HLS 23RS-1920 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 652 (Substitute for House Bill No. 599 by Representative Dustin
Miller)
BY REPRESENTATIVE DUSTIN MILLER
NURSES: Authorizes certain healthcare professionals to certify the existence of an illness
1 AN ACT
2To amend and reenact R.S. 17:500(B)(1), 500.2(A)(2)(introductory paragraph) and (c),
3 (D)(1)(b), and E(1)(a) and (2)(a) through (c) and (e), 1201(A)(2), 1202(A)(1)(b) and
4 (2)(introductory paragraph) and (d), (D)(1)(b), and (E)(1)(a) and (c), (2)(a) through
5 (c), and (3), 1206(A)(1), and 1206.2(D)(1)(b) and (E)(1)(a) and (c), (2)(a) through
6 (c), and (3) and to enact R.S. 17:1200(D), relative to signature authority for certain
7 healthcare professionals; to provide for sick leave procedures for teachers, school bus
8 operators, and teaching staff; to provide for definitions; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 17:500(B)(1), 500.2(A)(2)(introductory paragraph) and (c),
12(D)(1)(b), and E(1)(a) and (2)(a) through (c) and (e), 1201(A)(2), 1202(A)(1)(b) and
13(2)(introductory paragraph) and (d), (D)(1)(b), and (E)(1)(a) and (c), (2)(a) through (c), and
14(3), 1206(A)(1), and 1206.2(D)(1)(b) and (E)(1)(a) and (c), (2)(a) through (c), and (3) are
15hereby amended and reenacted and R.S. 17:1200(D) is hereby enacted to read as follows:
16 §500. Sick leave for school bus operators; minimum pay for substitute
17 * * *
18 B.(1) All school bus operators employed by the parish and the city school
19 boards of this state shall be entitled to and shall be allowed a minimum of ten days
20 absence per school year because of personal illness or because of other emergencies
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1 or special circumstances, without loss of pay. Such sick leave when not used in any
2 year shall be accumulated to the credit of the school bus operator without limitation.
3 When a school bus operator is absent for six or more consecutive days because of
4 personal illness, he shall be required to present a certificate from a clinician
5 certifying such illness. As used in this Subpart "clinician" means a physician,
6 physician assistant providing health care healthcare services in accordance with R.S.
7 37:1360.28, or nurse practitioner an advanced practice registered nurse providing
8 health care healthcare services in accordance with R.S. 37:913 certifying such
9 illness. The parish and city school boards are authorized to adopt such rules and
10 regulations as are necessary relative to the use of such sick leave, either current or
11 accumulated, for emergencies or special circumstances. The parish and city school
12 boards may grant additional sick leave, without loss of pay, or with such reduction
13 of pay as they may establish and fix.
14 * * *
15 §500.2. School bus operators; extended sick leave
16 A.
17 * * *
18 (2) As used in this Section, the following terms shall have the following
19 meanings:
20 * * *
21 (c) "Medical necessity" means the result of catastrophic illness or injury, a
22 life threatening condition, a chronic condition, or an incapacitating condition, as
23 certified by a physician clinician, of a school bus operator or an immediate family
24 member.
25 * * *
26 D.(1) No school bus operator may undertake additional gainful employment
27 while on extended sick leave, unless all of the following conditions are met:
28 * * *
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1 (b) The physician clinician who certifies the medical necessity of the leave
2 indicates that such part-time work does not impair the purpose for which the
3 extended leave is required.
4 * * *
5 E.(1)(a) On every occasion that a school bus operator uses extended sick
6 leave, a statement from a licensed physician clinician certifying that it is a medical
7 necessity for the school bus operator to be absent for at least ten consecutive work
8 days shall be presented prior to the extension of such leave.
9 (2)(a) If the board or superintendent, upon review of the application,
10 questions the validity or accuracy of the certification, the board or superintendent,
11 as the case may be, referred to in this Paragraph as the "challenging party", may
12 require the school bus operator or the immediate family member, as a condition for
13 continued extended leave, to be examined by a licensed physician clinician selected
14 by the challenging party. In such a case, the employer shall pay all costs of the
15 examination and any tests determined to be necessary. If the physician clinician
16 selected by the challenging party finds medical necessity, the leave shall be granted.
17 (b) If the physician clinician selected by the challenging party disagrees with
18 the certification of the physician clinician selected by the school bus operator, then
19 the challenging party may require the school bus operator or the immediate family
20 member, as a condition for continued extension of sick leave, to be examined by a
21 third licensed appropriate physician clinician whose name appears next in the
22 rotation of physicians clinicians on a list established by the local medical society for
23 such purpose and maintained by the challenging party. All costs of an examination
24 and any required tests by a third doctor shall be paid by the employer. The opinion
25 of the third physician clinician shall be determinative of the issue.
