, GAROFALO,
HUNTER, JAMES, KLECKLEY, MORENO, SCHEXNAYDER, TALBOT, AND
WOODRUFF AND SENATOR GARY SMI TH
AN ACT1
To amend and reenact R.S. 14:286(D), R.S. 40:34(B)(1)(a)(viii), (h)(v), (i), and (j), and R.S.2
44:4.1(B)(26), to enact Chapter 1-C of Code Title IV of Code Book III of Title 9 of3
the Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:2718 through4
2720.15, R.S. 14:286(E), and Part VII of Chapter 2 of Title 40 of the Louisiana5
Revised Statutes of 1950, to be comprised of R.S. 40:93 through 97, and to repeal6
R.S. 9:2713, relative to surrogacy; to provide for amendments to birth certificates;7
to provide for definitions relative to surrogacy contracts; to provide for genetic8
surrogacy contracts; to provide for the enforceability of gestational surrogacy9
contracts; to provide for the parties to a gestational surrogacy contract; to provide for10
contractual requirements for a gestational surrogacy contract; to provide for a11
proceeding to approve a gestational surrogacy contract; to provide for the check of12
the criminal records of the parties to a gestational surrogacy contract; to provide for13
an order preceding embryo transfer relative to a gestational surrogacy contract; to14
provide for matters relative to multiple attempts at in utero embryo transfer; to15
provide for confidentiality of the proceedings relative to a gestational surrogacy16
contract; to provide for continuing and exclusive jurisdiction to the proceedings17
relative to a gestational surrogacy contract; to provide for the termination of a18
gestational surrogacy contract by notice; to provide for remedies for the failure to19
perform under a gestational surrogacy contract; to provide for the termination of a20
gestational surrogacy contract and for the effects of divorce, nullity, and death on a21
gestational surrogacy contract; to provide for the effect of a subsequent marriage of22 ENROLLEDHB NO. 187
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the gestational mother on a gestational surrogacy contract; to provide for a post-birth1
order; to provide for DNA testing when the child is alleged not to be the child of the2
intended parents; to provide for time limitations and finality; to prohibit certain acts3
relative to a gestational surrogacy contract occurring on or after the effective date;4
to provide for data collection; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Chapter 1-C of Code Title IV of Code Book III of Title 9 of the7
Louisiana Revised Statutes of 1950, comprised of R.S. 9:2718 through 2720.15, is hereby8
enacted to read as follows:9
CHAPTER 1-C. SURROGACY CONTRACTS10
PART I. DEFINITIONS11
§2718. Definition of terms12
As used in this Chapter, the following terms shall have the meanings ascribed13
to them in this Section unless otherwise provided for or unless the context otherwise14
indicates:15
(1) "Compensation" means a payment of money, objects, services, or16
anything else having monetary value. Compensation shall not include17
reimbursement of actual expenses, as provided for in R.S. 9:2720.5(B)(3), to the18
gestational mother or payment for goods or services incurred by the intended parents19
as a result of the pregnancy and that would not have been incurred but for the20
pregnancy.21
(2) "Gamete" means either a sperm or an egg.22
(3) "Genetic surrogacy" means the process by which a woman attempts to23
carry and give birth to a child using her own gametes and either the gametes of a24
person who intends to parent the child or donor gametes, when there is an agreement25
to relinquish the custody of and all rights and obligations to the child.26
(4) "Gestational surrogacy" means the process by which a woman attempts27
to carry and give birth to a child born as a result of in utero transfer of a human28
embryo who has no genetic contribution from the gestational mother.29 ENROLLEDHB NO. 187
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(5) "Gestational mother" means a woman who agrees to engage in a1
gestational surrogacy.2
(6) "In utero embryo transfer" means the medical procedure whereby the3
genetic mother's egg is fertilized with the sperm of the genetic father, with the4
resulting embryo transferred into the uterus of the gestational mother.5
(7) "Intended parents" means a man and a woman who are married to each6
other in accordance with Louisiana law who contribute their gametes and who enter7
into an enforceable gestational surrogacy contract, as defined in this Chapter, with8
a gestational mother pursuant to which they will be the legal parents of the child9
resulting from that assisted reproduction.10
PART II. GENETIC SURROGACY11
§2719. Contract for genetic surrogacy; nullity12
A contract for genetic surrogacy shall be absolutely null.13
PART III. GESTATIONAL SURROGACY14
§2720. Enforceability of gestational surrogacy contract15
A. In accordance with the requirements of this Part, an agreement to be16
known as a gestational surrogacy contract is enforceable only if it is in writing and17
signed by the gestational mother, her spouse if she is married, and both of the18
intended parents.19
B. A gestational surrogacy contract is enforceable only if approved by a20
court in advance of in utero embryo transfer, and is in accordance with all of the21
