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2020 Second Extraordinary Session
SENATE BILL NO. 12
BY SENATOR ROBERT MILLS AND REPRESENTATIVE EDMONDS
HEALTH CARE. Provides access for patients of hospitals and residents of nursing homes,
assisted living facilities, and other adult residential care homes to members of the clergy who
volunteer to minister and provide religious sacraments and services, counseling, and mental
health support during COVID-19 and other public health emergencies. (gov sig) (Item #28)
1 AN ACT
2 To amend and reenact R.S. 29:770(B) and 771(B)(2)(c) and to enact R.S. 40:2005.1, relative
3 to a state of public health emergency; to require hospitals, nursing homes, and adult
4 residential care homes to provide patient or resident access to members of the clergy
5 during a state of public health emergency for COVID-19 or other contagious or
6 infectious diseases; to require the Department of Health to promulgate rules; to
7 provide for rules for members of the clergy who voluntarily enter inpatient health
8 care facilities to minister; to provide for definitions; to provide for licensed
9 professional counselors; to provide for emotional and spiritual support from clergy;
10 to provide for legislative purpose; to provide for restrictions; to provide for immunity
11 from liability for hospitals, nursing homes, and adult residential care homes; and to
12 provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 29:770(B) and 771(B)(2)(c) are hereby amended and reenacted to
15 read as follows:
16 §770. Public information regarding a public health emergency; access to mental
17 health support personnel; access to members of the clergy
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1 * * *
2 B. Access to mental health support personnel.
3 (1) During a declaration of a state of public health emergency, the secretary
4 of the Louisiana Department of Health or his designee shall provide information
5 about and referrals to mental health support personnel to address psychological
6 responses to the public health emergency. The information provided may include
7 the availability of no-cost or reduced-cost counseling or mental health support
8 services from licensed mental health professionals offered by religious
9 organizations or other nonprofit organizations. The information provided may
10 also include no-cost emotional or spiritual support offered by clergy.
11 (2) After a declaration of a state of public health emergency, the secretary of
12 the Louisiana Department of Health or his designee shall provide information about
13 and referrals to mental health support personnel to address psychological responses
14 to the public health emergency. The information provided may include the
15 availability of no-cost or reduced-cost counseling or mental health support
16 services from licensed mental health professionals offered by religious
17 organizations or other nonprofit organizations. The information provided may
18 also include no-costs emotional or spiritual support offered by clergy.
19 §771. Miscellaneous
20 * * *
21 B. Liability.
22 * * *
23 (2) Private liability.
24 * * *
25 (c)(i) During a state of public health emergency, any no health care providers
26 provider shall not be civilly liable for causing the death of, or, injury to, any person
27 or damage to any property except in the event of gross negligence or willful
28 misconduct.
29 (ii) During a state of public health emergency, which is declared to
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1 combat COVID-19 or any other contagious disease or infectious disease, no
2 inpatient health care facility shall be liable to a member of the clergy for any
3 civil damages for injury or death resulting from or related to actual or alleged
4 exposure during the course of, or through the performance of, allowing access
5 to a member of the clergy in compliance with R.S. 29:770(C) unless the inpatient
6 health care facility failed to substantially comply with the applicable procedures
7 established by the Department of Health that govern the inpatient health care
8 facility operations and the injury or death was caused by the inpatient health
9 care facility's gross negligence or wanton or reckless misconduct.
10 * * *
11 Section 2. R.S. 40:2005.1 is hereby enacted to read as follows:
12 §2005.1. Visitation by members of clergy during a declared public health
13 emergency
14 A. The legislature declares that the purpose of this Section is to protect
15 the religious liberty of each patient or resident and to protect inpatient health
16 care facilities from costly lawsuits and administrative complaints on the basis
17 of religious discrimination by affording patient or resident access to members
18 of the clergy provided that those members of the clergy enter the inpatient
19 health care facility on a voluntary basis and comply with the safety
20 requirements of the facility in order to visit and minister to the patient or
21 resident.
22 B.(1) The Louisiana Department of Health shall promulgate rules,
23 pursuant to the Administrative Procedure Act, to require inpatient health care
24 facilities to allow members of the clergy to visit patients or residents during a
25 public health emergency whenever a patient or resident requests such a visit.
26 Special consideration shall be given to patients or residents receiving end-of-life
27 care.
28 (2)(a) The rules shall include but not be limited to definitions, minimum
29 requirements, and provisions to protect the health, safety, and welfare of the
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1 patients or residents and the staff of the inpatient health care facility.
