DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Armes HB No. 256
Abstract: Creates the crime of battery of emergency room personnel, emergency services
personnel, or a healthcare professional and provides penalties for the commission of the
offense.
Proposed law creates the crime of battery of emergency room personnel, emergency services
personnel, or a healthcare professional and defines the offense as a battery committed without the
consent of the victim when the offender has reasonable grounds to believe the victim is
emergency room personnel, emergency services personnel, or a healthcare professional acting in
the performance of employment duties.
Proposed law provides for the following definitions:
(1)"Emergency room personnel" means a person in a hospital emergency department who, in
the course and scope of his employment or as a volunteer, provides services for the
benefit of the general public during emergency situations.
(2)"Emergency services personnel" means all persons defined as "emergency medical
services personnel" by R.S. 40:1300.103 and all persons defined as "emergency medical
services practitioners" by R.S. 40:1231.
(3)"Healthcare professional" means a person licensed or certified by this state to provide
health care or professional services as a physician, dentist, registered or licensed practical
nurse or certified nurse assistant, certified emergency medical technician, paramedic,
certified registered nurse anesthetist, nurse practitioner, respiratory therapist, clinical
nurse specialist, pharmacist, optometrist, podiatrist, chiropractor, physical therapist,
occupational therapist, licensed radiologic technologist, licensed clinical laboratory
scientist, or psychologist.
Proposed law provides for the following penalties:
(1)A fine of not more than $1,000, imprisonment for not less than 15 days nor more than six
months, or both.
(2)If the battery produces an injury which requires medical attention - A fine of not more
than $5,000, imprisonment with or without hard labor for not less than one year nor more
than five years, or both. (Adds R.S. 14:34.5.2)