ENROLLED
2024 Regular Session
HOUSE BILL NO. 976 (Substitute for House Bill No. 306 by Representative Owen)
BY REPRESENTATIVES OWEN, AMEDEE, BILLINGS, CARRIER, ROBBY CARTER,
CHASSION, CREWS, DICKERSON, EGAN, FIRMENT, SCHAMERHORN,
TAYLOR, VENTRELLA, WILDER, AND WILEY
1 AN ACT
2 To amend and reenact the heading of Part VI of Chapter 5-G of Title 40 of the Louisiana
3 Revised Statutes of 1950 and R.S. 40:1300.51 and 1300.55, relative to minimum
4 standards for visitation policies at certain healthcare facilities; to require the
5 designation of an essential caregiver; to provide for the renaming of the "No Patient
6 Left Alone Law"; to repeal requirements for the publication of visitation policies;
7 and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The heading of Part VI of Chapter 5-G of Title 40 of the Louisiana
10 Revised Statutes of 1950 and R.S. 40:1300.51 and 1300.55 are hereby amended and
11 reenacted to read as follows:
12 PART VI. NO PATIENT LEFT ALONE DON SCOGGINS LAW
13 §1300.51. Short title
14 This Part shall be known and may be cited as the "No Patient Left Alone Don
15 Scoggins Law".
16 * * *
17 §1300.55. Provision of policies; publication Designation of an essential caregiver;
18 circumstances for visitation
19 A.(1) A facility shall submit a written copy of its visitation policies and
20 procedures to the health standards section of the Louisiana Department of Health at
21 the initial licensure survey. Any facility identified in R.S. 40:1300.53 shall allow
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 976 ENROLLED
1 in-person visitation by a designated essential caregiver daily in addition to any other
2 visitation provisions authorized by the facility. However, the provisions of this
3 Section shall not apply to licensed forensic psychiatric hospitals.
4 (2) After licensure, the facility shall make its visitation policies and
5 procedures available for review by the Louisiana Department of Health at any time,
6 upon request. In accordance with this Section, a resident, client, or patient of any
7 facility identified in R.S. 40:1300.53 may designate at least one visitor who is a
8 family member, friend, guardian, or other individual as a designated essential
9 caregiver.
10 (3) The designated essential caregiver shall not be required to provide
11 advance notice of the intent to visit the patient. The visits of the designated essential
12 caregiver as provided in this Section shall not be constrained for any reason other
13 than medical necessity, which shall include medical procedures and emergencies.
14 (4) The designated essential caregiver shall not be required to provide
15 necessary care to a resident, client, or patient of a facility. A facility providing such
16 care shall not require a designated essential caregiver to provide such care.
17 B. Within twenty-four hours after establishing the policies and procedures
18 required in accordance with this Part, the facility shall make its policies and
19 procedures easily accessible from the homepage of its website. The visitation
20 provisions of this Section may allow in-person visitation unless otherwise restricted
21 by law or by order of the court.
22 C. The Louisiana Department of Health shall dedicate a stand-alone page on
23 its website to explain the visitation requirements of this Part and provide a link to the
24 department's webpage to report complaints. The visitation policies and procedures
25 of any facility identified in R.S. 40:1300.53 shall require a designated essential
26 caregiver to agree in writing to follow such policies and procedures. A facility may
27 suspend in-person visitation for a designated essential caregiver if he violates the
28 facility's visitation policies and procedures.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 976 ENROLLED
1 D. Access to a religious or spiritual support person shall be included in
2 addition to the designated essential caregiver and in accordance with RS 40:2005.1.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.