HLS 23RS-133 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 181
BY REPRESENTATIVE DEVILLIER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORONERS: Provides relative to telemedicine access for coroners
1 AN ACT
2To amend and reenact R.S. 28:53(B)(1), (G)(2) and (4), and (J)(3), relative to coroner
3 authority for telemedicine examinations; to clarify those persons who may execute
4 an emergency certificate via actual examination or telemedicine examination; to
5 include assistant coroners in existing emergency certificate provisions; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 28:53(B)(1), (G)(2) and (4), and (J)(3) are hereby amended and
9reenacted to read as follows:
10 §53. Admission by emergency certificate; extension; payment for services rendered
11 * * *
12 B.(1) Any physician licensed or permitted by the Louisiana State Board of
13 Medical Examiners, physician assistant when acting in accordance with their his
14 respective clinical practice guidelines, psychiatric mental health nurse practitioner,
15 other nurse practitioner who acts in accordance with a collaborative practice
16 agreement and receives verbal approval for executing the certificate from his
17 collaborating physician, or psychologist may execute an emergency certificate only
18 after an actual examination of a person alleged to have a mental illness or be
19 suffering from a substance-related or addictive disorder who is determined to be in
20 need of immediate care and treatment in a treatment facility because the examining
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HB NO. 181
1 physician, physician assistant when acting in accordance with their his respective
2 clinical practice guidelines, psychiatric mental health nurse practitioner, other nurse
3 practitioner who acts in accordance with a collaborative practice agreement and
4 receives verbal approval for executing the certificate from his collaborating
5 physician, or psychologist determines the person to be dangerous to self or others or
6 to be gravely disabled. The actual examination of the person by a psychiatrist or
7 psychiatric mental health nurse practitioner any medical professional listed in this
8 Section, including coroners, deputy coroners, and assistant coroners, may be
9 conducted by telemedicine utilizing video conferencing technology provided that if
10 a licensed healthcare professional who can adequately and accurately assist with
11 obtaining any necessary information including but not limited to the information
12 listed in Paragraph (4) of this Subsection shall be is in the examination room with the
13 patient at the time of the video conference. A patient examined in such a manner
14 shall be medically cleared prior to admission to a mental health treatment facility.
15 Failure to conduct an examination prior to the execution of the certificate will be
16 evidence of gross negligence.
17 * * *
18 G.
19 * * *
20 (2) Within seventy-two hours of admission, the person shall be
21 independently examined by the coroner, or his deputy, or his assistant coroner who
22 shall execute an emergency certificate, pursuant to Subsection B of this Section,
23 which shall be a necessary precondition to the person's continued confinement.
24 Except as provided in Paragraph (7) of this Subsection, if the actual examination by
25 the psychiatrist medical professional referred to in Paragraph (B)(1) of this Section
26 is conducted by telemedicine, the seventy-two-hour independent examination by the
27 coroner, deputy coroner, or assistant coroner shall be conducted in person.
28 * * *
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HB NO. 181
1 (4) In making either the initial examination or the second examination, when
2 the coroner, or his deputy coroner, or assistant coroner examines the person and
3 executes an emergency certificate and a reexamination of the person and reexecution
4 of a certificate is necessary for any reason to ensure the validity of the certificate,
5 both the first examiner and the reexaminer shall be entitled to the fee for the service,
6 unless they are one and the same.
7 * * *
8 J.
9 * * *
10 (3) In any instance where the coroner, or his deputy coroner, or assistant
11 coroner executes the first emergency certificate, the second emergency certificate
12 shall not be executed by the coroner, or his deputy coroner, or assistant coroner, but
13 the second emergency certificate may be executed by any other physician including
14 a physician at the treatment facility. However, if the first examination by the coroner
15 is conducted by a psychiatrist utilizing video conferencing technology, the second
16 examination shall be conducted in person.
17 * * *
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 181 Original 2023 Regular Session DeVillier
Abstract: Allows coroners, deputy coroners, and assistant coroners to execute an
emergency certificate via actual examination or telemedicine examination and
establishes provisions for such persons.
Present law provides that certain healthcare professionals, licensed or permitted in
accordance with present law, may execute an emergency certificate only after an actual
examination of a person, who is alleged to have a mental illness or be suffering from a
substance-related or addictive disorder and, after the determination made by the healthcare
professional, is considered to need immediate care and treatment in a treatment facility.
Present law also provides that the actual examination of the person may be conducted by a
psychiatrist or psychiatric mental health nurse practitioner via telemedicine, utilizing video
conferencing technology.
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HB NO. 181
Proposed law provides that the actual examination of the person may be conducted by any
medical professional listed in proposed law, including coroners, deputy coroners, and
assistant coroners, via telemedicine.
Present law provides that if the actual examination by the psychiatrist is conducted via
telemedicine, the 72-hour independent examination by the coroner shall be conducted in
person.
Proposed law extends present law to allow deputy coroners or assistant coroners to conduct
the 72-hour independent examination.
Present law provides that when the coroner or his deputy examines the person and executes
an emergency certificate and a reexamination of the person and reexecution of a certificate
is necessary to ensure the validity of the certificate, both the first examiner and the
reexaminer shall be entitled to the fee for the service.
Proposed law extends present law to include instances when assistant coroners examine the
person and execute an emergency certificate, and a reexamination of the person and
reexecution of a certificate is necessary to ensure the validity of the certificate.
Present law provides that where the coroner or his deputy executes the first emergency
certificate, the second emergency certificate shall not be executed by the coroner or his
deputy.
Proposed law extends present law to include instances when the assistant coroner executes
the first emergency certificate.
(Amends R.S. 28:53(B)(1), (G)(2) and (4), and (J)(3))
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