The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 483 Original 2018 Regular Session Mizell
Present law relative to evidence and confidentiality of certain information provides for legislative
findings that health care provider professionals and their insurers have risk management information
that would facilitate identification of an underlying cause of an unanticipated, adverse patient
outcome or a professional liability insurance loss. Present law provides that the purpose of present
law is to encourage the use of risk management information to conduct studies, review data, and
promote practice changes for the purpose of improving patient health care quality or reducing
professional liability insurance claims.
Proposed law provides that the legislature finds and declares that early learning centers and their
liability insurers may have video recordings which would facilitate risk management through the
identification and reduction of potential risks, reduction of potentially adverse outcomes, and the
reduction of liability losses.
Proposed law provides that the purpose of proposed law is to encourage owners of early learning
centers to use video recordings to conduct studies, review data, train staff, and promote practical
changes for the purpose of improving early learning centers, promoting staffing excellence, and
reducing professional liability claims.
Proposed law provides that information in the form of video recordings created, generated, or
compiled by an early learning center to be used as a management tool to identify and remedy
potential problems, to facilitate staff training, or for utilization in risk management will be deemed
confidential and will only be produced or released in either of the following circumstances:
(1)Released to the parent of a child who requests the information contained in the video
recordings.
(2)Released pursuant to a search warrant or court order in connection with a lawsuit or other
judicial proceeding.
Proposed law provides that, except in cases where a court order or search warrant is obtained, any
department, office, division, agency, commission, board, committee, or other organizational unit of
the state or local government requiring production or admissibility of any video recordings will be
deemed to cause irreparable injury by deterring the future use of video recordings at the early
learning center and at all other early learning centers across La.
Proposed law provides that when a department, office, division, agency, commission, board,
committee, or other organizational unit of the state or local government issues any directive or
requirement that any early learning center produce a video recording, except when a court order or search warrant has been obtained, the early learning center may obtain a protective order to enforce
the provisions of proposed law in a court of competent jurisdiction. Venue will be in the judicial
district where the early learning center is located or domiciled or where the defendant is domiciled.
Effective August 1, 2018.
(Adds R.S. 13:3715.4.1)