26 (c) The opinion of all physicians clinicians consulted as provided in this
27 Paragraph shall be submitted to the challenging party in the form of a sworn
28 statement which shall be subject to the provisions of R.S. 14:125.
29 * * *
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1 (e) All information contained in any statement from a physician clinician
2 shall be confidential and shall not be subject to the public records law.
3 * * *
4 §1200. Definitions
5 * * *
6 D. As used in this Subpart, "clinician" means a licensed physician, physician
7 assistant providing healthcare services in accordance with R.S. 37:1360.28, or an
8 advanced practice registered nurse providing healthcare services in accordance with
9 R.S. 37:913.
10 §1201. Amount of sick leave; reimbursement; injury on the job
11 A.
12 * * *
13 (2) When a member of the teaching staff is absent for six or more
14 consecutive days because of personal illness, he shall be required to present a
15 certificate from a clinician physician, physician assistant providing health care
16 services in accordance with R.S. 37:1360.28, or nurse practitioner providing health
17 care services in accordance with R.S. 37:913 certifying such illness. Each parish and
18 city school board may adopt such rules and regulations as are necessary relative to
19 the use of such sick leave, either current or accumulated, for emergencies or special
20 circumstances. The parish and city school boards may grant additional sick leave,
21 without loss of pay, or with such reduction of pay as they may establish and fix.
22 * * *
23 §1202. Teachers; extended sick leave
24 A.(1) Every city, parish, and other local public school board shall permit:
25 * * *
26 (b) Each teacher granted maternity or adoptive leave in accordance with the
27 provisions of R.S. 17:48 or 1211 and who has no remaining sick leave balance
28 available to take in the manner provided in this Section up to thirty days of additional
29 extended sick leave in each six-year period of employment for personal illness
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1 relating to pregnancy, illness of an infant, or for required medical visits certified by
2 a physician clinician as relating to infant or maternal health.
3 (2) As used in this Section, the following terms shall have the following
4 meanings:
5 * * *
6 (d) "Medical necessity" means the result of catastrophic illness or injury, a
7 life threatening condition, a chronic condition, or an incapacitating condition, as
8 certified by a physician clinician, of a teacher or an immediate family member.
9 * * *
10 D.(1) No teacher may undertake additional gainful employment while on
11 extended sick leave, unless all of the following conditions are met:
12 * * *
13 (b) The physician clinician who certifies the medical necessity of the leave
14 indicates that such part-time work does not impair the purpose for which the
15 extended leave is required.
16 * * *
17 E.(1)(a) On every occasion that a teacher uses extended sick leave, a
18 statement from a licensed physician clinician certifying that it is for personal illness
19 relating to pregnancy, illness of an infant, or for required medical visits related to
20 infant or maternal health or that it is a medical necessity shall be presented prior to
21 the extension of such leave.
22 (c) The physician clinician statement required by this Paragraph may be
23 presented and the extended sick leave may be requested subsequent to the teacher's
24 return to service. In such a case, the extended leave shall be granted for all days for
25 which such leave is requested and the required documentation is presented provided
26 the leave is requested and the required documentation is presented within three days
27 after the teacher returns to service.
28 (2)(a) If the board or superintendent, upon review of the application,
29 questions the validity or accuracy of the certification, the board or superintendent,
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1 as the case may be, referred to in this Paragraph as the "challenging party", may
2 require the teacher or the immediate family member, as a condition for continued
3 extended leave, to be examined by a licensed physician clinician selected by the
4 challenging party. In such a case, the employer shall pay all costs of the examination
5 and any tests determined to be necessary. If the physician clinician selected by the
6 challenging party finds medical necessity, the leave shall be granted.
7 (b) If the physician clinician selected by the challenging party disagrees
8 with the certification of the physician clinician selected by the teacher or the
9 immediate family member, then the challenging party may require the teacher or the
10 immediate family member, as a condition for continued extension of sick leave, to
11 be examined by a third licensed appropriate physician clinician whose name appears
12 next in the rotation of physicians clinicians on a list established by the local medical
13 society for such purpose and maintained by the challenging party. All costs of an
14 examination and any required tests by a third doctor clinician shall be paid by the
15 employer. The opinion of the third physician clinician shall be determinative of the
16 issue.
17 (c) The opinion of all physicians clinicians consulted as provided in this
18 Paragraph shall be submitted to the challenging party in the form of a sworn
19 statement which shall be subject to the provisions of R.S. 14:125.
20 * * *
21 (3) All information contained in any statement from a physician clinician
22 shall be confidential and shall not be subject to the public records law.
23 * * *
24 §1206. Ten days sick leave for employees; cumulation of unused sick leave
25 A.(1) All such employees, as defined in R.S. 17:1205, shall be entitled to and
26 shall be allowed a minimum of ten days leave of absence as sick leave or in case of
27 other emergencies or special circumstances, per school year, without loss of pay.