requirements of this Part.22
C. No person shall enter into a gestational surrogacy contract for23
compensation as defined in R.S. 9:2718 or that is not in compliance with all of the24
requirements of this Part. Any such contract executed in the state of Louisiana or25
any other state shall be absolutely null and unenforceable in the state of Louisiana26
as contrary to public policy.27
D. No person shall enter into a gestational surrogacy contract that requires28
the gestational mother to consent to terminate a pregnancy resulting from in utero29
embryo transfer for any reason, including a prenatal diagnosis of an actual or30 ENROLLEDHB NO. 187
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potential disability, impairment, genetic variation, or any other health condition or1
a discrimination based on gender, or for the purposes of the reduction of multiple2
fetuses. Any such provision in a contract executed in the state of Louisiana or any3
other state shall be absolutely null and unenforceable in the state of Louisiana as4
contrary to public policy.5
§2720.1. Parties to a gestational surrogacy contract6
A gestational mother shall, at the time the gestational surrogacy contract is7
executed:8
(1) Be at least twenty-five years of age, and no older than thirty-five years9
of age.10
(2) Have given birth to at least one child.11
§2720.2. Contractual requirements12
A. In an enforceable gestational surrogacy contract, the gestational mother13
shall do all of the following:14
(1) Agree to become pregnant by means of in utero embryo transfer, using15
the gametes of the intended parents, and to give birth to the resulting child.16
(2) Agree to reasonable medical evaluation and treatment during the term of17
the pregnancy, to adhere to reasonable medical instructions about prenatal health,18
and to execute medical records releases under R.S. 40:1299.96 in favor of the19
intended parents.20
(3) Certify that prior to executing the gestational surrogacy contract she has21
undergone at least two counseling sessions, separated by at least thirty days, with a22
licensed clinical social worker, licensed psychologist, medical psychologist, licensed23
psychiatrist, or licensed counselor, to discuss the proposed surrogacy.24
(4) Certify, along with her spouse if she is married, that she will relinquish25
all rights and duties as the parents of a child born as a result of in utero embryo26
transfer.27
B. In an enforceable gestational surrogacy contract, the intended parents28
shall be a man and woman who are married to each other in accordance with29
Louisiana law and shall certify in writing that they do all of the following:30 ENROLLEDHB NO. 187
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(1) Acknowledge that the gestational mother has sole authority with respect1
to medical decision-making during the term of the pregnancy consistent with the2
rights of a pregnant woman carrying her own biological child.3
(2) Agree to accept custody of and to assume full parental rights and4
responsibilities for the child immediately upon the child's birth, regardless of any5
impairment of the child.6
(3) Be recognized as the legal parents of the child.7
C. The gestational surrogacy contract shall include a preliminary estimate8
of anticipated expenses and their allocation in accordance with R.S. 9:2720.5.9
§2720.3. Proceeding to approve surrogacy contract10
A. Prior to in utero embryo transfer, the intended parents or the gestational11
mother and her husband, if she is married, may initiate a summary proceeding in the12
court exercising jurisdiction over the adoption of minors where the intended parents13
or the gestational mother reside, seeking to have the court approve a gestational14
surrogacy contract.15
B. A proceeding to approve a gestational surrogacy contract shall be16
maintained only if all of the following occur:17
(1) The gestational mother and each of the intended parents have been18
domiciled in this state for at least one hundred eighty days.19
(2) The intended parents, the gestational mother, and her spouse, if she is20
married, are all parties to the proceeding.21
(3) A copy of the proposed gestational surrogacy contract is attached to the22
motion.23
(4) An independent board certified physician in obstetrics and gynecology24
or in reproductive endocrinology,who has medically treated the intended mother over25
a period of time such that the physician is competent to reach medical conclusions26
about the intended mother's medical condition and submits a signed affidavit27
certifying that in utero embryo transfer with a gestational mother is medically28
necessary to assist in reproduction.29 ENROLLEDHB NO. 187
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(5) For purposes of this Section, "medically necessary" means that the1
intended mother has been diagnosed to be infertile, or to have a physical condition2
such that a pregnancy would create serious risk of death or substantial and3
irreversible impairment of a major bodily function beyond the risk customary to4
pregnancy and child birth.5
§2720.4. Institution of records check6
A. Upon the initiation of the summary proceeding, the court shall do all of7
the following:8
(1) Order and be entitled to the criminal history record and identification files9
