SLS 18RS-1094 ORIGINAL
2018 Regular Session
SENATE BILL NO. 483
BY SENATOR MIZELL
EVIDENCE. To provide for the confidentiality of certain risk management information in
early learning centers. (8/1/18)
1 AN ACT
2 To enact R.S. 13:3715.4.1, relative to evidence; to provide relative to early learning centers;
3 to provide relative to confidentiality of certain information; to provide for legislative
4 findings; to provide certain terms, conditions, procedures, exceptions, and
5 requirements; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:3715.4.1 is hereby enacted to read as follows:
8 ยง3715.4.1. Confidentiality of risk management information related to early
9 learning centers
10 A.(1) The legislature finds and declares that early learning centers
11 licensed pursuant to R.S. 17:407.34 and their liability insurers may have video
12 recordings which would facilitate risk management through the identification
13 and reduction of potential risks, reduction of potentially adverse outcomes, and
14 the reduction of liability losses.
15 (2) The purpose of this Section is to encourage owners of early learning
16 centers to use video recordings to conduct studies, review data, train staff, and
17 promote practical changes for the purpose of improving early learning centers,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 483
SLS 18RS-1094 ORIGINAL
1 promoting staffing excellence, and reducing professional liability claims.
2 B. Information in the form of video recordings created, generated, or
3 compiled by an early learning center to be used as a management tool to
4 identify and remedy potential problems, facilitate staff training, or for
5 utilization in risk management, shall be deemed confidential and shall be
6 produced or released only in either of the following circumstances:
7 (1) Released to the parent of a child who requests the information
8 contained in the video recordings.
9 (2) Released pursuant to a search warrant or court order in connection
10 with a lawsuit or other judicial proceeding.
11 C. Except as provided in Subsection B of this Section, any department,
12 office, division, agency, commission, board, committee, or other organizational
13 unit of the state or local government requiring production or admissibility of
14 any video recordings shall be deemed to cause irreparable injury by deterring
15 the future use of video recordings at the early learning center and at all other
16 early learning centers across Louisiana.
17 D. When a department, office, division, agency, commission, board,
18 committee, or other organizational unit of the state or local government issues
19 any directive or requirement that any early learning center produce a video
20 recording, except as provided in Subsection B of this Section, the early learning
21 center may obtain a protective order to enforce the provisions of this Section in
22 a court of competent jurisdiction. Venue shall be in the judicial district where
23 the early learning center is located or domiciled or where the defendant is
24 domiciled.
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
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 483
SLS 18RS-1094 ORIGINAL
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)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.