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LAJ summary of selected bills and effective dates
2012 Regular Session of the Louisiana Legislature

LAJ staff prepared this summary of selected bills of the 2012 Regular Session of the Louisiana Legislature from legislative instruments and digests posted on the website of the Louisiana Legislature.  For access to all the legislative instruments from the 2012 Regular Session, go to http://www.legis.la.gov/.

Art. 3, Sect. 19 of the Louisiana Constitution specifies that the effective date of an act of a regular session shall be August 1 of the calendar year in which the session was held, unless the instrument itself specifies a different effective date.

Please forward corrections, comments, questions, or other concerns to Tom Wright at LAJ by phone at 225-242-4837 or by email at twright@lafj.org
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Quick links:
  Practice and procedure
  Immunities
  Insurance
  Judiciary/courts
  Jurisdiction and venue
  Professional liability/malpractice
  Workers' compensation
  Environmental
  Other


Practice and procedure

Class action. Incorporates the Daubert discovery and admissibility of expert witness testimony evidence provisions of C.C.P. Art. 1425(F) into the certification of class actions process. Gives court discretion to change the deadlines for filing or hearing a motion as set forth in Art. 1425(F) provided deadlines are prior to or contemporaneous with the class certification hearing. (Amends C.C.P. Art. 592(A)(3)(a)(ii)) HB 12 Abramson. Act 115. Effective Aug. 1, 2012

Allows depositions made a part of a record on appeal to be attached in a reduced format or in an electronic format approved by the court. (Amends C.C.P. Art. 2128; adds C.C.P. Art. 2128.1) HB 112 Connick. Act 171. Effective Aug. 1, 2012

Adds that valid personal service on counsel of record, partner, or office associate also includes personal service on a secretary, receptionist, legal staff, administrative staff, or paralegal employed by the attorney at the address of record. (Amends C.C.P. Art. 1314(B)) HB 132 Ligi. Act 242. Effective Aug. 1, 2012

Law Institute. Revises the laws on expropriation relative to the state, political subdivisions, and nonpublic legal entities having the authority to expropriate, including requirements as to notice, compensation, and attorney fees. (Amends R.S. 19:2, 2.1(A)(2), 2.2(A) and (2) and (B), 5(B) and (C)(6), 6, 7, 8(A) and (B), 9, 12, 14(B), and 201; adds R.S. 19:2.2(C), 8(E), and 16; repeals R.S. 9:3176-3191) HB 274 Foil. Act 702. Effective Aug. 1, 2012

Extends the period within which to file a special motion to strike from sixty days to ninety days of service of the petition. Authorizes the filing of a special motion to strike if the plaintiff dismisses his action prior to the running of the delays to file an answer. (Amends C.C.P. Art. 971(C)) HB 368 Thompson, J. Act 449. Effective Aug. 1, 2012

Law Institute. Revises the Uniform Commercial Code - Secured Transactions in order to maintain national uniformity. (Amends R.S. 10:9-102(a)(7)(B), (10), (50), and (68)-(80), 9-105, 9-307(f) and (2), 9-311(a) and (3), 9-317(b) and (d), 9-326, 9-406(e), 9-408(b), 9-503(a)(1)-(4), and (b) and (2), 9-507(c), 9-515(f), 9-516(b)(3)(B) and (C), and (5), 9-518(a), (b) and (2), and (c), 9-523(g); Adds R.S. 10:9-102(a)(81), 9-316(h) and (i), 9-503(a)(5) and (6), and (f)-(h), 9-518(d) and (e), and 9-801-9-809) HB 369 Foil. Act 450. Effective July 1, 2013

Consolidation for trial. Deletes the requirement of written consent of each section or division of the court in order to consolidate actions pending in the same court and adds authorization to waive the contradictory hearing upon consent of all of the parties. (Amends C.C.P. Art. 1561(A)) HB 400 Foil. Act 194. Effective Aug. 1, 2012

Adds $25 recording fee for judgment or liens that do not contain the last four digits of the judgment debtor’s Social Security number for purposes of affidavits of distinction. (Adds C.C.P. Art. 1922(C)) HB 405 Danahay. Act 20. Effective July 1, 2012

Repeals provision authorizing a testator to designate in his will an attorney to handle his estate. (Repeals R.S. 9:2448) HB 439 Abramson. Act 125. Effective Aug. 1, 2012

Requires the notice of seizure in judgment debtor cases to be in a form that is substantially similar to that required in general seizure cases. (Amends C.C.P. Art. 2293(B)(1)) HB 453 Abramson. Act 395. Effective Aug. 1, 2012

Summary judgment. Requires court ruling on a motion for summary judgment to consider only evidence admitted for purposes of the motion for summary judgment. Specifies that the court shall not allocate fault to a party or nonparty when the court grants a summary judgment that the party or nonparty is not at fault. Further, provides that evidence shall not be admitted at trial to establish the fault of that party or nonparty nor shall the issue of that party or nonparty’s fault be either submitted to the jury or included on the jury verdict form. (Amends C.C.P. Art. 966(B), (E), and (F)) HB 459 Abramson. Act 257. Effective Aug. 1, 2012

Forum non conveniens/class action/lis pendens/domicile. Specifies procedures for the transfer of class actions regarding a transaction or occurrence at the same location and class actions regarding transactions or occurrences in different locations.