of the Louisiana Bureau of Criminal Identification and Information on each of the10
intended parents and the gestational mother and her spouse, if she is married, as a11
means of performing background checks on those individuals. The bureau shall,12
upon request and after receipt of fingerprint cards and other identifying information13
from the court, make available to the court information contained in the bureau's14
criminal history record and identification files, which pertains to each of the intended15
parents and the gestational mother and her spouse, if she is married. In addition, in16
order to determine an applicant's suitability, the fingerprints shall be forwarded by17
the bureau to the Federal Bureau of Investigation for a national criminal history18
record check. The bureau shall charge a processing fee as provided in R.S.19
15:587(B)(1).20
(2) Order that the Department of Children and Family Services conduct a21
records check for validated complaints of child abuse or neglect in this or any other22
state in which either of the intended parents and the gestational mother and her23
spouse, if she is married, has been domiciled since becoming a major.24
(3) Order that the judicial administrator's office of the Louisiana Supreme25
Court conduct a records check for court orders entered into the Louisiana Protective26
Order Registry involving each of the intended parents and the gestational mother and27
her spouse, if she is married.28 ENROLLEDHB NO. 187
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B. Each order shall state the full name, date of birth, social security number,1
and former and current state of domicile since becoming a major of each subject of2
the check.3
C. The sheriff or the office of state police, Louisiana Bureau of Criminal4
Identification and Information, the Department of Children and Family Services, and5
the judicial administrator's office of the Louisiana Supreme Court shall accord6
priority to these orders and shall provide a certificate to the court indicating all7
information discovered, or that no information has been found.8
§2720.5. Order Preceding Embryo Transfer9
A. Within sixty days of the initiation of a proceeding to approve a gestational10
surrogacy contract, the court shall set the matter for hearing, and after the hearing11
may issue an order, known as the Order Preceding Embryo Transfer, approving the12
gestational surrogacy contract and declaring that the intended parents shall be13
recognized as the legal parents of a child born pursuant to the gestational surrogacy14
contract.15
B. The court shall issue an Order Preceding Embryo Transfer upon finding16
that all of the following have occurred:17
(1) The requirements of R.S. 9:2720-2720.3 have been satisfied and the18
reports of criminal records, validated complaints of child abuse or neglect, and19
Louisiana Protective Order Registry checks show that there is no risk of harm to the20
child or the gestational mother.21
(2) Provisions have been made for all reasonable healthcare and legal22
expenses associated with the gestational surrogacy contract until the birth of the23
child, including responsibility for those expenses if the contract is terminated.24
(3) The gestational mother will receive no compensation other than:25
(a) Actual medical expenses, including hospital, testing, nursing, midwifery,26
pharmaceutical, travel, or other similar expenses, incurred by the gestational mother27
for prenatal care and those medical and hospital expenses incurred incident to the28
birth.29 ENROLLEDHB NO. 187
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(b) Actual expenses incurred for mental health counseling services provided1
to the gestational mother prior to the birth and up to six months after birth.2
(c) Actual lost wages of the gestational mother, not covered under a3
disability insurance policy, when bed rest has been prescribed for the gestational4
mother for some maternal or fetal complication of pregnancy and the gestational5
mother, who is employed, is unable to work during the prescribed period of bed rest.6
(d) Actual travel costs related to the pregnancy and delivery, court costs, and7
attorney fees incurred by the gestational mother.8
(e) Payment of a judicially sanctioned settlement or judgment rendered in9
favor of the gestational mother or her heirs as a result of her death, loss of10
reproductive organs or capability, or any other health complication caused by the in11
utero embryo transfer, pregnancy or resulting childbirth, miscarriage, or termination12
of pregnancy.13
(4) The parties understand the contract and freely give consent.14
§2720.6. Multiple embryo transfer attempts15
If there are multiple attempts at in utero embryo transfer, the gestational16
surrogacy contract and the Order Preceding Embryo Transfer shall continue in full17
force and effect in accordance with the parties' agreement until terminated under R.S.18
9:2720.9 or 2720.11, or until a live birth occurs pursuant to the gestational surrogacy19
contract.20
§2720.7. Confidentiality21
All proceedings governed by this Chapter shall be heard by the judge in22
chambers or in a closed hearing, and no one shall be admitted to the hearings except23
