HLS 16RS-1980 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 1071
BY REPRESENTATIVE JONES
HEALTH: Creates the office of state surgeon general
1 AN ACT
2To amend and reenact R.S. 36:251(C)(1), 252, and 258(G) through (L) and to enact R.S.
3 36:253.1 and 258(E), relative to the state surgeon general; to authorize the position
4 of state surgeon general; to establish the office of state surgeon general; to provide
5 for the qualifications and duties of the state surgeon general; to remove outdated
6 references in existing law provisions; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 36:251(C)(1), 252, and 258(G) through (L) are hereby amended and
9reenacted and R.S. 36:253.1 and 258(E) are hereby enacted to read as follows:
10 §251. Department of Health and Hospitals; creation; domicile; composition;
11 purpose and functions
12 * * *
13 C.(1) The Department of Health and Hospitals shall be composed of the
14 executive office of the secretary, the office of the state surgeon general, the office
15 of management and finance, the office of public health, the office of behavioral
16 health, the office for citizens with developmental disabilities, the office of aging and
17 adult services, and such other offices as shall be created by law.
18 * * *
19 §252. Officers of the department; compensation for one office only
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HB NO. 1071
1 A. The officers of the department shall be the secretary, the state surgeon
2 general, the undersecretary, the deputy secretary if a deputy secretary is appointed,
3 and assistant secretaries, each of whom shall be selected and shall perform functions
4 as provided in this Title.
5 B. No person serving as a secretary, state surgeon general, deputy secretary,
6 undersecretary, or assistant secretary shall receive any additional salary from the
7 state other than that salary which he receives by virtue of serving in any one of such
8 offices. Any statewide elected official appointed to serve as a secretary, deputy
9 secretary, undersecretary, or assistant secretary shall not receive any additional
10 salary from the state other than that salary which he receives as a statewide elected
11 official.
12 C. Notwithstanding any provision herein to the contrary, subject to approval
13 of the governor, any person, including any statewide elected official, serving or
14 appointed to serve as a secretary, state surgeon general, undersecretary, deputy
15 secretary, or assistant secretary may receive additional compensation for part-time
16 services rendered as an instructor in postsecondary educational institutions, or as a
17 member of the National Guard.
18 * * *
19 §253.1. State surgeon general; qualifications; appointment; powers and duties
20 A. There shall be a state surgeon general, who shall be a physician who
21 possesses an unrestricted license to engage in the practice of medicine in the state of
22 Louisiana and who shall act as the state medical advisor, public health advocate, and
23 health strategist. The state surgeon general shall be appointed by the governor with
24 consent of the Senate and shall serve at the pleasure of the governor at a salary fixed
25 by the governor, which salary shall not exceed the amount approved for such
26 position by the legislature while in session.
27 B. The state surgeon general shall serve as the leading voice on wellness and
28 disease-prevention efforts including the promotion of healthful lifestyles,
29 immunization practices, health literacy, and the assessment and promotion of the
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1 physician and healthcare workforce in order to meet the healthcare needs of the state
2 of Louisiana. The state surgeon general shall focus on advocating healthy lifestyles,
3 developing public health policy, and building collaborative partnerships with
4 schools, businesses, healthcare practitioners, community-based organizations, and
5 public and private institutions in order to promote health literacy and optimum
6 quality of life for all residents of Louisiana.
7 C. The state surgeon shall exercise his general powers, duties, functions, and
8 responsibilities independently of the secretary, the undersecretary, and any assistant
9 secretary and shall be under the general control and supervision of the governor.
10 * * *
11 §258. Offices; purposes and functions
12 * * *
13 E. The office of the state surgeon general shall be responsible for supporting
14 the state surgeon general in the fulfillment of his general powers, duties, functions,
15 and responsibilities as provided for in R.S. 36:253.1.
16 * * *
17 G. Notwithstanding the provisions of Subsections C, D, and E C and D of
18 this Section, the Jefferson Parish Human Services Authority shall be responsible for
19 and shall perform the functions relative to the operation and management of mental
20 health, developmental disabilities, and substance abuse services for Jefferson Parish
21 only, and the department shall not be responsible for nor perform such functions
22 unless the contract between the department and the authority has been terminated
23 pursuant to R.S. 28:919(H).
