HLS 20RS-1286 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 745
BY REPRESENTATIVE VILLIO
LIABILITY: Provides for limited liability for medical services rendered during a state of
emergency
1 AN ACT
2To amend and reenact R.S. 37:1731.1, relative to the limitation of liability; to provide for
3 the provision of healthcare services during a state of emergency; to provide for the
4 limitation of liability during a public health emergency; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:1731.1 is hereby amended and reenacted to read as follows:
8 ยง1731.1. Medical services during declared state of emergency; limitation of liability
9 A. Medical personnel who, in good faith and regardless of compensation,
10 render or fail to render emergency care, health care healthcare services, or first aid
11 during a declared state of emergency when the state of emergency affects the
12 rendering of medical care shall not be liable for any civil damages or injury as a
13 result of any act or omission related to the rendering of or failure to render services,
14 unless the damages damage or injury was caused by gross negligence or willful and
15 wanton misconduct.
16 B. As used in this Section:
17 (1) "During a declared state of emergency" means during the period of time
18 set forth in a declaration of the governor in accordance with R.S. 29:724 or R.S.
19 29:760 et seq., and shall include the time period as set forth in the declaration and
20 shall also be retroactive to the precipitating event requiring the declaration.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-1286 ORIGINAL
HB NO. 745
1 (2) "Health care Healthcare services" means any act or treatment performed
2 or furnished or which should have been performed or furnished, by a health care
3 healthcare provider for, to, or on behalf of a person.
4 (3) "Medical personnel" means an individual or person subject to the
5 provisions of R.S. 37:1731, regardless of compensation.
6 Section 2. This Act shall become effective upon signature by the governor or, if not
7signed by the governor, upon expiration of the time for bills to become law without signature
8by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9vetoed by the governor and subsequently approved by the legislature, this Act shall become
10effective on the day following such approval.
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 745 Original 2020 Regular Session Villio
Abstract: Limits the liability of medical personnel who render care during a state of public
health emergency declared by the governor in accordance with the La. Health
Emergency Powers Act.
Present law provides that medical personnel who, in good faith and regardless of
compensation, render or fail to render emergency care, healthcare services, or first aid during
a declared state of emergency when the state of emergency affects the rendering of medical
care shall not be liable for any civil damages or injury as a result of any act or omission
related to the rendering of or failure to render services, unless the damages or injury was
caused by gross negligence or willful and wanton misconduct.
Present law applies to a state of emergency as declared by the governor in accordance with
the La. Homeland Security and Emergency Assistance and Disaster Act.
Proposed law retains present law and applies present law to a state of public health
emergency as declared by the governor in accordance with the La. Health Emergency
Powers Act.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1731.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.