Further provides that within thirty days of the certification of a class by a different Louisiana court regarding the same transaction or occurrence, any court where a related putative class action is pending may, upon contradictory motion, in the interests of justice, and for good cause shown, transfer the putative class action to the district where the related action has been certified. Defines the domicile of a juridical person as either the state of its formation or the state of its principal place of business, whichever is most pertinent to the particular issue, unless otherwise specifically provided by law. Act is prospective only and does not apply to any action pending prior to the effective date. (Amends C.C.P. Art. 123(A) and C.C. Art. 38; adds C.C.P. Arts. 593.1, and 593.2) HB 464 Abramson. Act 713. Effective Aug. 1, 2012

Law Institute. Revises Civil Code articles relative to the rent of lands and annuities. (Amends Title X of Book III of the Civil Code to consist of C.C. Arts. 2778-2791) HB 466 Abramson. Act 258. Effective Jan. 1, 2013

Law Institute. Provides for the continuous revision of the Code of Civil Procedure. Art. 966(B) (Motion for summary judgment; procedure) is amended to encourage the court upon a request of a party to state reasons on the record for denying a motion for summary judgment. Art. 686(B) (Unemancipated minor) removes the words “appointed by a court of this state” in order to conform with Art. 4061.1, which provides that a natural tutor may file an action for damages based on a delictual obligation without obtaining court approval. (Amends C.C.P. Arts. 683(B), 966(B), 1313(C), 2166(E), and 5188; adds C.C.P. Art. 1313(D)) HB 474 Abramson. Act 741. Effective Aug. 1, 2012

Law Institute. Revises the Louisiana Trust Code general rule for trusts created for mixed private and charitable purposes. (Amends R.S. 9:1951; adds R.S. 9:1953) HB 476 Abramson. Act 742. Effective Aug. 1, 2012

Medical records. Adds notice requirements and penalty for violations of provisions governing the retrieval and reproduction of medical records. Assesses a civil penalty of $500 per violation plus attorney fees and costs if the provider fails to comply within fifteen days. (Adds R.S. 40:1299.96 (A)(2)(b)(iii)) HB 687 Greene. Act 756. Effective Aug. 1, 2012

Law Institute. Revises the Civil Code articles relating to counterletters and simulation. Clarifies the law relating to counterletters and simulation and provides for instances when counterletters can have effects. (Amends C.C. Arts. 1848 and 2028; adds C.C. Art. 1849; repeals C.C. Art. 2444) HB 764 Abramson. Act 277. Effective Aug. 1, 2012

Sherriff notice of seizure. Provides that additional notice of rescheduled sale dates is not required. (Amends R.S. 13:3852(A); adds R.S. 13:3852(C)) HB 940 Abramson. Act 504. Effective Aug. 1, 2012

Provides that properly certified reproductions of business records and financial institution records shall be received in evidence as though they were original documents. (Amends R.S. 13:3733(D) and 3733.1(C) and (G)(1)(a) and C.C.P. Art. 2636(5)(b)) HB 948 Seabaugh. Act 505. Effective Aug. 1, 2012

Authorizes the use of electronic means to notify parties of decisions or orders in adjudication proceedings conducted pursuant to the Administrative Procedure Act. (Amends R.S. 49:958 and 964(B)) HB 1090 Ligi. Act 289. Effective May 25, 2012

Allows courts of appeal to provide notices of judgments electronically via email or facsimile. (Amends C.C.P. Arts. 2166 and 2167 and Ch.C. Art. 1143 (C)(1), (2), and (3) and (D)(1); adds Ch.C. Art. 1143(E); Repeals R.S. 13:4446) HB 1145 Foil. Act 290. Effective Jan. 1, 2013

Extends from five days to seven days the time period after fax filing within which a party must file the original document with the court. (Amends R.S. 13:850(B)) HB 1150 Hunter. Act 826. Effective Aug. 1, 2012

Authorizes the court to appoint as a private process server a juridical person, which may then select an employee or agent to perfect service of process. (Adds C.C.P. Art. 1293(C)) HB 1168 Burns, T. Act 521. Effective Aug. 1, 2012

