HLS 25RS-240 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 197
BY REPRESENTATIVE MIKE JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MALPRACTICE/MEDICAL: Expands application of medical malpractice to include
physical therapist assistants and occupational therapist assistants
1 AN ACT
2To amend and reenact R.S. 40:1231.1(A)(10) and 1237.1(A)(9)(a)(ii)(introductory
3 paragraph), relative to medical malpractice; to expand the application of medical
4 malpractice to physical therapist assistants and occupational therapist assistants; to
5 add to the definition of "health care provider" and "state healthcare provider"; and
6 to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1231.1(A)(10) and 1237.1(A)(9)(a)(ii)(introductory paragraph)
9are hereby amended and reenacted to read as follows:
10 §1231.1. Definitions and general applications
11 A. As used in this Part:
12 * * *
13 (10) "Health care provider" means a person, partnership, limited liability
14 partnership, limited liability company, corporation, facility, or institution licensed
15 or certified by this state to provide health care or professional services as a physician,
16 hospital, nursing home, community blood center, tissue bank, dentist, a licensed
17 dietician or licensed nutritionist employed by, referred by, or performing work under
18 contract for, a health care provider or other person already covered by this Part,
19 registered or licensed practical nurse or certified nurse assistant, offshore health
20 service provider, ambulance service under circumstances in which the provisions of
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-240 ORIGINAL
HB NO. 197
1 R.S. 40:1237.1 are not applicable, certified registered nurse anesthetist, nurse
2 midwife, licensed midwife, nurse practitioner, clinical nurse specialist, pharmacist,
3 optometrist, podiatrist, chiropractor, physical therapist, physical therapist assistant,
4 occupational therapist, occupational therapist assistant, psychologist, social worker,
5 licensed professional counselor, licensed perfusionist, licensed respiratory therapist,
6 licensed radiologic technologist, licensed clinical laboratory scientist, or any
7 nonprofit facility considered tax-exempt under Section 501(c)(3), Internal Revenue
8 Code, pursuant to 26 U.S.C. 501(c)(3), for the diagnosis and treatment of cancer or
9 cancer-related diseases, whether or not such a facility is required to be licensed by
10 this state, or any professional corporation a health care provider is authorized to form
11 under the provisions of Title 12 of the Louisiana Revised Statutes of 1950, or any
12 partnership, limited liability partnership, limited liability company, management
13 company, or corporation whose business is conducted principally by health care
14 providers, or an officer, employee, partner, member, shareholder, or agent thereof
15 acting in the course and scope of his employment.
16 * * *
17 §1237.1. Definitions and general application
18 A. As used in this Part:
19 * * *
20 (9)(a) "State health care provider" or "person covered by this Part" means:
21 * * *
22 (ii) A person acting in a professional capacity in providing health care
23 services, by or on behalf of the state, including but not limited to a physician,
24 psychologist, coroner, and assistant coroner who is a licensed physician when acting
25 solely in accordance with the Behavioral Health Law as provided in R.S. 28:50 et
26 seq., provided that the premium costs of such malpractice coverage shall be the
27 responsibility of the coroner's office, dentist, a licensed dietician or licensed
28 nutritionist employed by, referred by, or performing work under contract for, a state
29 health care provider or other person already covered by this Part, registered nurse,
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-240 ORIGINAL
HB NO. 197
1 licensed practical nurse, nurse practitioner, clinical nurse specialist, pharmacist,
2 optometrist, podiatrist, physical therapist, physical therapist assistant, occupational
3 therapist, occupational therapist assistant, licensed respiratory therapist, licensed
4 radiologic technologist, licensed clinical laboratory scientist, social worker, hospital
5 administrator, or licensed professional counselor, who is either:
6 * * *
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 197 Original 2025 Regular Session Mike Johnson
Abstract: Adds "physical therapist assistant" and "occupational therapist assistant" to the
definition of "health care provider" and "state healthcare provider" for the purposes
of medical malpractice.
Present law (R.S. 40:1231.1(A)(10)) provides the definition of "health care provider" for the
purposes of medical malpractice.
Proposed law retains present law and adds "physical therapist assistant" and "occupational
therapist assistant" to the definition of "health care provider".
Present law (R.S. 40:1237.1(A)(9)(a)(ii)) provides the definition of "state health care
provider" for the purposes of medical malpractice for state services.
Proposed law retains present law and adds "physical therapist assistant" and "occupational
therapist assistant" to the definition of "state health care provider".
(Amends R.S. 40:1231.1(A)(10) and 1237.1(A)(9)(a)(ii)(intro. para.))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.