RÉSUMÉ DIGEST
SB 12 2020 Second Extraordinary Session Robert Mills
Prior law (R.S. 29:760-772) provided 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.
Prior law provided 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.
New law retains prior 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.
Prior 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.
New law retains prior 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.
New 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 (October 28, 2020).
(Amends R.S. 29:770(B) and 771(B)(2)(c); adds R.S. 40:2005.1)