the parties in interest, their attorneys, and officers of the court. The court, in its24
discretion, may grant the request of a petitioner to permit others to be present at the25
hearing. The court records of these proceedings and the identities of the parties to26
a gestational surrogacy contract shall be sealed and are subject to disclosure, release,27
or inspection only upon application to the court and in conformity with the28
applicable requirements of confidentiality applicable to adoptions in the Children's29
Code.30 ENROLLEDHB NO. 187
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§2720.8. Continuing and exclusive jurisdiction1
Subject to the jurisdictional requirements of the Uniform Child Custody2
Jurisdiction and Enforcement Act, the court having jurisdiction over the proceeding3
to approve a gestational surrogacy contract pursuant to this Part shall have exclusive,4
continuing jurisdiction of all matters arising out of the gestational surrogacy contract.5
§2720.9. Termination of contract by notice6
A. Before each in utero embryo transfer, the gestational mother or either of7
the intended parents may terminate the gestational surrogacy contract by filing a8
motion with the court giving notice of termination and serving all other parties with9
the motion. Upon filing of the motion, the court shall issue an order vacating the10
Order Preceding Embryo Transfer.11
B. Neither a gestational mother nor her spouse, if she is married, is liable to12
the intended parents for terminating a gestational surrogacy contract pursuant to this13
Section.14
C. Absent timely notice of termination by an intended parent or the15
gestational mother, no court shall terminate an enforceable gestational surrogacy16
contract after issuance of a valid Order Preceding Embryo Transfer except for good17
cause shown after a hearing. No court shall terminate a gestational surrogacy18
contract after a successful in utero embryo transfer.19
§2720.10. Remedies20
After in utero embryo transfer, a failure to perform under the gestational21
surrogacy contract does not give rise to the right to dissolution. The parties' rights22
and responsibilities are otherwise governed by the rules of the Titles on Obligations23
in General and Conventional Obligations or Contracts.24
§2720.11. Termination of contract and effects of divorce, nullity, death25
A judgment of divorce or judicial declaration of nullity of a marriage between26
the intended parents, entered before in utero embryo transfer, terminates the27
gestational surrogacy contract. Upon the filing of a motion notifying the court of the28
judgment of divorce or declaration of nullity, the court shall issue an order vacating29
the Order Preceding Embryo Transfer. If an intended parent dies before in utero30 ENROLLEDHB NO. 187
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embryo transfer, the deceased individual is not a parent of the resulting child unless1
the child was born within three years of the death of the decedent and the deceased2
agreed in writing that if the in utero embryo transfer were to occur after death, the3
deceased individual would be a parent of the child and that the child would have all4
rights, including the capacity to inherit from the decedent.5
§2720.12. Effect of subsequent marriage6
After the issuance of an Order Preceding Embryo Transfer, subsequent7
marriage of the gestational mother does not affect the validity of a gestational8
surrogacy contract. The consent of the spouse is not required, and he is not a9
presumed father of the resulting child, notwithstanding any legal presumption to the10
contrary.11
§2720.13. Post-Birth Order12
A. Upon birth of a child to a gestational mother within three hundred days13
after in utero embryo transfer, the intended parents or their successors, the14
gestational mother, or her spouse shall file a motion requesting issuance of a15
Post-Birth Order. The motion shall be accompanied by a certified copy of the child's16
original birth certificate and an affidavit executed by the intended parents containing17
an accounting of fees and charges paid or agreed to be paid by or on behalf of the18
intended parents in connection with the gestational surrogacy contract.19
B. If neither the intended parents, their successors, the gestational mother,20
or her spouse file the motion described in Subsection A of this Section, the21
Department of Children and Family Services may file a motion notifyi ng the court22
that a child has been born to the gestational mother within three hundred days after23
in utero embryo transfer, and the court shall set the motion for hearing.24
C. The court may order a hearing and, after finding that the parties have25
complied with this Part, shall issue a Post-Birth Order:26
(1) Confirming that the intended parents are the legal parents of the child and27
are financially responsible for the child.28
(2) If necessary, ordering that the child be surrendered to the intended29
parents.30 ENROLLEDHB NO. 187
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(3) Directing that a new birth certificate be created and that the intended1
parents be listed on the birth certificate as the parents of the child pursuant to R.S.2
40:32 et seq., and that the original birth certificate be sealed and subject to release3