Small succession. Defines “small succession” as the succession or the ancillary succession of a person who at any time has died leaving property in Louisiana having a gross value of $75,000 or less valued as of the date of death or, if the date of death occurred at least twenty-five years prior to the date of filing of a small succession affidavit, leaving property in Louisiana of any value. Deletes the requirement to include an attachment consisting of certified copies of the testament and the probate order of another state if the affidavit is being used in lieu of an ancillary probate proceeding. Provides for the procedures and content for filing an affidavit for a small succession for a person who is domiciled outside of Louisiana and who died testate. (Amends C.C.P. Arts. 3421, 3431(A) and 3432(A)(8) and (9); adds C.C.P. Art. 3432.1; repeals C.C.P. Art. 3422.1(G) and 3432(A)(10)) SB 70 Murray. Act 618. Effective June 7, 2012

Amends the advance directive statute to conform with the general consent statute regarding the authorized persons order of priority. (Amends R.S. 40:1299.58.5(A)(2)(a) and (b) and (3)) SB 114 Mills. Act 353. Effective Aug. 1, 2012

Peremptive periods for actions involving survey, design, and construction of immovables. Adds exception that if, within the five-year peremptive period, a claim is brought arising out of planning, construction, design, or building of immovable or movable property, then that person or entity has ninety days from date of service of the main demand or, in the case of a third-party defendant, ninety days from service of the third-party demand, to file a claim for contribution, indemnity, or a third-party claim against any other party. (Amends R.S. 9:2772(A), (B)(3), and (E); adds R.S. 9:2772(A)(1)(c)) SB 258 Appel. Act 762. Effective Aug. 1, 2012

Service of process. Allows the secretary of state to obtain service of process by certified mail and removes requirement that return receipt be requested. (Amends R.S. 9:3424(B), R.S. 13:3471(1)(c), R.S. 22:177(B), 335, and 442(B), and R.S. 45:200.8(B)) SB 263 Martiny. Act 544. Effective Aug. 1, 2012

Service on the state. Provides that service requested upon the attorney general within ninety days of filing suit is sufficient to comply with the requirements of R.S. 13:5107(D) and C.C.P. Art. 1201(C) concerning timely request for service and failure to make timely request. However, defendant served through the attorney general is not required to answer until the additional service required upon the department, board, commission, or agency head has been made. (Amends R.S. 13:5107(A)) SB 308 Murray. Act 770. Effective June 12, 2012

Allows bank presented with an original or certified true copy of a power of attorney to rely on the authority designated in the power of attorney as being in full force and effect, unless the bank receives written notice that it has been terminated or revoked. Provides that the bank is not liable for transactions or activity by an agent occurring prior to the receipt of written notice and a reasonable opportunity to act on it. (Adds R.S. 6:356) SB 316 Martiny. Act 323. Effective Aug. 1, 2012

Changes the offer of judgment time period from thirty days to twenty days before date of trial. (Amends C.C.P. Art. 970(A)) SB 429 Nevers. Act 557. Effective Aug. 1, 2012

Provides that, upon motion of the district attorney in a criminal proceeding, a court having jurisdiction over any related pending civil action or proceeding may, in the interests of justice and for good cause shown after a contradictory hearing, stay all or a portion of discovery sought in the civil action or proceeding. Good cause includes a finding by the court that such discovery will adversely affect the ability of the district attorney to conduct a related criminal investigation or the prosecution of a related felony criminal case. Further provides that the time during which the civil proceeding is stayed shall not be used to compute the three-year abandonment period of the civil matter. Does not apply to petitions or proceedings for divorce, custody, child support, visitation, and protective orders. (Adds C.C.P. Art. 1426.1) SB 506 Claitor. Act 664. Effective Aug. 1, 2012

Allows service by certified mail with return receipt requested for justice of peace courts. Provides that if the return receipt reply form is signed by the addressee who is the defendant, it is considered personal service. A receipt signed by a person other than the defendant is considered domiciliary service. (Adds C.C.P. Art. 4919(D)) SB 509 Claitor. Act 666. Effective Aug. 1, 2012

Prohibits the issuance of a subpoena or court order that requires a judge or his representative to appear or testify in any civil, criminal, or juvenile matter, including pretrial discovery or administrative hearing, without a contradictory hearing to determine if the information is protected from disclosure by the judicial deliberative process privilege. Extend to any judge of any court provided for by Article V of the Louisiana Constitution and to any commissioner or special master of such court. (Adds C.E. Art. 519) SB 596 Kostelka. Act 563. Effective June 5, 2012

Requests the Louisiana State Law Institute to study laws governing peremptory exceptions and civil liability immunity and make specific recommendations as to whether immunity should be added as a peremptory exception. Requests the Law Institute to report its findings and make recommendations in the form of specific proposed legislation to the legislature on or before Jan. 1, 2013. HCR 13 Burns, T.

