Louisiana 2018 2018 Regular Session

Louisiana House Bill HB158 Comm Sub / Analysis

                    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 158 Engrossed	2018 Regular Session	Foil
Abstract:  Expands list of parishes to all in Louisiana that require notification to the coroner when
a second physician's emergency certificate is executed following a patient's transfer from one
parish to another. Adds that physicians issuing emergency certificates must be licensed or
permitted by the Louisiana State Board of Medical Examiners.
Present law allows the admission and detention of a person to a treatment facility for observation and
diagnosis by emergency certificate if the person is mentally ill or is suffering from substance abuse.
However, treatment shall not exceed fifteen days under an emergency certificate.
Proposed law retains present law.
Present law, in the parishes of East Baton Rouge, Jefferson, Orleans, and Ouachita, requires that the
coroner be notified when a patient is transferred from one parish to another and a second physician's
emergency certificate is executed.  Further requires the coroner to conduct an independent
examination in such cases.
Proposed law maintains present law but expands present law to include all parishes of Louisiana. 
Present law also contains requirements specific to St. Tammany Parish. 
Proposed law retains present law.
Present law provides that any physician may execute an emergency certificate only after a thorough
examination.
Proposed law requires that the physician executing the emergency certificate be licensed or permitted
by the Louisiana State Board of Medical Examiners.
Present law provides for liability and the standard of care for licensed physicians executing
emergency certificates.
Proposed law requires that the physicians covered by liability and exercising the  standard of care
required for emergency certificates, be licensed or permitted by the Louisiana State Board of Medical
Examiners.
(Amends R.S. 28:53(B)(1) and (G)(8) and 63(A)(1) and (B)) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Require physicians issuing emergency certificates to be licensed and permitted by the
Louisiana State Board of Medical Examiners.
2. Require physicians covered by liability and exercising the  standard of care required for
emergency certificates, be licensed or permitted by the Louisiana State Board of Medical
Examiners.
3. Make technical changes.