or inspection only upon application to the court for good cause shown.4
§2720.14. DNA testing5
If the child is alleged not to be the child of the intended parents, supported6
by a sworn affidavit alleging specific facts which either tend to prove or deny7
filiation, the court shall order genetic testing to determine the parentage of the child.8
If the court finds after a contradictory hearing that the child is the genetic child of the9
gestational mother, the court shall issue an order recognizing her as a legal parent of10
the child. If any party refuses to submit to such tests, the court may resolve the11
question of filiation against such party or enforce its order if the rights of others and12
the interests of justice so require.13
§2720.15. Finality; time limitations14
A. A party to the gestational surrogacy contract may bring an action to annul15
a Post-Birth Order. However, except as otherwise provided in this Part, no action16
to annul a Post-Birth Order may be brought except on the grounds of fraud or duress.17
B. An action to annul a Post-Birth Order based upon a claim of fraud or18
duress perpetrated by:19
(1) Anyone other than an intended parent shall be brought within one year20
from the date of the signing of the final decree or mailing of the notice of the21
judgment when required.22
(2) An intended parent shall be brought within two years from the date of the23
signing of the final decree or mailing of the notice of the judgment when required.24
Section 2. R.S. 40:34(B)(1)(a)(viii), (h)(v), (i), and (j) are hereby amended and25
reenacted to read as follows:26
§34. Vital records forms27
* * *28
B. The forms shall be printed and supplied or provided by electronic means29
by the state registrar and the required contents are:30 ENROLLEDHB NO. 187
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(1) Contents of birth certificate. The certificate of birth shall contain, as a1
minimum, the following items:2
(a) Full name of child.3
* * *4
(viii) In the case of a child born of a surrogate birth parent who is related by5
blood or affinity to a biological parent, as a result of an enforceable gestational6
surrogacy contract, as provided in R.S. 9:2720, the surname of the child's biological7
parents shall be the surname of the child.8
* * *9
(h)10
* * *11
(v) In the case of a child born of a surrogate birth parent who is related by12
blood or affinity to a biological parent, as a result of an enforceable gestational13
surrogacy contract, as provided in R.S. 9:2720, the full name of the biological parent14
father who is proven to be the father by DNA testing shall be listed as the father.15
(i) Maiden name of mother; however, if the child was born of a surrogate16
birth parent who is related by blood or affinity to a biological parent, as a result of17
an enforceable gestational surrogacy contract, as provided in R.S. 9:2720, the maiden18
name of the biological parent mother who is proven to be the mother by DNA testing19
shall be listed as the mother and the name of the surrogate birth parent is not20
required.21
(j) In the case of a child born of a surrogate birth parent who is related by22
blood or affinity to a biological parent, as a result of an enforceable gestational23
surrogacy contract, as provided in R.S. 9:2720, the biological parents proven to be24
the mother and father by DNA testing shall be considered the parents of the child.25
Section 3. R.S. 14:286(D) is hereby amended and reenacted and R.S. 14:286(E) is26
hereby enacted to read as follows:27
§286. Sale of minor children and other prohibited activities; penalties28
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D.(1) It shall be unlawful for any person to enter into, induce, arrange,1
procure, knowingly advertise for, or otherwise assist in a gestational surrogacy2
contract, whether written or unwritten, that is not in compliance with the3
requirements provided for in R.S. 9:2718, et seq.4
(2) No person who is a party to, or acting on behalf of the parties to a5
gestational surrogacy contract shall make or agree to make any disbursements in6
connection with the gestational surrogacy contract other than the following:7
(a) Payment of actual medical expenses, including hospital, testing, nursing,8
midwifery, pharmaceutical, travel, or other similar expenses, incurred by the9
gestational mother for prenatal care and those medical and hospital expenses10
incurred incident to birth.11
(b) Payment of actual expenses incurred for mental health counseling12
services provided to the gestational mother prior to the birth and up to six months13
after birth.14
(c) Payment of actual lost wages of the gestational mother, not covered under15
a disability insurance policy, when bed rest has been prescribed for the gestational16
mother for some maternal or fetal complication of pregnancy and the gestational17
mother, who is employed, is unable to work during the prescribed period of bed rest.18
(d) Payment of actual travel costs related to the pregnancy and delivery,19
court costs, and attorney fees incurred by the gestational mother.20
(3) It shall be unlawful for any person to enter into, induce, arrange, procure,21
knowingly advertise for, or otherwise assist in an agreement for genetic surrogacy,22