Requests the Louisiana State Law Institute to study jury trial procedures in order to create an expedited or summary jury trial and to make specific recommendations for legislation. Study to include expedited or summary jury trial based on a federal model with key features such as short, time-limited trials; relaxed rules of evidence; smaller juries; fewer witnesses testifying; and more control given to the attorneys who participate by mutual consent. Requests the Law Institute to report its findings and recommendations in the form of specific proposed legislation to the legislature on or before Jan. 1, 2014. HCR 81 Huval

Requests the Louisiana State Law Institute to study the testamentary disposition of the right to bring a survival action pursuant to C.C. Art. 2315.1 and to report its findings and recommendations in the form of specific proposed legislation to the legislature on or before Jan. 1, 2013. HCR 131 Lopinto

Requests the Louisiana State Law Institute to study procedures relative to the abandonment of civil actions and to report its findings and recommendations in the form of specific proposed legislation to the legislature on or before Jan. 1, 2014. Specifically notes that inaction by a judgment creditor may sometimes be due to his inability to serve a sophisticated judgment debtor who is intentionally avoiding service of process. HCR 134 Foil

Requests Louisiana State Law Institute to study certain aspects of civil jury trial procedure and to submit its findings or recommended legislation to the legislature not later than Feb. 1, 2013. Requests the study include whether a sliding scale should be instituted providing the required number of jurors to be based upon the amount in dispute; modifying present trial procedures and evidentiary requirements for jury trials having a smaller number of jurors; including increased use of stipulated documents and summaries of testimony without the necessity of subpoena; greater interaction between jurors, attorneys, and witnesses who do testify; and using panels instead of jurors under certain circumstances to serve as the trier of fact or authorizing under certain circumstances the use of summary jury trials with binding effects upon the parties. SCR 108 Murray



Immunities

Worker’s Compensation Advisory Council and Medical Advisory Council members are immune from individual liability for policy recommendations or policy actions by the council, unless the damage is caused by the member’s willful or wanton misconduct. Prohibits use of civil or administrative subpoena related to a recommendation or exercise of judgment as a member of the council. Extends the prohibition to discovery, both written and oral. (Adds R.S. 23:1203.1(O) and 1294(C)) HB 126 Dixon. Act 573. Effective Aug. 1, 2012

Immunity for school district, school, and school employee providing required Internet and cell phone safety instruction unless statement or action by a school employee is maliciously, willfully, and deliberately intended to cause bodily harm to a student or to harass or intimidate a student. (Amends R.S. 17:280; adds R.S. 17:3996(B)(30)) HB 236 Hodges. Act 384. Effective Aug. 1, 2012

Adds schools, churches, and civic organizations to the list of groups immune for damages from donated food. (Amends R.S. 9:2799(A)(1) and 2799.3) HB 904 Hunter. Act 423. Effective Aug. 1, 2012

Requires release of group health insurance claims data upon request of the group policyholder or his agent not less than ninety days prior to renewal of a group policy. Insurer may condition the disclosure upon the execution of an agreement for immunity from civil liability. Health and accident insurer that provides data is immune from civil liability for any acts or omissions of any person’s subsequent use of the information. (Adds R.S. 22:978(E) and (F)) HB 989 Huval. Act 217. Effective Jan. 1, 2013

Creates a crime prevention and improvement district within the parish. Requires the district to indemnify its officers and board. Limits individual liability for acts or omissions arising out of the performance of duties. HB 107 Richardson. Act 170. Effective May 22, 2012 (EBRP, adds R.S. 33:9097.13). HB 145 Bishop, W. Act 575. Effective June 7, 2012 (Orleans, adds R.S. 33:9091.19). HB 254 Brossett. Act 182. Effective May 22, 2012 (Orleans, adds R.S. 33:9091.19). SB 395 White. Act 654. Effective Aug. 1, 2012 (EBRP, adds R.S. 33:9097.13)

Immunity for damages related to the collection, analysis, and reburial of exposed human skeletal remains from municipal and abandoned cemeteries. Immunity extends to parties acting without malice and in the reasonable belief that the action taken is warranted. (Adds R.S. 8:663) SB 187 Dorsey-Colomb. Act 631. Effective Aug. 1, 2012

Adds public libraries to the crime of “unlawful presence of a sex offender.” Requires each governing board of each public library to develop and implement a plan to regulate access of sex offenders to the public library property. Provides that any public servant, including any head librarian, member of a governing board of a public library, staff, and volunteer of a public library, and the state of Louisiana, who acts in good faith in compliance with this statute is immune from civil and criminal liability for his actions in connection with any injury or claim arising from a sex offender being present on public library property. (Amends R.S. 14:91.2(D) and (E); adds R.S. 14:91.2(A)(5) and (6) and (F)) SB 753 Erdey. Act 693. Effective Jan. 1, 2013



