ENROLLED
ACT No. 296
2023 Regular Session
HOUSE BILL NO. 652 (Substitute for House Bill No. 599 by Representative Dustin Miller)
BY REPRESENTATIVE DUSTIN MILLER
1 AN ACT
2 To 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.
10 Be 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
15 hereby 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
21 or special circumstances, without loss of pay. Such sick leave when not used in any
22 year shall be accumulated to the credit of the school bus operator without limitation.
23 When a school bus operator is absent for six or more consecutive days because of
24 personal illness, he shall be required to present a certificate from a clinician
25 certifying such illness. As used in this Subpart "clinician" means a physician,
26 physician assistant providing health care healthcare services in accordance with R.S.
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1 37:1360.28, or nurse practitioner an advanced practice registered nurse providing
2 health care healthcare services in accordance with R.S. 37:913 certifying such
3 illness. The parish and city school boards are authorized to adopt such rules and
4 regulations as are necessary relative to the use of such sick leave, either current or
5 accumulated, for emergencies or special circumstances. The parish and city school
6 boards may grant additional sick leave, without loss of pay, or with such reduction
7 of pay as they may establish and fix.
8 * * *
9 §500.2. School bus operators; extended sick leave
10 A.
11 * * *
12 (2) As used in this Section, the following terms shall have the following
13 meanings:
14 * * *
15 (c) "Medical necessity" means the result of catastrophic illness or injury, a
16 life threatening life-threatening condition, a chronic condition, or an incapacitating
17 condition, as certified by a physician clinician, of a school bus operator or an
18 immediate family member.
19 * * *
20 D.(1) No school bus operator may undertake additional gainful employment
21 while on extended sick leave, unless all of the following conditions are met:
22 * * *
23 (b) The physician clinician who certifies the medical necessity of the leave
24 indicates that such part-time work does not impair the purpose for which the
25 extended leave is required.
26 * * *
27 E.(1)(a) On every occasion that a school bus operator uses extended sick
28 leave, a statement from a licensed physician clinician certifying that it is a medical
29 necessity for the school bus operator to be absent for at least ten consecutive work
30 days shall be presented prior to the extension of such leave.
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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 school bus operator or the immediate family member, as a condition for
5 continued extended leave, to be examined by a licensed physician clinician selected
6 by the challenging party. In such a case, the employer shall pay all costs of the
7 examination and any tests determined to be necessary. If the physician clinician
8 selected by the 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 school bus operator, then
11 the challenging party may require the school bus operator or the immediate family
12 member, as a condition for continued extension of sick leave, to be examined by a
13 third licensed appropriate physician clinician whose name appears next in the
14 rotation of physicians clinicians on a list established by the local medical society for
15 such purpose and maintained by the challenging party. All costs of an examination
16 and any required tests by a third doctor clinician shall be paid by the employer. The
17 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 (e) 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 * * *
25 §1200. Definitions
26 * * *
27 D. As used in this Subpart, "clinician" means a licensed physician, physician
28 assistant providing healthcare services in accordance with R.S. 37:1360.28, or an
29 advanced practice registered nurse providing healthcare services in accordance with
30 R.S. 37:913.
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1 §1201. Amount of sick leave; reimbursement; injury on the job
2 A.
3 * * *
4 (2) When a member of the teaching staff is absent for six or more
5 consecutive days because of personal illness, he shall be required to present a
6 certificate from a clinician physician, physician assistant providing health care
7 services in accordance with R.S. 37:1360.28, or nurse practitioner providing health
8 care services in accordance with R.S. 37:913 certifying such illness. Each parish and
9 city school board may adopt such rules and regulations as are necessary relative to
10 the use of such sick leave, either current or accumulated, for emergencies or special
11 circumstances. The parish and city school boards may grant additional sick leave,
12 without loss of pay, or with such reduction of pay as they may establish and fix.
13 * * *
14 §1202. Teachers; extended sick leave
15 A.(1) Every city, parish, and other local public school board shall permit:
16 * * *
17 (b) Each teacher granted maternity or adoptive leave in accordance with the
18 provisions of R.S. 17:48 or 1211 and who has no remaining sick leave balance
19 available to take in the manner provided in this Section up to thirty days of additional
20 extended sick leave in each six-year period of employment for personal illness
21 relating to pregnancy, illness of an infant, or for required medical visits certified by
22 a physician clinician as relating to infant or maternal health.
23 (2) As used in this Section, the following terms shall have the following
24 meanings:
25 * * *
26 (d) "Medical necessity" means the result of catastrophic illness or injury, a
27 life threatening condition, a chronic condition, or an incapacitating condition, as
28 certified by a physician clinician, of a teacher or an immediate family member.
29 * * *
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1 D.(1) No teacher may undertake additional gainful employment while on
2 extended sick leave, unless all of the following conditions are met:
3 * * *
4 (b) The physician clinician who certifies the medical necessity of the leave
5 indicates that such part-time work does not impair the purpose for which the
6 extended leave is required.
7 * * *
8 E.(1)(a) On every occasion that a teacher uses extended sick leave, a
9 statement from a licensed physician clinician certifying that it is for personal illness
10 relating to pregnancy, illness of an infant, or for required medical visits related to
11 infant or maternal health or that it is a medical necessity shall be presented prior to
12 the extension of such leave.
