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 145 Engrossed 2018 Regular Session Cox
Abstract: Provides limitations on diagnosing of factitious disorder imposed on another (formerly
known as "Munchausen syndrome by proxy"), and on circumstances in which state child
welfare proceedings (child in need of care proceedings) may be initiated.
Proposed law prohibits physicians and other health care providers from diagnosing the condition of
factitious disorder imposed on another, formerly known as "Munchausen syndrome by proxy", unless
they meet all of the following criteria:
(1)They are licensed as a health care provider in this state.
(2)They are qualified by licensure and professional training to diagnose mental health
conditions.
(3)They have conducted a bona fide evaluation of the person being diagnosed.
Proposed law provides that "bona fide evaluation", for purposes of proposed law, means all of the
following actions have occurred:
(1)The health care provider has reviewed the relevant clinical records of the individual and the
purported victim and has completed a full assessment of the individual's clinical history and
current clinical condition.
(2)The health care provider has performed an in-person clinical evaluation of the individual
which includes a clinical interview and behavioral observation.
(3)The health care provider has created and maintained a record of the condition of the
individual in accordance with clinically accepted standards to support a mental health
diagnosis.
Present law, Ch.C. Art. 601 et seq., provides for actions known as "child in need of care
proceedings" which are brought by the state to protect children who are abused, neglected,
abandoned, or endangered, and can result in a termination of parental rights and a complete and
permanent separation of the parent from the child.
Proposed law retains present law and adds thereto provisions stipulating that a diagnosis of factitious
disorder imposed on another shall not constitute grounds for a determination that a child is in need of care unless that diagnosis is made in accordance with proposed law.
(Adds R.S. 37:1745.2 and Ch.C. Art. 606(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Delete from proposed law the defined term "bona fide provider-patient relationship" and
its corresponding definition and insert in lieu thereof the term "bona fide evaluation".
2. Revise proposed law providing that a diagnosis of factitious disorder imposed on another
shall not constitute grounds for an allegation that a child is in need of care to provide
instead that the diagnosis shall not constitute grounds for a determination that a child is
in need of care.