Insurance

Repeals statute that prohibited insurers from contracting with any company for insurance repairs where the insurer and repair company would agree to a price for repair that would allow the insurer to retain a percentage of the repair costs. Further repeals statute that prohibited insurers from establishing a contract or agreement with any individual or company to manage, subcontract, broker, or arrange insurance repair for any glass repair or replacement on a motor vehicle. See Globe Glass & Mirror Co. v. Brown, 917 F. Supp. 447 (E.D. La 1996). (Repeals R.S. 22:1965 and 1966) HB 308 Thierry. Act 78. Effective Aug. 1, 2012

Requires persons, including a lienholder, with an interest in loss of any property to be notified of reinstatement of a policy covering that property. (Amends R.S. 22:887(I)) HB 492 Huval. Act 198. Effective Aug. 1, 2012

Requires prompt payment of long-term care insurance claims, including defining the term “clean claim,” requiring interest on unpaid clean claims after forty-five days, and making certain flagrant violations unfair trade practices. (Adds R.S. 22:1188.1) HB 564 Johnson. Act 91. Effective Aug. 1, 2012

Requires that any person, company, or legal entity that suspects that a fraudulent act, not only a claim, will be, is being, or has been committed must report such suspicion to the insurance fraud section. (Amends R.S. 22:1926(A)) HB 569 Hunter. Act 201. Effective Aug. 1, 2012

Makes numerous technical changes to the Louisiana Insurance Code, including correction of citations, updates of terms and language, reorganization of provisions, and elimination of obsolete or ineffective provisions. (See act for cites.) HB 595 Cromer. Act 271. Effective Aug. 1, 2012

Requires for-hire carriers of railroad employees to obtain and be able to show proof of financial responsibility. Further requires that vehicles designed to carry fifteen or fewer persons maintain hit and run, uninsured, and underinsured motor vehicle coverage in a total amount of not less than $500,000 per passenger. Provisions do not apply to any railroad company using vehicles owned by the railroad company and operated by railroad employees to transport railroad employees in the course of their employment. (Adds R.S. 32:900.1) HB 857 Johnson. Act 807. Effective Aug. 1, 2012

Prohibits public adjusters from acting as appraisers on claims they are adjusting. (Adds R.S. 22:1706(H)(10)) SB 146 Long. Act 309. Effective Aug. 1, 2012

Citizens. Adds Louisiana Citizens Property Insurance Corporation to the list of entities that are not required to furnish a bond in any judicial proceedings arising from the scope and course of their duties and employment. Applies prospectively and does not affect any action pending or claim arising prior to the effective date. Further, extends to Aug. 15, 2014, an exemption that makes Citizen’s rates, rating plans, and rate rules inapplicable to St. Mary Parish and some eleven other parishes. (Amends R.S. 13:4581 and R.S. 22:2303(D)(1)) SB 204 Morrish. Act 632. Effective (See act.)

Permits the commissioner of insurance to issue cease and desist orders for Insurance Code violations. (Amends R.S. 22:18(A)) SB 232 Broome. Act 319. Effective Aug. 1, 2012



Judiciary/courts

Adds authority to create a section or division for violent crimes, homicides, misdemeanors, and traffic offenses in the Fourth Judicial District Court. Adds authority for any judicial district court to create a section or division for misdemeanors and traffic offenses. (Amends R.S. 13:587.2(A) and 587.4(A)) HB 592 Morris, Jay. Act 270. Effective May 25, 2012

Reapportionment. Provides for the composition of the Twenty-fourth Judicial District Court. Signed by governor June 1, 2012. Effective in part on Jan. 1, 2015. (Amends R.S. 13:477(24) and 621.24) HB 767 Jackson, G. Act 457. Effective (See act.)

Repeals provisions of law consolidating the Civil and Criminal district courts and the Juvenile Court of Orleans Parish into the Forty-First Judicial District Court. Also repeals the provisions of law merging the office of the clerk of each of those courts into one clerk’s office. (Amends R.S. 13:477, 691(A), 1306, 1307, 1311, 1312, 1381.2, and 1594, and R.S. 44:181; adds R.S. 13:1213.2; repeals R.S. 13:474.1, 477(41), 621.41- 621.46, 714.1, 714.2, 751.1, 751.2-751.5, 841.3, 983, 996.62-996.64, R.S. 44:181.5 and 181.6, and Sections 6, 8, 9, 22, and 31 of Act No. 621 of 2006) SB 625 Murray. Act 474. Effective Aug. 1, 2012



