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 126 Original 2019 Regular Session Moss
Abstract: Provides relative to the mandatory reporting by healthcare providers of gunshot wounds
and certain other life-threatening injuries presented for treatment at a healthcare facility.
Present law provides that in every case of a gunshot wound or injury presented for treatment to a
medical professional, practitioner, or associated person, that professional, practitioner, or associated
person shall make an oral notification to either the sheriff of the parish in which the wounded person
was presented for treatment, or the chief or superintendent of police in the municipality in which the
wounded person was presented for treatment immediately after complying with all applicable state
and federal laws, rules, and regulations related to the treatment of emergencies and before the
wounded person is released from the hospital. Present law requires that written notation of this
action shall be made on the emergency record.
Present law further provides that any person who fails to file a report, or knowingly files a false
report, under present law shall be fined not more than $500 or imprisoned for not more than six
months, or both.
Proposed law does all of the following:
(1)Expands present law to require the reporting of gunshot wounds and other life-threatening
injuries that are reasonably believed to be caused by an act of violence.
(2)Amends present law to provide that the required report shall be made by any physician,
nurse, other healthcare provider, or any employee of the hospital, sanitarium, medical clinic,
or other healthcare facility where the person is treated or has requested treatment.
(3)Amends present law to provide that the report shall be made to the law enforcement agency
having jurisdiction in the place where the person is being treated or has requested treatment.
(4)Removes the present law requirement that the report be made after compliance with all
applicable state and federal laws, rules, and regulations related to the treatment of
emergencies.
(5)Retains the present law penalties and the requirement that a written notation of the report be
made in the emergency record.
(Amends R.S. 14:403.5(A), (B), and (E))