28 Any portion of such sick leave not used in any year shall be accumulated to the credit
29 of the employee without limitation. When such employee is absent for six or more
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1 consecutive days because of personal illness, he shall be required to present a
2 certificate from a clinician. physician, physician assistant providing health care
3 services in accordance with R.S. 37:1360.28, or nurse practitioner providing health
4 care services in accordance with R.S. 37:913 certifying such illness. Each parish and
5 city school board may adopt such rules and regulations as are necessary relative to
6 the use of such sick leave, either current or accumulated, for emergencies or special
7 circumstances. The parish and city school boards may grant additional sick leave,
8 without loss of pay, or with such reduction of pay as they may establish and fix.
9 * * *
10 §1206.2. Employees; extended sick leave
11 * * *
12 D.(1) No employee may undertake additional gainful employment while on
13 extended sick leave, unless all of the following conditions are met:
14 * * *
15 (b) The physician clinician who certifies the medical necessity of the leave
16 indicates that such part-time work does not impair the purpose for which the
17 extended leave is required.
18 * * *
19 E.(1)(a) On every occasion when an employee uses extended sick leave, a
20 statement from a licensed physician clinician certifying that it is a medical necessity
21 for the employee to be absent for at least ten consecutive work days shall be
22 presented prior to the extension of such leave.
23 (c) The physician clinician statement required by this Paragraph may be
24 presented and the extended sick leave may be requested subsequent to the employee's
25 return to service. In such a case, the extended leave shall be granted for all days for
26 which such leave is requested and the required documentation is presented provided
27 the leave is requested and the required documentation is presented within three days
28 after the employee returns to service.
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1 (2)(a) If the board or superintendent, upon review of the application,
2 questions the validity or accuracy of the certification, the board or superintendent,
3 as the case may be, referred to in this Paragraph as the "challenging party", may
4 require the employee or the immediate family member, as a condition for continued
5 extended leave, to be examined by a licensed physician clinician selected by the
6 challenging party. In such a case, the employer shall pay all costs of the examination
7 and any tests determined to be necessary. If the physician clinician selected by the
8 challenging party finds medical necessity, the leave shall be granted.
9 (b) If the physician clinician selected by the challenging party disagrees with
10 the certification of the physician clinician selected by the employee or the immediate
11 family member, then the challenging party may require the employee or the
12 immediate family member, as a condition for continued extension of sick leave, to
13 be examined by a third licensed appropriate physician clinician whose name appears
14 next in the rotation of physicians clinicians on a list established by the local medical
15 society for such purpose and maintained by the challenging party. All costs of an
16 examination and any required tests by a third doctor shall be paid by the employer.
17 The opinion of the third physician clinician shall be determinative of the issue.
18 (c) The opinion of all physicians clinicians consulted as provided in this
19 Paragraph shall be submitted to the challenging party in the form of a sworn
20 statement which shall be subject to the provisions of R.S. 14:125.
21 * * *
22 (3) All information contained in any statement from a physician clinician
23 shall be confidential and shall not be subject to the public records law.
24 * * *
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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 652 Original 2023 Regular Session Dustin Miller
Abstract: Grants advanced practice registered nurses (APRN) and physician assistants
(PA) the authority to certify the existence of an illness of teachers, teaching staff, and
bus drivers for the purposes of leave and extended leave.
Present law requires a physician to certify the existence of an illness of a teacher, school bus
driver, and teaching staff to use sick leave or extended sick leave.
Proposed law retains present law and adds APRNs and PAs to those authorized to certify the
existence of an illness of a teacher, school bus driver, or teaching staff for the purpose of
using sick leave or extended sick leave.
Present law provides a teacher, a teaching staff employee, or a school bus driver must
provide obtain a certification of an illness in order to use ceratin sick leave. The school board
or the superintendent may challenge a certification of illness and require the teacher,
teaching staff employee, or school bus driver to be examined by a different physician. If the
teacher, teaching staff employee, or school bus driver disagrees with the determination of
the school board's or superintendent's chosen physician, the teacher, teaching staff employee,
or school bus driver may compel an examination by a third physician.
Proposed law retains present law and authorizes that a certification or examination
completed by a physician may also be completed by APRN or PA.
Proposed law defines "clinician" as a physician, APRN, or PA.
(Amends R.S. 17:500(B)(1), 500.2(A)(2)(intro. para.) and (c), (D)(1)(b), and E(1)(a) and
(2)(a)-(c) and (e), 1201(A)(2), 1202(A)(1)(b) and (2)(intro. para.) and (d), (D)(1)(b), and
(E)(1)(a) and (c), (2)(a)-(c), and (3), 1206(A)(1), and 1206.2(D)(1)(b) and (E)(1)(a) and (c),
(2)(a)-(c), and (3); Adds R.S. 17:1200(D))
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