Jurisdiction and venue

Increases the jurisdictional amount for the City Court of Slidell from $35,000 to an amount that does not trigger the right to demand a jury trial ($50,000 exclusive of interest and costs, C.C.P. Art. 1732(1)). (Amends C.C.P. Art. 4843(E) and (H)) HB 66 Cromer. Act 166. Effective Aug. 1, 2012

Expands the venue provisions in justice of the peace courts to be concurrent with other courts of limited jurisdiction. (Amends C.C.P. Art. 4916) HB 426 Morris, Jay. Act 392. Effective Aug. 1, 2012

Changes venue for a foreign corporation or foreign limited liability company licensed to do business in this state from the parish where its “primary business office” is located to the parish where its “principal business establishment” is located. (Amends C.C.P. Art. 42(4)) HB 462 Abramson. Act 126. Effective Aug. 1, 2012

Increases the jurisdictional amount in dispute in a small claims division of city court from $3,000 to $5,000. (Amends R.S. 13:5202(A)) HB 777 Foil. Act 209. Effective Aug. 1, 2012

Increases the civil jurisdictional amount for the city courts of Abbeville and Kaplan from $25,000 to $35,000. (Amends C.C.P. Art. 4843(E) and (G)) SB 457 Perry. Act 331. Effective Aug. 1, 2012



Professional liability/malpractice

Requires the name of only one patient be included in a request for review of a malpractice claim. If the claim involves the care of a pregnant mother and her unborn child, the naming of the mother as the patient shall suffice. Requires return to claimant of any untimely filed filing fees. Provides that a health-care provider may raise any peremptory exception in a civil action without first completing the review process with the review panel. Amends the time limitations within which surcharges become payable to the Patient’s Compensation Fund from forty-five days to thirty days and designates an agent of an insurer as a proper party to remit the surcharge. (Amends R.S. 40:1299.39.1(A)(1)(b)(ii) and (B)(2), 1299.44(A)(3), (D)(2)(b)(xiv) and (5), 1299.47(A)(1)(b)(ii) and (B)(2) and (3); adds R.S. 40:1299.39.1(A)(6) and 1299.47 (A)(6); repeals R.S. 40:1299 (A)(7)(e)) HB 766 Ligi. Act 802. Effective Aug. 1, 2012

Informed consent. Recreates the Louisiana Medical Disclosure Panel within the Department of Health and Hospitals (DHH). Rescinds the duties from the DHH secretary and assigns them to the panel. Provides that all existing medical disclosure lists duly promulgated by either a prior medical disclosure panel or the DHH secretary remain effective and shall be deemed to have been promulgated by the panel until such time as those lists may be updated and repromulgated. (Amends R.S. 36:802 and R.S. 40:1299.39.5-1299.39.7, 1299.58(C), 1299.131(A)(3), and 1300.11; adds R.S. 36:259(MM), repeals R.S. 40:1299.40) HB 866 Abramson. Act 600. Effective June 7, 2012. SB 239 Murray. Act 759. Effective June 12, 2012

Adds that nothing in medical consent law nor declarations concerning life-sustaining procedures provisions shall be construed to condone, authorize, or approve assistance to suicide, mercy killing, or euthanasia. (Amends R.S. 40:1299.55 and 1299.58.10(A) HB 1086 Seabaugh. Act 715. Effective Aug. 1, 2012

Clarifies duties of health-care providers related to communicable diseases. Provides that no rule or regulation shall impose or create any general duty to warn third parties upon any health-care provider who has complied with the applicable reporting requirements for communicable diseases as set forth in the Sanitary Code. (Amends R.S. 40:4(A)(2)) SB 86 Buffington. Act 620. Effective June 7, 2012

Provides that Medical Malpractice Act governs any cause of action for the unintentional acts or omissions arising from resuscitating a patient who has a declaration concerning life-sustaining procedures executed pursuant to 40:1299.58.1, et seq., a Louisiana Physician Order for Scope of Treatment executed pursuant to 40:1299.64.1, et seq., or a do not resuscitate order. Prospective only. (Adds R.S. 40:1299.41(L)) SB 176 Buffington. Act 538. Effective June 5, 2012

Epinephrine. Requires governing authority of each public elementary and secondary school to adopt a policy authorizing a school nurse or trained school employee, under a standing protocol from a physician, to administer auto-injectable epinephrine to respond to a student’s anaphylactic reaction. Allows school to maintain a supply of auto-injectable epinephrine at the school in a locked, secure, and easily accessible location. (Adds R.S. 17:436.1(K)) SB 119 Morrell. Act 624. Effective June 7, 2012

