2022 Regular Session ENROLLED
SENATE BILL NO. 147
BY SENATOR MIZELL
1 AN ACT
2 To amend and reenact R.S. 40:1216.1(G) and to enact R.S. 40:1216.1(H), relative to
3 procedures for victims of sex offenses; to require that healthcare providers make
4 certain records available to sexual assault survivors; to provide relative to documents
5 requested by the victim after a forensic medical examination has been performed;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1216.1(G) is hereby amended and reenacted and R.S.
9 40:1216.1(H) is hereby enacted to read as follows:
10 ยง1216.1. Procedures for victims of a sexually-oriented sexually oriented criminal
11 offense; immunity; regional plans; maximum allowable costs;
12 definitions; documents requested by victim
13 * * *
14 G.(1) Upon request of a competent adult victim of a sexually oriented
15 criminal offense, the healthcare provider that performed the forensic medical
16 exam shall provide a reproduction of any written documentation which is in the
17 possession of the healthcare provider resulting from the forensic medical exam
18 of the victim. The documentation shall be provided to the victim no later than
19 fourteen days after the healthcare provider receives the request or the
20 healthcare provider completes the documentation, whichever is later.
21 (2) The reproduction of written documentation provided for in this
22 Subsection shall be made available at no cost to the victim and may only be
23 released at the direction of the victim who is a competent adult. This release
24 does not invalidate the victim's reasonable expectation of privacy nor does the
25 record become a public record after the release to the victim.
ACT No. 540
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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. 147 ENROLLED
1 H. For purposes of this Section the following definitions apply:
2 (1) "Forensic medical examination" has the same meaning as defined in R.S.
3 15:622.
4 (2) "Healthcare provider" means either of the following:
5 (a) A physician or other healthcare practitioner licensed, certified, registered,
6 or otherwise authorized to perform specified healthcare services consistent with state
7 law.
8 (b) A facility or institution providing healthcare services, including but not
9 limited to a hospital or other licensed inpatient center, ambulatory surgical or
10 treatment center, skilled nursing facility, inpatient hospice facility, residential
11 treatment center, diagnostic, laboratory, or imaging center, or rehabilitation or other
12 therapeutic health setting.
13 (3) "Healthcare services" means services, items, supplies, or drugs for the
14 diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury,
15 or disease ancillary to a sexually-oriented sexually oriented criminal offense.
16 (4) "Sexually-oriented Sexually oriented criminal offense" has the same
17 meaning as defined in R.S. 15:622.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.