RDCSB12 2709 650
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)]
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 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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Senate Floor Amendments to engrossed bill
1. Make technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the reengrossed bill:
1. Make technical changes.
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