SLS 22RS-295 ORIGINAL
2022 Regular Session
SENATE BILL NO. 104
BY SENATOR MIZELL
HEALTH CARE. Prohibits certain licensed healthcare facilities from requiring patients and
residents to forgo possession of certain communication devices as a condition of receiving
services. (gov sig)
1 AN ACT
2 To enact R.S. 40:2006.3, relative to licensed healthcare facilities; to require certain licensed
3 healthcare facilities to permit certain communications by patients or residents; to
4 provide for conditions for licensure; to provide for definitions; to provide for
5 penalties; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:2006.3 is hereby enacted to read as follows:
8 ยง2006.3. Patient's right to unimpeded, private and uncensored telephone
9 communications; condition of facility licensing; penalties
10 A. A patient in a healthcare facility shall be permitted unimpeded,
11 private, and uncensored communications with persons by telephone. No
12 healthcare facility shall require a patient to forego possession of the patient's
13 mobile phone or cellular phone as a condition for receiving services or patient
14 access to the facility.
15 B. As used in this Section, the following definitions shall apply:
16 (1) "Healthcare facility" means a facility which is subject to the
17 provisions of R.S. 40:2006, except the inpatient behavioral health service
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 104
SLS 22RS-295 ORIGINAL
1 providers which are subject to the provisions of R.S. 28:171(C).
2 (2) "Patient" means either a patient or a resident of a healthcare facility
3 licensed pursuant to R.S. 40:2006.
4 C. A violation of this Section shall be considered a violation of a
5 condition of licensure and shall be subject to the penalties provided for in R.S.
6 40:2199.
7 * * *
8 Section 2. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 104 Original 2022 Regular Session Mizell
Present law provides that a patient in facilities for mental illness or substance abuse are
permitted unimpeded, private, and uncensored telephone communication with persons of the
patient's choice by telephone under certain circumstances. Present law allows the director
of certain mental illness and substance abuse facilities to temporarily limit patient use of
communication devises under certain circumstances. Proposed law retains present law.
Proposed law requires all other healthcare facilities licensed by the Dept. of Health protect
a patient's rights to unimpeded, private, and uncensored communications with persons by
telephone.
Proposed law defines healthcare facility to include hospitals, nursing homes, rural health
clinics, home health agencies, licensed adult day healthcare facilities, intermediate care
facility for people with developmental disabilities, end stage renal disease facilities,
outpatient abortion facilities, pediatric day healthcare facilities, community-based care
facilities, free-standing birth center, ambulatory surgery centers, and other facilities licensed
by the Dept. of Health.
Proposed law applies to both patients and residents of licensed healthcare facilities.
Proposed law provides that a violation of proposed law shall be considered a violation of a
condition of licensure and subject to penalty provisions under present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:2006.3)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.