13 (c) The physician clinician statement required by this Paragraph may be
14 presented and the extended sick leave may be requested subsequent to the teacher's
15 return to service. In such a case, the extended leave shall be granted for all days for
16 which such leave is requested and the required documentation is presented provided
17 the leave is requested and the required documentation is presented within three days
18 after the teacher returns to service.
19 (2)(a) If the board or superintendent, upon review of the application,
20 questions the validity or accuracy of the certification, the board or superintendent,
21 as the case may be, referred to in this Paragraph as the "challenging party", may
22 require the teacher or the immediate family member, as a condition for continued
23 extended leave, to be examined by a licensed physician clinician selected by the
24 challenging party. In such a case, the employer shall pay all costs of the examination
25 and any tests determined to be necessary. If the physician clinician selected by the
26 challenging party finds medical necessity, the leave shall be granted.
27 (b) If the physician clinician selected by the challenging party disagrees
28 with the certification of the physician clinician selected by the teacher or the
29 immediate family member, then the challenging party may require the teacher or the
30 immediate family member, as a condition for continued extension of sick leave, to
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1 be examined by a third licensed appropriate physician clinician whose name appears
2 next in the rotation of physicians clinicians on a list established by the local medical
3 society for such purpose and maintained by the challenging party. All costs of an
4 examination and any required tests by a third doctor clinician shall be paid by the
5 employer. The opinion of the third physician clinician shall be determinative of the
6 issue.
7 (c) The opinion of all physicians clinicians consulted as provided in this
8 Paragraph shall be submitted to the challenging party in the form of a sworn
9 statement which shall be subject to the provisions of R.S. 14:125.
10 * * *
11 (3) All information contained in any statement from a physician clinician
12 shall be confidential and shall not be subject to the public records law.
13 * * *
14 §1206. Ten days sick leave for employees; cumulation of unused sick leave
15 A.(1) All such employees, as defined in R.S. 17:1205, shall be entitled to and
16 shall be allowed a minimum of ten days leave of absence as sick leave or in case of
17 other emergencies or special circumstances, per school year, without loss of pay.
18 Any portion of such sick leave not used in any year shall be accumulated to the credit
19 of the employee without limitation. When such employee is absent for six or more
20 consecutive days because of personal illness, he shall be required to present a
21 certificate from a clinician. physician, physician assistant providing health care
22 services in accordance with R.S. 37:1360.28, or nurse practitioner providing health
23 care services in accordance with R.S. 37:913 certifying such illness. Each parish and
24 city school board may adopt such rules and regulations as are necessary relative to
25 the use of such sick leave, either current or accumulated, for emergencies or special
26 circumstances. The parish and city school boards may grant additional sick leave,
27 without loss of pay, or with such reduction of pay as they may establish and fix.
28 * * *
29 §1206.2. Employees; extended sick leave
30 * * *
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1 D.(1) No employee may undertake additional gainful employment while on
2 extended sick leave, unless all of the following conditions are met:
3 * * *
4 (b) The physician clinician who certifies the medical necessity of the leave
5 indicates that such part-time work does not impair the purpose for which the
6 extended leave is required.
7 * * *
8 E.(1)(a) On every occasion when an employee uses extended sick leave, a
9 statement from a licensed physician clinician certifying that it is a medical necessity
10 for the employee to be absent for at least ten consecutive work days shall be
11 presented prior to the extension of such leave.
12 * * *
13 (c) The physician clinician statement required by this Paragraph may be
14 presented and the extended sick leave may be requested subsequent to the employee's
15 return to service. In such a case, the extended leave shall be granted for all days for
16 which such leave is requested and the required documentation is presented provided
17 the leave is requested and the required documentation is presented within three days
18 after the employee returns to service.
19 (2)(a) If the board or superintendent, upon review of the application,
20 questions the validity or accuracy of the certification, the board or superintendent,
21 as the case may be, referred to in this Paragraph as the "challenging party", may
22 require the employee or the immediate family member, as a condition for continued
23 extended leave, to be examined by a licensed physician clinician selected by the
24 challenging party. In such a case, the employer shall pay all costs of the examination
25 and any tests determined to be necessary. If the physician clinician selected by the
26 challenging party finds medical necessity, the leave shall be granted.
27 (b) If the physician clinician selected by the challenging party disagrees with
28 the certification of the physician clinician selected by the employee or the immediate
29 family member, then the challenging party may require the employee or the
30 immediate family member, as a condition for continued extension of sick leave, to
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1 be examined by a third licensed appropriate physician clinician whose name appears
2 next in the rotation of physicians clinicians on a list established by the local medical
3 society for such purpose and maintained by the challenging party. All costs of an
4 examination and any required tests by a third doctor clinician shall be paid by the
5 employer. The opinion of the third physician clinician shall be determinative of the
6 issue.
7 (c) The opinion of all physicians clinicians consulted as provided in this
8 Paragraph shall be submitted to the challenging party in the form of a sworn
9 statement which shall be subject to the provisions of R.S. 14:125.
10 * * *
11 (3) All information contained in any statement from a physician clinician
12 shall be confidential and shall not be subject to the public records law.
13 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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