24 H. Notwithstanding the provisions of Subsections C, D, and E C and D of
25 this Section, the Capital Area Human Services District shall be responsible for and
26 shall perform the functions relative to the operation and management of community-
27 based mental health, developmental disabilities, substance abuse services, and
28 certain community-based public health services for the parishes of Ascension, East
29 Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West
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1 Feliciana only unless the contract between the department and the authority has been
2 terminated pursuant to R.S. 28:919(H).
3 I. Notwithstanding the provisions of Subsections C, D, and E C and D of this
4 Section, the Florida Parishes Human Services Authority shall be responsible for and
5 shall perform the functions relative to the operation and management of mental
6 health, developmental disabilities, and addictive disorder services for the parishes
7 of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington, and the
8 department shall not be responsible for nor perform such functions unless the
9 contract between the department and the authority has been terminated pursuant to
10 R.S. 28:919(H).
11 J. Notwithstanding the provisions of Subsections C, D, and E C and D of this
12 Section, the South Central Louisiana Human Services District shall be responsible
13 for and shall perform the functions relative to the operation and management of
14 mental health, developmental disabilities, and addictive disorder services for the
15 parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St.
16 Mary, and Terrebonne, and the department shall not be responsible for nor perform
17 such functions unless the contract between the department and the authority has been
18 terminated pursuant to R.S. 28:919(H).
19 K. Notwithstanding the provisions of Subsections C, D, and E C and D of
20 this Section, the Metropolitan Human Services District shall be responsible for and
21 shall perform the functions relative to the operation and management of mental
22 health, developmental disabilities, and addictive disorder services for the parishes
23 of Orleans, St. Bernard, and Plaquemines, and the department shall not be
24 responsible for nor perform such functions unless the contract between the
25 department and the authority has been terminated pursuant to R.S. 28:919(H).
26 L. Notwithstanding the provisions of Subsections C, D, and E C and D of
27 this Section, the Northeast Delta Human Services Authority shall be responsible for
28 and shall perform the functions relative to the operation and management of mental
29 health, developmental disabilities, and addictive disorder services for the parishes
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1 of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse,
2 Ouachita, Richland, Tensas, Union, and West Carroll, and the department shall not
3 be responsible for nor perform such functions unless the contract between the
4 department and the authority has been terminated pursuant to R.S. 28:919(H).
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)]
HB 1071 Original 2016 Regular Session Jones
Abstract: Creates the office of state surgeon general.
Present law establishes the Dept. of Health and Hospitals (DHH) composed of the executive
office of the secretary, the office of management and finance, the office of public health, the
office of behavioral health, the office for citizens with developmental disabilities, the office
of aging and adult services, and such other offices as shall be created by law.
Proposed law retains present law and adds the office of the state surgeon general to support
the state surgeon general in the fulfillment of his general powers, duties, functions, and
responsibilities as provided for in proposed law.
Present law establishes the officers of DHH as the secretary, the undersecretary, the deputy
secretary, and assistant secretaries.
Proposed law retains present law and adds the position of state surgeon general to act as the
state medical advisor, public health advocate, and health strategist. Proposed law requires
the state surgeon general to be a physician who possesses an unrestricted license to engage
in the practice of medicine in La.
Proposed law provides that the state surgeon general shall be appointed by the governor with
consent of the Senate and shall serve at the pleasure of the governor at a salary fixed by the
governor, not to exceed the amount approved for such position by the legislature while in
session.
Proposed law establishes the following duties for the state surgeon general:
(1)Serve as the leading voice on wellness and disease-prevention efforts including the
promotion of healthful lifestyles, immunization practices, health literacy, and the
assessment and promotion of the physician and healthcare workforce in order to meet
the healthcare needs of La.
(2)Focus on advocating healthy lifestyles, developing public health policy, and building
collaborative partnerships with schools, businesses, healthcare practitioners,
community-based organizations, and public and private institutions in order to
promote health literacy and optimum quality of life for all residents of La.
Proposed law provides that the state surgeon shall function independently of the officers of
DHH and shall be under the general control and supervision of the governor.
Present law provides for the duties of the human services districts and human services
authorities.
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HB NO. 1071
Proposed law retains present law but makes technical changes to remove outdated references
in present law.
(Amends R.S. 36:251(C)(1), 252, and 258(G)-(L); Adds R.S. 36:253.1 and 258(E))
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