Louisiana 2014 Regular Session

Louisiana Senate Bill SB302

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  
Refer
3/10/14  
Report Pass
4/15/14  
Report Pass
4/15/14  
Engrossed
4/22/14  
Refer
4/23/14  
Refer
4/23/14  
Report Pass
5/5/14  
Report Pass
5/5/14  
Enrolled
5/26/14  
Enrolled
5/26/14  
Chaptered
6/12/14  
Chaptered
6/12/14  
Passed
6/12/14  

Caption

Provides relative to medical consent and certain immunities. (8/1/14) (EN NO IMPACT See Note)

Impact

The passage of SB302 amends existing laws related to medical consent in Louisiana, allowing healthcare providers to act based on the reasonable belief that consent can be obtained from authorized parties. This change aims to mitigate delays in providing necessary medical treatment, particularly in emergencies where a patient cannot communicate their wishes. The bill also clarifies that healthcare facilities and providers are shielded from liability when they act in good faith regarding consent issues, unless medical malpractice occurs.

Summary

Senate Bill 302, known as the 'Medical Consent and Immunity Bill,' focuses on the legal framework regarding who can provide consent for medical treatments and procedures when the patient is unable to do so. It establishes a clear hierarchy of individuals authorized to consent, starting with the patient themselves, followed by legally appointed representatives, family members, and friends who exhibit genuine concern for the patient. Notably, this bill introduces adult friends as potential consent givers, reflecting a broader understanding of personal relationships in healthcare decisions.

Sentiment

Overall, the sentiment surrounding the bill appears to be supportive among healthcare professionals and advocates for patient rights. Proponents argue that the bill simplifies consent processes in medical settings, particularly when immediate decisions are crucial to patient welfare. However, there may be reservations regarding the adequate definition and standard for 'adult friends,' as it could lead to ambiguity in medical contexts based on individual interpretations of relationships.

Contention

A notable point of contention was the inclusion of adult friends in the hierarchy of consent givers, which some stakeholders felt could complicate the process rather than simplify it. Critics raised concerns about who qualifies as an 'adult friend' and the potential for disputes arising from differing interpretations of a friendship's significance in medical decisions. Additionally, the bill's implications for patient autonomy in cases where personal relationships become more complex were debated.

Companion Bills

No companion bills found.

Previously Filed As

LA HB415

Provides relative to medical consent for forensic medical examinations

LA SB164

Provides relative to discrimination. (8/1/14) (OR NO IMPACT See Note)

LA SB55

Provides for Medicaid transparency. (8/1/13) (EN NO IMPACT See Note)

LA HB899

Provides relative to the Hope for Louisiana Patients Law (EN NO IMPACT See Note)

LA SB532

Provides for the creation of the Veterans Court Program. (8/1/14) (EN SEE FISC NOTE GF EX See Note)

LA SB66

Provides relative to telehealth services. (1/1/24) (EN NO IMPACT See Note)

LA HB629

Provides with respect to informed consent for medical interventions (OR SEE FISC NOTE LF EX)

LA HB866

Provides relative to informed consent for medical treatment and creates the La. Medical Disclosure Panel

LA SB298

Provides relative to lease. (8/1/14) (OR NO IMPACT LF EX See Note)

LA HB636

Provides requirements for content and delivery of information regarding abortion in certain medical settings and revises criteria for voluntary and informed consent to an abortion (EN SEE FISC NOTE GF EX See Note)

Similar Bills

TX HB3162

Relating to advance directives, do-not-resuscitate orders, and health care treatment decisions made by or on behalf of certain patients, including a review of directives and decisions.

TX SB1724

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX SB1952

Relating to advance directives and health care treatment decisions made by or on behalf of patients, including a review of those directives and decisions.

TX HB3099

Relating to advance directives in Texas.

TX SB1944

Relating to end-of-life issues and hospice care.

TX HB1444

Relating to advance directives and health care and treatment decisions.

TX SB303

Relating to advance directives and health care and treatment decisions.

TX SB917

Relating to advance directives or health care or treatment decisions made by or on behalf of patients.