2 (b) The rules shall allow inpatient health care facilities to adopt
3 reasonable time, place, and manner restrictions on patient or resident visitation
4 that are implemented for the purpose of mitigating the possibility of
5 transmission of any infectious agent or disease or to address the medical
6 condition or clinical considerations of an individual patient.
7 (3) The rules promulgated pursuant to this Section shall be preempted
8 by any federal statute, federal regulation, or guidance from a federal
9 government agency that requires an inpatient health care facility to restrict
10 patient visitation in a manner that is more restrictive than the rules adopted by
11 the department pursuant to this Section.
12 C. For purposes of this Section, the following definitions shall apply:
13 (a) "Inpatient health care facilities"means all of the following:
14 (i) A hospital licensed pursuant to Part II of Chapter 11 of Title 40 of the
15 Louisiana Revised Statutes of 1950 but shall not include a licensed hospital that
16 is designated as a forensic facility.
17 (ii) A nursing home, as defined in R.S. 40:2009.2.
18 (iii) An adult residential care home, as defined in R.S. 40:2166.3,
19 including but not limited to assisted living facilities.
20 (b) "Patient or resident" means the patient or resident of the inpatient
21 health care facility or the legal or designated representative of the patient or
22 resident.
23 (c) "Public health emergency" means a state of public health emergency
24 that is declared pursuant to the Louisiana Health Emergency Powers Act, R.S.
25 29:760 et seq.
26 Section 3. Nothing in this Act shall be interpreted to prohibit or restrict any inpatient
27 health care facility from allowing clergy to visit or minister to patients or residents in a
28 manner deemed appropriate by the inpatient health care facility prior to the effective date
29 of the rules which are to be implemented by the Louisiana Department of Health pursuant
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1 to this Act.
2 Section 4. This Act shall become effective upon signature by the governor or, if not
3 signed by the governor, upon expiration of the time for bills to become law without signature
4 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
5 vetoed by the governor and subsequently approved by the legislature, this Act shall become
6 effective on the day following such approval.
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Brandi Cannon.
DIGEST
SB 12 Engrossed 2020 Second Extraordinary Session Robert Mills
Present law (R.S. 29:760-772) provides for the La. Health Emergency Powers Act, which
allows the governor to issue an executive order or proclamation declaring a public health
emergency, following consultation with the La. Dept. of Health (LDH), if he finds a public
health emergency has occurred or the threat thereof is imminent.
Present law provides that, during and after a declaration of a state of public health
emergency, the LDH secretary or his designee will provide information about and referrals
to mental health support personnel to address psychological responses to the public health
emergency.
Proposed law retains present law and further provides that LDH may include the availability
of no-cost or reduced-cost counseling or mental health support services from licensed mental
health professionals offered by religious organizations or other nonprofit organizations and
no-cost emotional or spiritual support offered by clergy.
Present law provides that, during a state of public health emergency, a health care provider
shall not be civilly liable for causing the death of, or, injury to, any person or damage to any
property except in the event of gross negligence or willful misconduct.
Proposed law retains present law and provides that, during a state of public health
emergency which is declared to combat COVID-19 or any other contagious or infectious
disease, no inpatient health care facility will be liable to a member of the clergy who visits
the inpatient health care facility for any civil damages for injury or death resulting from an
actual or alleged exposure to COVID-19 or any other contagious or infectious disease.
Further provides that this limitation on liability will not apply to a facility that fails to
substantially comply with the applicable procedures established by LDH that governs the
health care facility operations and the injury or death was caused by the health care facility's
gross negligence or wanton or reckless misconduct.
Proposed law provides that LDH shall promulgate rules to require inpatient health care
facilities to allow members of the clergy to visit patients or residents during a public health
emergency whenever a patient or resident requests such a visit. The rules must include
definitions, minimum requirements, and provisions to protect the health, safety, and welfare
of the patients or residents and the staff of the inpatient health care facility. Further provides
that the rules shall be preempted by any federal statute, federal regulation, or guidance from
a federal government agency that requires an inpatient health care facility to restrict patient
visitation in a manner that is more restrictive.
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Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 29:770(B) and 771(B)(2)(c); adds R.S. 40:2005.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Deletes proposed law requiring physical access for clergy pursuant to the
Louisiana Health Emergency Powers Act.
2. Requires rulemaking by LDH to provide for physical access for clergy during
a public health emergency.
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