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 Reengrossed 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.
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.
Senate Floor Amendments to engrossed bill
1. Make technical changes.