Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

            As used in this Chapter the following words, terms, and phrases shall have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:

            (1) “Affiliate” means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person.

            (2) “Declared emergency” means an event or condition that constitutes an emergency as defined in La. Rev. Stat. 29:723 or 727(D), or a public health emergency as defined in La. Rev. Stat. 29:762, and which has been the subject of an emergency declaration. The services authorized by this Chapter may be continued for up to thirty days following termination of a public health emergency if the Louisiana Department of Health deems that the need for such services continues to exist.

            (3) “Disaster preparedness or relief organization” means an entity that provides emergency preparedness services or disaster relief services that include health services provided by volunteer health practitioners, and that meets either of the following:

            (a) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or by the Governor’s Office of Homeland Security and Emergency Preparedness or the Louisiana Department of Health.

            (b) Regularly plans and conducts its activities in coordination with an agency of the federal government or with the Governor’s Office of Homeland Security and Emergency Preparedness or the Louisiana Department of Health.

            (4) “Emergency declaration” means a declaration of emergency issued by the governor under the authority of La. Rev. Stat. 29:724 or La. Rev. Stat. 29:766 or by any other official under the authority of La. Rev. Stat. 29:727(D).

            (5) “Emergency Management Assistance Compact” means the interstate compact approved by the United States Congress by Public Law No. 104-321, 110 Stat. 3877.

            (6) “Entity” means a person other than an individual.

            (7) “Health facility” means an entity licensed under the laws of this or another state to provide health services.

            (8) “Health practitioner” means an individual licensed under the laws of this or another state to provide health services.

            (9) “Health services” means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to a declared emergency, including:

            (a) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:

            (i) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care.

            (ii) Counseling, assessment, procedures, or other services.

            (b) Sale or dispensing of a drug, a device, equipment, or another item to an individual in accordance with a prescription.

            (c) Funeral, cremation, cemetery, or other mortuary services.

            (10) “Host entity” means an entity operating in this state which uses volunteer health practitioners to respond to an emergency.

            (11) “License” means authorization by a state to engage in health services that are unlawful without the authorization. The term includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity.

            (12) “License in good standing” or “licensed and in good standing” means a current, unrestricted license or other authority issued by the professional licensing authority of another state to provide the health services sought or to be rendered in this state during a declared emergency.

            (13) “Person” means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

            (14) “Secure registration card” means a secure form of identification which meets the following criteria:

            (a) Is built on nationally recognized standards-based security features and enrollment vetting and issuance processes.

            (b) Contains the name of the health practitioner and his license status and may contain other verified information.

            (c) Has been issued or sponsored by a licensing authority of any state or by a disaster preparedness or relief organization in conjunction with a registration system that complies with La. Rev. Stat. 29:785.

            (15) “Scope of practice” means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner’s services are rendered, including any conditions imposed by the licensing authority.

            (16) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

            (17) “State licensing authority” means a professional licensing board, agency, or commission with authority to license health practitioners in this state to provide the health services proposed to be provided by a volunteer health practitioner in response to a declared emergency, and which shall have administrative disciplinary jurisdictional authority over volunteer health practitioners with respect to their offering or provision of such health services in the state.

            (18) “Volunteer health practitioner” means a health practitioner who provides health services in this state for a host entity, whether or not the practitioner receives compensation for those services so long as the person who receives the health services does not pay and is not asked to pay directly or indirectly for the health services. The term does not include a practitioner who receives compensation pursuant to a preexisting employment relationship with a host entity or affiliate which requires the practitioner to provide health services in this state, unless the practitioner is not a resident of this state and is employed by a disaster preparedness or relief organization providing services in this state while an emergency declaration is in effect. The term does not include a practitioner who only provides veterinary services.

            Acts 2009, No. 397, §1.