Diabetes. Provides for the care of students with diabetes enrolled in all public and nonpublic elementary and secondary schools. Requires a diabetes management and treatment plan to be submitted by each student with diabetes who seeks care while at school or participating in a school-related activity. No physician, nurse, school employee, school, or school district is liable for civil damages or subject to disciplinary action under professional licensing regulations or school disciplinary policies as a result of diabetes-related health-care services. (Adds R.S. 17:436.3) SB 119 Morrell. Act 858. Effective June 14, 2012

Doctor/midwife practitioners. Provides that no health-care provider, except physicians as defined by Medicare, can use the title “doctor” or the abbreviation “Dr.” while providing direct patient care without using a suffix to denote either the type of professional license held by the health-care provider or the degree to which he is entitled by reason of his diploma of graduation from a school or other entity, professional or otherwise. Also, revises statutory provisions relative to the Midwife Practitioners Act. Defines the scope of practice as it relates to requirements for physician evaluations and examinations and risk management physician referrals for purposes of determining whether a patient is a low-risk patient capable of being cared for by a licensed midwife. Authorizes the issuance of a midwifery license to applicants who are members of the North American Registry of Midwives or other midwifery certifying organizations approved by the Louisiana State Board of Medical Examiners. In addition, authorizes the board to accept the examination administered by the North American Registry of Midwives as a qualifying examination for purposes of midwifery licensure. Establishes professional liability and immunity for physicians performing risk assessments and specifies that such risk assessment does not create a physician-patient relationship.  (Amends R.S. 37:3241(8), 3244(C), 3245(D)(1), and 3248; adds R.S. 37:1743.1, 3241(15)  and (16), 3244(D), 3255(D), 3258, and 3259) SB 320 Martiny. Act 772. Effective Aug. 1, 2012

Amends the emergency medical services provisions with respect to practitioner students and disciplinary proceedings. Provides for qualifying emergency medical services practitioner students to perform specific functions. Provides when a life-threatening situation is present and communication with a physician is not possible, the emergency medical services practitioners may render service in accordance with an established protocol. Removes the specific list of medical conditions. Adds health-care professionals who may provide services and attend to a patient on an ambulance to include licensed respiratory therapist, a licensed nurse practitioner, a licensed physician assistant, or a licensed occupational therapist. (Amends R.S. 36:919.4, R.S. 40:1231, 1231.1(A), 1232(A) and (B), 1232.1(A) and (B), 1232.2(B)(1)(b) and (d), (B)(2), and (G), 1232.3(A)(2), (3), and (B), 1232.4(1), (3), and (5), 1232.5, 1232.6, 1232.6(1), (2), and (12), 1232.7(D) and (E), 1232.9, 1232.11, 1233, 1234, 1235(A)(1), (2)(a), (c), and (d), 1235.1(A), 1236, 1236.13(B) and (F), 1299.58.2(3), 1299.58.7(E), 1299.58.8(D), 1299.64.2(2), 1299.64.4(D), and 1299.64.5(B); adds R.S. 40:1232.4(10) and 1232.6(15); repeals R.S. 40:1236.3, 1299.58.2(4), and 1299.64.2(3)) SB 500 Buffington. Act 789. Effective June 13, 2012



Workers’ Compensation

Allows a case manager or vocational rehabilitation counselor to send a summary of communication to the employee or his representative by email if the employee or his representative consent in writing. (Amends R.S. 23:1127(C)(3)) HB 298 Broadwater. Act 76. Effective Aug. 1, 2012

Requires payors responsible for medical expenses to make claim and payment data available to the office of workers’ compensation administration to review for fraud detection. (Amends R.S. 23:1293(A)(1); adds R.S. 23:1291.2) HB 498 Dixon. Act 88. Effective Aug. 1, 2012

Provides for a $75,000 lump sum death benefit to the employee’s surviving biological and adopted children who are over the age of majority in the event the employee leaves no legal dependents. Clarifies that a minor child with a valid child support order is entitled to death benefits, regardless of whether child support is actually being paid. (Amends R.S. 23:1231(B)(2); adds R.S. 23:1231(B)(3) and 1251(3)) HB 737 Broadwater. Act 99. Effective Aug. 1, 2012

Provides for a $75,000 lump sum death benefit to the employee’s surviving biological and adopted children who are over the age of majority in the event the employee leaves no legal dependents. Clarifies that a minor child with a valid child support order is entitled to death benefits, regardless of whether child support is actually being paid. Adds that regardless of dependency, no payment shall be made to the concubine of the deceased employee nor to the child of a concubine unless the child is related to the deceased employee by blood or adoption. (Amends R.S. 23:1231(B)(2), 1253; adds R.S. 23:1251(3)) SB 520 Broome. Act 793. Effective Aug. 1, 2012

Requires the insurer or the administrator of the employer’s workers’ compensation claims, upon receipt of the first report of injury, to submit the data in electronic format to the office of workers’ compensation administration. (Amends R.S. 23:1306(B)) HB 931 Bishop, S. Act 141. Effective Aug. 1, 2012

