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 853 Original 2024 Regular Session Myers
Abstract: Establishes the office of surgeon general within the La. Dept. of Health (LDH) and
outlines its purpose, duties, and functions.
Present law requires LDH to be composed of the executive office of the secretary, the office of
management and finance, the office of public health, the office of behavioral health, the office for
citizens with developmental disabilities, the office of aging and adult services, the office on women's
health and community health, and such other offices as created by present law.
Proposed law adds the office of surgeon general to present law and otherwise retains present law.
Present law requires officers of LDH to be the secretary, the undersecretary, the deputy secretary if
one is appointed, and assistant secretaries, each of whom shall be selected in accordance with present
law.
Proposed law adds the surgeon general to present law and otherwise retains present law.
Present law further provides that no person serving as a secretary, deputy secretary, undersecretary,
or assistant secretary shall receive any additional salary from the state other than that salary he
receives for his service in such offices.
Proposed law adds the surgeon general to present law and otherwise retains present law.
Proposed law creates the position of surgeon general, office of surgeon general, within LDH and
requires his appointment by the governor with consent from the state Senate. Proposed law further
provides for his salary.
Proposed law requires the surgeon general to be a licensed and practicing physician in this state and
to continue to be qualified throughout his term in office. Proposed law further requires him to be
an employee of LDH.
Proposed law requires the surgeon general to serve as the chief medical officer of LDH and the
state's leading advocate for wellness and disease prevention. Proposed law further requires the
surgeon general to serve as the state health officer.
Proposed law provides that the surgeon general shall have the responsibility of providing medical
and clinical guidance and recommendations to LDH and directly to the governor upon request. Proposed law requires the surgeon general to perform certain functions under the general control and
supervision of the governor and in accordance with present law and proposed law.
Proposed law further requires the surgeon general to direct and be responsible for the functions of
the office of surgeon general within LDH.
Proposed law outlines the purpose, duties, and functions of the surgeon general and the office of
surgeon general, which includes all of the following:
(1)Collect, manage, and analyze health data and statistics to formulate public health policy and
planning for this state.
(2)Promote the health of all residents and visitors in this state.
(3)Coordinate with other agencies, offices, medical schools, boards, commissions, task forces,
and other associations on health care initiatives for this state.
(4)Provide an annual report to the governor, to the legislature, and to the secretary of LDH.
Present law provides that each office within LDH, except the office of management and finance,
shall be under the immediate supervision and direction of an assistant secretary.
Proposed law adds the surgeon general to the present law provision and otherwise retains present
law.
Proposed law requires the office of surgeon general to be responsible for leading and coordinating
efforts of LDH that are intended to provide clinical and medical guidance and recommendations to
improve health outcomes for all residents of this state.
Proposed law allows LDH to consolidate efforts on healthcare provisions and outcomes for all
programs within LDH as deemed appropriate by the secretary of LDH after consultation with the
surgeon general.
Present law requires the state health officer to be a licensed and practicing physician in this state and
continue to be qualified during his term of office.
Proposed law further requires him to be a full-time employee of the Louisiana Department of Health.
Proposed law requires the surgeon general to be appointed by the governor and to serve as the state
health officer. Proposed law allows the surgeon general to collaborate with the secretary on any
order, rule, or regulation issued by the state health officer.
Present law defines "state health officer" as the secretary of LDH or his designee. Proposed law
redefines the term to mean surgeon general appointed by the governor as provided in proposed law. Proposed law adds the surgeon general to the list of positions that, if filled by a physician, are
exempt from the ethical standards that prohibit payments for nonpublic services.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 36:251(C)(1), 252(A) and (B), and 257(A) and R.S. 40:2 and 1281.1(intro. para.) and
(8); Adds R.S. 36:254.4 and 258(M) and R.S. 42:1123.2(D)(6))