HLS 22RS-742 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 517
BY REPRESENTATIVE SELDERS
CORRECTIONS: Creates and provides for the Medical Advisory Council within the Dept.
of Public Safety and Corrections
1 AN ACT
2To amend and reenact R.S. 15:831(A) and to enact R.S. 15:827(A)(10) and 827.4, relative
3 to medical services in the Department of Public Safety and Corrections; to create a
4 Medical Advisory Council within the Department of Public Safety and Corrections;
5 to provide relative to membership and powers of the Medical Advisory Council; to
6 provide relative to powers of the secretary of the Department of Public Safety and
7 Corrections; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 15:831(A) is hereby amended and reenacted and R.S. 15:827(A)(10)
10and 827.4 are hereby enacted to read as follows:
11 §827. Duties of Department of Public Safety and Corrections
12 A. In addition to other duties imposed upon the department it shall be the
13 duty of the department to:
14 * * *
15 (10) Hire a statewide department medical director, pursuant to R.S. 15:827.4,
16 who shall be responsible for the delivery of services consistent with constitutional
17 standards of preventive, chronic, and acute medical care for all people sentenced to
18 state custody.
19 * * *
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HB NO. 517
1 §827.4. Establishment of Medical Advisory Council
2 A. The Medical Advisory Council to the secretary is hereby created within
3 the Department of Public Safety and Corrections and shall consist of the medical
4 directors from each state prison facility and the department medical director.
5 B. The council shall provide recommendations to the department regarding
6 the following:
7 (1) Hiring and retention.
8 (2) Department policies.
9 (3) Post-mortem review.
10 (4) A correctional health electronic records system that is compatible with
11 major hospitals and health providers outside the correctional institutions.
12 (5) Other reasonably related responsibilities of institutional oversight.
13 C. The council shall nominate and elect a chair, vice chair, and secretary, and
14 hold meetings no less than quarterly.
15 D. The initial members of the medical advisory council shall serve until
16 August 14, 2025, and all subsequent members shall serve three-year terms beginning
17 on August fifteenth of each successive term.
18 E. The secretary shall have the authority to contract with consultants to assist
19 the medical advisory council and medical director in the promulgation and review
20 of institutional policies and practices.
21 F. The council shall submit a quarterly report to the state health officer
22 within the Louisiana Department of Health.
23 * * *
24 §831. Medical care of inmates; testing
25 A. The secretary of the Department of Public Safety and Corrections, using
26 the recommendations of the Department of Public Safety and Corrections Medical
27 Advisory Council, shall establish and shall prescribe standards for health, medical,
28 and dental services for each institution, including preventive, diagnostic, and
29 therapeutic measures on both an outpatient and a hospital basis, for all types of
30 patients. An inmate may be taken to a medical facility outside the institution when
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HB NO. 517
1 deemed necessary by the director. However, in situations which are not life-
2 threatening, the medical facility selected to treat the inmate shall be a part of the
3 state's charity hospital system. In emergency situations where treatment by a state
4 charity hospital is not available or feasible, the inmate may receive emergency
5 treatment at the nearest private medical facility. As soon as practicable, the inmate
6 should be transferred to a facility operated by the state's charity hospital system.
7 Notwithstanding any law to the contrary, all payments to private hospitals or health
8 care providers shall be governed by R.S. 15:824(B)(1)(c). No monies appropriated
9 to the department from the state general fund or from dedicated funds shall be used
10 for medical costs associated with organ transplants for inmates or for the purposes
11 of providing cosmetic medical treatment of inmates, unless the condition
12 necessitating such treatment or organ transplant arises or results from an accident or
13 situation which was the fault of the department or resulted from an action or lack of
14 action on the part of the department. However, nothing in this Section shall prohibit
15 an inmate from donating his vital organs for transplant purposes.
16 * * *
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 517 Engrossed 2022 Regular Session Selders
Abstract: Provides for the Medical Advisory Council within DPS&C.
Present law (R.S. 15:827) provides relative to the duties of DPS&C.
Proposed law (R.S. 15:827(A)(10) retains present law and adds an additional duty of hiring
a department medical director.
Proposed law provides that the department medical director shall be responsible for the
delivery of services for persons sentenced to state custody.
Proposed law (R.S. 15:827.4) creates the DPS&C Medical Advisory Council composed of
medical directors from each state prison facility and the department medical director.
Proposed law provides that the council shall provide recommendations to DPS&C on the
following:
(1)Hiring and retention.
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HB NO. 517
(2)Departmental policies.
(3)Post-mortem review.
(4)A health electronic records system.
(5)Other reasonably related responsibilities.
Proposed law provides that the council elect a chair, vice chair, and secretary and hold
quarterly meetings.
Proposed law provides the initial council members shall serve until Aug. 14, 2025. All
subsequent members shall serve three-year terms beginning on Aug. 15th of each successive
term.
Proposed law provides that the secretary shall have authority to contract with consultants to
assist council and medical director.
Proposed law provides that the council shall submit a quarterly report to the state health
officer within the La. Dept. of Health.
Present law (R.S. 15:831) provides for the medical care of inmates. Provides that the
DPS&C secretary shall establish standards for health, medical, and dental services for each
institution.
Proposed law retains present law and provides that the Medical Advisory Council shall
provide recommendations to the DPS&C secretary.
(Amends R.S. 15:831(A); Adds R.S. 15:827(A)(10) and 827.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
2. Delete language that references the hiring of a statewide department medical
director.
3. Change the membership of the advisory council from thirteen members of
various medical disciplines or associations to the medical directors from each
state prison facility and the department medical director.
4. Replace "advice and consent" with "recommendations".
5. Change the time period of the council's meetings from "annually" to "quarterly".
6. Require the council to submit a quarterly report to the state health officer within
the La. Department of Health.
7. Delete language that references the Administrative Procedure Act relative to the
council's advice to the DPS&C on departmental policies.
8. Delete language that requires the council to provide advisement and approval
pertaining to a health electronic records system.
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