with or without compensation, whether written or unwritten. For purposes of this23
Section, "genetic surrogacy" and "compensation" shall have the same meaning as24
defined in R.S. 9:2718.25
(4) It shall be unlawful for any person to give or offer payment of money,26
objects, services, or anything of monetary value to induce any gestational mother,27
whether or not she is party to an enforceable or unenforceable agreement for genetic28
surrogacy or gestational surrogacy contract, to consent to an abortion as defined in29
R.S. 40:1299.35.1.30 ENROLLEDHB NO. 187
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D.E. A person convicted of violating any of the provisions of this Section1
shall be punished by a fine not to exceed fifty thousand dollars or imprisonment with2
or without hard labor for not more than ten years, or both.3
Section 4. Part VII of Chapter 2 of Title 40 of the Louisiana Revised Statutes of4
1950, comprised of R.S. 40:93 through 97, is hereby enacted to read as follows:5
PART VII. GESTATIONAL SURROGACY DATA COLLECTION6
§93. Gestational surrogacy data collection; purpose7
The purpose of this Part shall be the compilation of relevant maternal life and8
health factors and data concerning gestational surrogacy to the extent that it is9
authorized by law.10
§94. Forms for collection of data11
The state registrar shall prescribe forms for the collection of information and12
statistics with respect to enforceable gestational surrogacy contracts. Such forms13
shall require but not be limited to the following information:14
(1) The age, marital status, and state and parish of domicile of the gestational15
mother.16
(2) The parish in which the in utero embryo transfer took place.17
(3) The full name and address of the physician or physicians performing or18
attending to the following phases of the gestational surrogacy:19
(a) In utero embryo transfer.20
(b) Prenatal and postnatal care.21
(c) Birth.22
(d) Miscarriage.23
(e) Induced abortion.24
(4) The age, marital status, and state and parish of domicile of the intended25
mother and father.26
(5) The medical reason necessitating the gestational surrogacy.27
(6) The medical procedures employed in the birth, miscarriage, or28
termination of pregnancy for medical emergency as provided by R.S. 40:1299.35.12.29 ENROLLEDHB NO. 187
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(7) The length and weight of the child born as a result of gestational1
surrogacy.2
(8) The length and weight of an unborn child miscarried after the initiation3
of a gestational surrogacy.4
(9) Other significant conditions or health complications of the unborn child5
and gestational mother.6
(10) The results of pathological examinations of any unborn child who died7
as a result of pregnancy complications or termination incidental to a gestational8
surrogacy.9
§95. Completion of forms; filing with vital records registry10
The physician performing the in utero embryo transfer or termination of the11
pregnancy by birth, miscarriage, or abortion shall provide the information required12
by the provisions of R.S. 40:94. Such completed forms shall be transmitted by the13
physician to the vital records registry within fifteen days of the performance of the14
medical procedures.15
§96. Failure to complete form; penalty16
The Department of Health and Hospitals shall promulgate by rule the penalty17
for the failure to complete the forms as provided in R.S. 40:95.18
§97. Confidentiality19
The vital statistics records required by this Part and the identities of the20
parties to a gestational surrogacy contract shall be confidential and shall not be21
subject to disclosure, release, or inspection except upon application to a competent22
court and in conformity with the applicable requirements of confidentiality23
applicable to adoptions in the Children's Code. The reporting of the data for public24
health purposes shall redact any identifying information and any public report shall25
indicate patient numbers as assigned pursuant to rules promulgated by the26
Department of Health and Hospitals.27
Section 5. R.S. 44:4.1(B)(26) is hereby amended and reenacted to read as follows:28
§4.1. Exceptions29
* * *30 ENROLLEDHB NO. 187
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are additions.
B. The legislature further recognizes that there exist exceptions, exemptions,1
and limitations to the laws pertaining to public records throughout the revised2
statutes and codes of this state. Therefore, the following exceptions, exemptions, and3
limitations are hereby continued in effect by incorporation into this Chapter by4
citation:5
* * *6
(26) R.S. 40:3.1, 31.14, 31.27, 39.1, 41, 73, 94, 95, 526, 528, 1007, 1098.8,7
1232.7, 1299.6, 1299.35.10, 1299.44, 1299.85, 1299.87, 1300.14, 1300.54,8
1379.1.1(D), 1379.3, 2009.8, 2009.14, 2010.5, 2017.9, 2018, 2019, 2020, 2106,9
2109.1, 2138, 2532, 2845.110
* * *11
Section 6. R.S. 9:2713 is hereby repealed in its entirety.12
Section 7. The provisions of Section 3 of this Act shall not apply to contracts entered13
into prior to the effective date of this Act.14
Section 8. The Louisiana State Law Institute is hereby directed to prepare comments15
to the provisions of this Act.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: