Louisiana Revised Statutes 29:784 – Regulation of services during emergency
Terms Used In Louisiana Revised Statutes 29:784
- Emergency declaration: means a declaration of emergency issued by the governor under the authority of Louisiana Revised Statutes 29:782
- Entity: means a person other than an individual. See Louisiana Revised Statutes 29:782
- Health practitioner: means an individual licensed under the laws of this or another state to provide health services. See Louisiana Revised Statutes 29:782
- 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. See Louisiana Revised Statutes 29:782
- Host entity: means an entity operating in this state which uses volunteer health practitioners to respond to an emergency. See Louisiana Revised Statutes 29:782
- License: means authorization by a state to engage in health services that are unlawful without the authorization. See Louisiana Revised Statutes 29:782
- 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. See Louisiana Revised Statutes 29:782
- 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. See Louisiana Revised Statutes 29:782
- 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. See Louisiana Revised Statutes 29:782
- 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. See Louisiana Revised Statutes 29:782
A. While an emergency declaration is in effect, the Louisiana Department of Health may limit, restrict, or otherwise regulate:
(1) The duration of practice by volunteer health practitioners.
(2) The geographical areas in which volunteer health practitioners may practice.
(3) The types of volunteer health practitioners who may practice.
(4) Any other matters necessary to coordinate effectively the provision of health services during the emergency.
B. An order issued pursuant to Subsection A of this Section may take effect immediately and shall be promulgated as an emergency rule as provided in La. Rev. Stat. 49:962.
C. A host entity that uses volunteer health practitioners to provide health services in this state shall:
(1) Consult and coordinate its activities with the Louisiana Department of Health, to the extent practical, to provide for the efficient and effective use of volunteer health practitioners.
(2) Verify the identity of the volunteer health practitioner.
(3) Confirm that the volunteer health practitioner is registered with a registration system that complies with La. Rev. Stat. 29:785.
(4) Confirm that the registration system has verified the accuracy of information concerning whether a health practitioner meets the requirements of La. Rev. Stat. 29:786.
(5) Confirm that the volunteer health practitioner has not had a license revoked, suspended, or placed under the terms, conditions, or restrictions in any state according to the National Practitioner Data Bank which shall be queried before the volunteer health practitioner is permitted to begin work or as soon thereafter as is possible under the circumstances.
(6) Notify the appropriate state licensing authority of any adverse action against the volunteer’s privileges.
(7) Comply with any laws relating to the management of emergency health services.
D. A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner holds a license in good standing.
E. A secure registration card shall satisfy the requirements of Paragraphs (C)(2), (3), and (4) of this Section and may be used for verification of credentials by a host entity while an emergency declaration is in effect.
Acts 2009, No. 397, §1; Acts 2021, No. 211, §5.