Eliminates current medical treatment of employee as a basis for an office of workers’ compensation-appointed independent medical examination. Also, allows payors to use utilization review companies to assist in determining whether medical treatment should be authorized. (Amends R.S. 23:1123, 1142(A) and (B)(1), 1203(E), 1307, and 1317.1(A)) SB 367 Riser. Act 235. Effective Aug. 1, 2012

Allows office of workers’ compensation administration to develop rules and regulations for electronic billing for medical services and reduces the time for payment from sixty days to thirty days if the health-care provider bills the payor electronically. (Amends R.S. 23:1201(E); adds R.S. 23:1203.2(D)) SB 386 Ward. Act 652. Effective July 1, 2013

Extends prescriptive period for developing injury claims from two years to three years from the date of accident. However, if the claim is filed more than two years after the accident, the claimant is only entitled to six months of temporary total disability benefits and payment of TTD does not interrupt or toll prescription on any other type of disability benefit. (Amends R.S. 23:1209(A)(3); adds R.S. 23:1209(A)(4)) SB 430 Murray. Act 783. Effective Aug. 1, 2012

Adds a preamble to the Louisiana Worker’s Compensation Law that recites the legislative purpose and provides that disputes shall be determined on their merits, favoring neither the employee or employer, and that the statutes shall be interpreted under the basic principles of statutory construction and not liberally construed to favor the injured worker or the employer. Provides for a workers’ compensation judge who will conduct telephone hearings on the limited issue of the correct calculation of the injured workers’ average weekly wage for the purpose of calculating compensation benefits. Sets forth procedure in which the employer will send a proposed average weekly wage to the injured employee on a “notice of payment” form. If the employee objects, the employer can then request a preliminary hearing with this special judge, which will be conducted by telephone on a limited basis. After the judge has made a recommendation regarding the correct average weekly wage and compensation rate, the worker can then file a disputed claim for compensation if there is still a disagreement. The employer will not be subject to penalties and attorney’s fees if it accepts the recommendation. Provides that employer is permitted to file a disputed claim to controvert benefits or concerning any other dispute arising under workers’ compensation law. Also, provides for higher burial expenses, payment of supplemental earnings benefits on a weekly or bi-weekly basis, and an increase of the lump sum payment for catastrophic injuries from $30,000 to $50.000. (Amends R.S. 23:1201(F) and (H), 1210(A), 1221(3)(a) and (4)(s)(i), 1224, and 1314; adds R.S. 23:1020.1 and 1314(D) and (E)) SB 763 Donahue. Act 860. Effective Aug. 1, 2012

Provides that provisions for forfeiture of benefits while incarcerated do not apply to medical expenses incurred when an employee is injured during work release or a transitional work program. (Amends R.S. 23:1201.4) HB 1083 Pylant. Act 610. Effective Aug. 1, 2012



Environmental

Legacy lawsuits. Provides for the development of an environmental management order in civil actions alleging environmental damage. Requires order to provide terms for access to the affected property, investigation and environmental testing, sampling and testing protocols, and time frames for testing and sampling. Provides relative to admissions of liability for environmental damage. Act does not apply to any case in which the court on or before May 15, 2012, has issued or signed an order setting the case for trial. (Adds C.C.P. Arts. 1552 and 1563) HB 618 Abramson. Act 754. Effective Aug. 1, 2012

Provides for rules and regulations requiring operators to disclose the additives and ingredients in fracturing fluid. (Adds R.S. 30:4(L)) HB 957 Edwards. Act 812. Effective Aug. 1, 2012

Louisiana Oil Spill Prevention and Response Act. Provides relative to contracts entered into by the oil spill coordinator, entry on to vessels by the coordinator, and to provide for a study of the Oil Spill Contingency Fund. (Amends R.S. 30:2456(E); adds R.S. 30:2456(D)(3)) HB 1211 St. Germain. Act 832. Effective Aug. 1, 2012

Requires the commissioner of conservation to promulgate rules to require an operator, agent, or assigns to provide a single thirty-day “pre-entry” notice to the surface owner of land where drilling operations will be conducted. (Adds R.S. 30:28(I)) SB 525 Allain. Act 795. Effective Aug. 1, 2012

Legacy lawsuits. Provides for the remediation of oilfield sites and exploration and production sites. Act does not apply to any case in which the court on or before May 15, 2012, has issued or signed an order setting the case for trial. (Amends R.S. 30:29(C)(1), (2), and (3); adds R.S. 30:29(B)(5), (6), (7), and (L)) SB 555 Adley. Act 779. Effective Aug. 1, 2012



Other

Expresses condolences upon the death of Joseph Jerome “Jerry” McKernan. SR 73 Claitor

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