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Regular Session, 2014
HOUSE BILL NO. 693
BY REPRESENTATIVE BROSSETT
ETHICS/NEPOTISM: Provides relative to nepotism exceptions involving certain health
professionals
AN ACT1
To amend and reenact R.S. 42:1119(B)(2)(b), relative to nepotism; to remove certain2
restrictions relative to contracting with and employment of immediate family3
members by hospital service districts and hospital public trust authorities; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:1119(B)(2)(b) is hereby amended and reenacted to read as7
follows:8
§1119. Nepotism9
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B.11
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(2) Notwithstanding the provisions of Paragraph (1) of this Subsection:13
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(b)(i) Any hospital service district with a population of one hundred15
thousand persons or less as of the most recent federal decennial census or hospital16
public trust authority located in such a district may enter into an initial recruiting17
contract with or employ as a health care provider, a licensed physician, a registered18
nurse, or an allied health professional who is a member of the immediate family of19
any district board, authority, or parish governing authority member or of the chief20 HLS 14RS-1436 ORIGINAL
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executive of the district or authority provided that such family member is the only1
qualified applicant who has applied for the position after it has been advertised for2
at least thirty days in the official journal of the parish and in all newspapers of3
general circulation in the parish where the hospital is located. The chief executive4
and any member of a board of a hospital service district or hospital public trust5
authority which enters into an initial recruiting contract with or employs such6
physician, registered nurse, or allied health professional shall recuse himself from7
any decision involving the promotion, discipline, discharge, or assignment of any8
such employee who is a member of his immediate family.9
(ii) Any hospital service district in a parish with a population of between four10
hundred thousand and four hundred forty thousand persons as of the most recent11
federal decennial census or hospital public trust authority located in such a district12
may enter into an initial recruiting contract with or employ as a health care provider,13
a licensed physician, a registered nurse, or an allied health professional who is a14
member of the immediate family of any district board, authority, or parish governing15
authority member or of the chief executive of the district or authority provided that16
such family member is a qualified applicant who has applied for the position after17
it has been advertised for at least thirty days in the official journal of the parish and18
in all newspapers of general circulation in the parish where the hospital is located.19
The chief executive and any member of a board of a hospital service district or20
hospital public trust authority which enters into an initial recruiting contract with or21
employs such physician, registered nurse, or allied health professional shall recuse22
himself from any decision involving the promotion, discipline, discharge, or23
assignment of any such employee who is a member of his immediate family.24
(iii) (ii) In addition, no later than January thirtieth of each year, any chief25
executive and any member of a board of a hospital service district or hospital public26
trust authority whose immediate family member enters into an initial recruiting27
contract with or is employed by the hospital service district or hospital public trust28
authority pursuant to this Subparagraph shall file a disclosure statement with the29 HLS 14RS-1436 ORIGINAL
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Board of Ethics stating the facts of such employmen t. Any person who fails to1
timely file a disclosure statement under this Item may be assessed a late fee of fifty2
dollars per day, not to exceed one thousand five hundred dollars, subject to the3
provisions of R.S. 42:1157.2.4
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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)]
Brossett HB No. 693
Abstract: Removes certain restrictions relative to contracting with and employment of
immediate family members by hospital service districts and hospital public trust
authorities.
Present law (ethics code – R.S. 42:1119), relative to nepotism, prohibits employment of an
immediate family member of a member of the governing authority or the chief executive of
a governmental entity by the governmental entity.
Present law provides an exception that authorizes a hospital service district with a population
of 100,000 persons or less as of the most recent federal decennial census or hospital public
trust authority located in such a district to enter into an initial recruiting contract with or
employ as a health care provider, a licensed physician, a registered nurse, or an allied health
professional who is a member of the immediate family of any district board, authority, or
parish governing authority member or of the chief executive of the district or authority
provided that such family member is the only qualified applicant who has applied for the
position after it has been advertised for at least 30 days in the official journal of the parish
and in all newspapers of general circulation in the parish where the hospital is located.
Provides that the chief executive and any member of a board of a hospital service district or
hospital public trust authority which enters into an initial recruiting contract with or employs
such physician, registered nurse, or allied health professional shall recuse himself from any
decision involving the promotion, discipline, discharge, or assignment of any such employee
who is a member of his immediate family.
Proposed law repeals present law exception.
Present law provides an additional exception that authorizes a hospital service district in a
parish with a population of between 400,000 and 440,000 persons as of the most recent
federal decennial census or hospital public trust authority located in such a district to enter
into an initial recruiting contract with or employ as a health care provider, a licensed
physician, a registered nurse, or an allied health professional who is a member of the
immediate family of any district board, authority, or parish governing authority member or
of the chief executive of the district or authority provided that such family member is a
qualified applicant who has applied for the position after it has been advertised for at least
30 days in the official journal of the parish and in all newspapers of general circulation in
the parish where the hospital is located. Requires the chief executive and any member of a
board of a hospital service district or hospital public trust authority which enters into an
initial recruiting contract with or employs such physician, registered nurse, or allied health
professional to recuse himself from any decision involving the promotion, discipline,
discharge, or assignment of any such employee who is a member of his immediate family. HLS 14RS-1436 ORIGINAL
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Proposed law removes the population limit on this exception thereby making it apply
statewide. Otherwise retains present law.
Present law provides that no later than Jan. 30th of each year, any chief executive and any
member of a board of a hospital service district or hospital public trust authority whose
immediate family member enters into an initial recruiting contract with or is employed by
the hospital service district or hospital public trust authority pursuant to present law shall file
a disclosure statement with the Board of Ethics stating the facts of such employment.
Provides that any person who fails to timely file a disclosure statement may be assessed a
late fee of $50 per day, not to exceed $1,500, subject to the provisions of present law (R.S.
42:1157.2).
Proposed law retains present law.
(Amends R.S. 42:1119(B)(2)(b))