SLS 20RS-605 ORIGINAL
2020 Regular Session
SENATE BILL NO. 454
BY SENATOR HENRY
CORONERS. Creates a duty to warn on certain professionals and treating institutions and
limits liability for disclosure when a patient's referral to a coroner for a mental status
examination. (8/1/20)
1 AN ACT
2 To enact R.S. 9:2800.25, relative to coroners; to provide a duty to warn on certain
3 professionals; to provide for limitation of liability; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 9:2800.25 is hereby enacted to read as follows:
6 ยง2800.25. Limitation of liability of coroners and employees
7 A. When a patient has communicated or performed a threat of physical
8 violence, or exhibited behavior making it likely that the patient will act in an
9 aggressive or violent manner, whether the information is charted or not by the
10 treating institution and whether or not the behavior or oral threats are made
11 against a clearly identified victim or victims, and when the behavior or threats
12 are coupled with the apparent intent and ability to carry out such threat or acts
13 or violence, the treating psychologist or psychiatrist, or charge nurse, nurse,
14 physician assistant, nurse practitioner, or mental health nurse practitioner or
15 social worker or hospital security, shall enter a full description of threats or acts
16 of violence in the medical chart of the patient and shall notify any coroner,
17 deputy coroner, assistant coroner, or person representing the coroner's office
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 20RS-605 ORIGINAL
1 of the threats or violent acts prior to the coroner or his representative
2 interviewing the patient in connection with the mental status examination and
3 execution of a coroner emergency certificate.
4 B. No treating psychologist or psychiatrist, or charge nurse, nurse,
5 physician assistant, nurse practitioner, or mental health nurse practitioner or
6 social worker or hospital security, who exercises reasonable professional
7 judgment in making any disclosure under this Section, shall be liable for any
8 alleged breach of confidentiality under federal or state law for warning of such
9 threat or taking precautions to provide protection from the patient's violent
10 behavior.
11 C. Failure to provide the warning as provided in this Subsection A of this
12 Section in a timely manner that results in any injury to any coroner, deputy
13 coroner, assistant coroner, or person representing the coroner's office shall be
14 deemed to be an act of gross negligence.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 454 Original 2020 Regular Session Henry
Proposed law provides that when a patient has communicated or performed a threat of
physical violence, or exhibited behavior making it likely that the patient will act in an
aggressive or violent manner, whether such information is charted or not by the treating
institution and whether or not such behavior or oral threats are made against a clearly
identified victim or victims, and when such behavior or threats are coupled with the apparent
intent and ability to carry out such threat or acts or violence, the treating psychologist or
psychiatrist, or charge nurse, nurse, physician assistant, nurse practitioner, or mental health
nurse practitioner or social worker or hospital security, shall enter a full description of
threats or acts of violence in the medical chart of the patient and shall notify any coroner,
deputy coroner, assistant coroner, or person representing the coroner's office of the threats
or violent acts prior to the coroner representative interviewing the patient in connection with
the mental status examination and execution of a coroner emergency certificate.
Proposed law prohibits any treating psychologist or psychiatrist, or charge nurse, nurse,
physician assistant, nurse practitioner, or mental health nurse practitioner or social worker
or hospital security, who exercises reasonable professional judgment in making any
disclosure under proposed law from being held liable for any alleged breach of
confidentiality under federal or state law for warning of such threat or taking precautions to
provide protection from the patient's violent behavior.
Proposed law provides that failure to provide such warning as provided in proposed law in
a timely manner that results in any injury to any coroner, deputy coroner, assistant coroner
or person representing the coroner's office shall be deemed to be an act of gross negligence.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 454
SLS 20RS-605 ORIGINAL
Effective August 1, 2020.
(Adds R.S. 9:2800.25)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.