The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 36 Engrossed 2016 Regular Session Gatti
Proposed law provides that it in addition to the definition of malpractice in present law, it shall also
be considered malpractice if a health care provider misrepresents his education, training or
experience in a particular specialty of medicine or with a particular surgery or procedure.
Proposed law adds provisions to the limitation of recovery section of present law to include any
health care provider who misrepresents his education training or experience in a particular specialty
of medicine or with a particular surgery or procedure is not subject to the medical malpractice
liability limitation.
Proposed law adds provisions to the limitation of recovery section of present law to include any
health care provider who knowingly grants privileges to, advertises for or profits from another health
care provider’s misrepresentation of his education, training or experience and makes the two
solidarily liable is not subject to the medical malpractice liability limitation.
Proposed law establishes a process to present law for the medial review panel to review and issue
an opinion on a claimant’s allegation that a health care provider misrepresented his education,
training or experience in a particular specialty of medicine or with a particular surgery or procedure.
Effective August 1, 2016.
(Amends R.S. 40:1231.1(A)(13), 1231.2(B)(2), and 1231.8(A)(1)(b), (G), and (N)(6))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill
1. Revises definition of "malpractice" to include when a health care provider
misrepresents his education, training or experience in a particular specialty of
medicine or with a particular surgery or procedure.
2. Includes provisions that when a health care provider misrepresents his education
training or experience in a particular specialty of medicine or with a particular
surgery or procedure he is not subject to the medical malpractice liability limitation.
3. Includes provisions that any health care provider who knowingly grants privileges to,
advertises for or profits from another health care provider’s misrepresentation of his education, training or experience is not subject to the medical malpractice liability
limitation and makes the two solidarily liable.
4. Includes process for the medical review panel to review and issue an opinion on a
claimant’s allegation that a health care provider misrepresented his education,
training or experience in a particular specialty of medicine or with a particular
surgery or procedure.
5. Makes technical corrections.