The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 445 Original 2020 Regular Session Peacock
Present law provides for the La. Health Emergency Powers Act ("Act").
Present law provides that during a state of public health emergency any health care providers 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.
Present law provides that during a state of public health emergency, any private person, firm or
corporation and employees and agents of such person, firm or corporation, who renders assistance
or advice at the request of the state or its political subdivisions under the provisions of present law
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 revises when presents law is applicable.
Present law provides that medical personnel who, in good faith and regardless of compensation,
render or fail to render emergency care, health care 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 provides for definitions.
Proposed law retains present law and revises definitions of "during a declared state of emergency.
Proposed law further provides that due to the imminent threat posed by COVID-19 as provided in
Proclamation Number 25 JBE 2020 and any subsequent proclamation, declaring the existence of a
statewide public health emergency, proposed law shall be retroactive to March 11, 2020.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 29:771(B)(2)(c) and (d) and R.S. 37:1731.1)