The 2022 Regular Legislative Session ended on Monday!
SCOPE OF PRACTICE
* SB 175 by Regina Barrow – Authorizes the Louisiana State Board of Nursing to exempt Advanced Practice Registered Nurses from a Collaborative Practice Agreement (CPA) after 1,000 hours of practice in a CPA. This bill was not heard and never moved in committee.
* SB 175 by Regina Barrow – Authorizes the Louisiana State Board of Nursing to exempt Advanced Practice Registered Nurses from a Collaborative Practice Agreement (CPA) after 1,000 hours of practice in a CPA. This bill was not heard and never moved in committee.
* SB 158 by Jay Luneau – Modifies the requirement of direct supervision of a Physician Assistant to a collaborative relationship. SB 158 was approved by the Senate Health and Welfare Committee without any opposition. A vote was never taken on the floor.
* SB 296 by Regina Barrow – Authorizes “pharmacist clinical services” within the medical assistance program to achieve outcomes related to the cure, prevention, or management of a disease or medical condition. Approved by the Senate Health and Welfare Committee on April 27th. It was dual referred to the Finance Committee because of the projected $31M price tag to implement. The fiscal note caused this bill to become stalled in the Finance Committee and never heard.
* SB 329 by Fred Mills – Allows pharmacists to order diagnostic tests, interpret results, write prescriptions, and fill medications for certain health conditions. This bill was heard on two occasions in the Senate Health and Welfare Committee, where it was ultimately voluntarily deferred by the author and was not be brought back this session.
* SB 296 by Regina Barrow – Authorizes “pharmacist clinical services” within the medical assistance program to achieve outcomes related to the cure, prevention, or management of a disease or medical condition. Approved by the Senate Health and Welfare Committee on April 27th. It was dual referred to the Finance Committee because of the projected $31M price tag to implement. The fiscal note caused this bill to become stalled in the Finance Committee and never heard.
* SB 329 by Fred Mills – Allows pharmacists to order diagnostic tests, interpret results, write prescriptions, and fill medications for certain health conditions. This bill was heard on two occasions in the Senate Health and Welfare Committee, where it was ultimately voluntarily deferred by the author and was not be brought back this session.
* HB 543 by Joe Stagni – Authorizes the Louisiana State Board of Nursing to exempt Advanced Practice Registered Nurses from a Collaborative Practice Agreement (CPA) after 2,080 hours of practice in a CPA. This bill was never heard in committee.
Insurance Issues
* SB 112 by Robert Mills – LSMS requested legislation. Reduces the administrative burden relative to prior authorizations and provides for a guarantee of payment. SB 112 in its original form was DOA, as such it was amended in committee related to fixing prior authorization issues. This bill will require health insurance issuer authorized to do business in this state to implement and maintain a program that allows for the selective application of reducing prior authorization requirements that are based on the stratification of healthcare providers' performance and adherence to evidence-based medicine.This bill passed both houses and has been sent to the Governor.
* SB 112 by Robert Mills – LSMS requested legislation. Reduces the administrative burden relative to prior authorizations and provides for a guarantee of payment. SB 112 in its original form was DOA, as such it was amended in committee related to fixing prior authorization issues. This bill will require health insurance issuer authorized to do business in this state to implement and maintain a program that allows for the selective application of reducing prior authorization requirements that are based on the stratification of healthcare providers' performance and adherence to evidence-based medicine.This bill passed both houses and has been sent to the Governor.
* HB 339 by Jean-Paul Coussan – Requires coordination of benefits prohibiting delay/denial of payment. HB 339 developed a coordination of benefits provision that would not allow for a health plan to pend, delay, or deny payment to a healthcare provider for rendered healthcare services solely on the basis of the insured's failure to provide the health insurance issuer notice of the existence of an additional plan or lack thereof. This bill passed both houses and has been signed by the Governor. This bill became Act 166.
* SB 276 by Kirk Talbot - retroactively exempts insurance carriers, inclusive of Blue Cross Blue Shield of Louisiana from the state’s antitrust laws. SB 276 was amended prior to being passed out of the Insurance Committee and was heard by the full Senate where it was defeated 20-14. The amendments moved the LAFP from a monitor to an oppose position where the LAFP and other specialty groups worked hard to defeat the bill on the Senate floor. This bill failed Senate final passage.
Non-Compete/Restricted Covenants
SB 385 by Jay Morris – LSMS requested legislation. As drafted restricts noncompete agreements for primary care physicians in excess of one year and two parishes. Amendments were submitted and intended to be offered. This bill was never heard in committee.
SB 385 by Jay Morris – LSMS requested legislation. As drafted restricts noncompete agreements for primary care physicians in excess of one year and two parishes. Amendments were submitted and intended to be offered. This bill was never heard in committee.
SB 238 by Cleo Fields – Repeals current statutes relative to noncompete agreements and prohibits any restriction of the right to earn a living with various exceptions. Restricts all noncompete agreements to one year. This bill was never heard in committee.
SB427 by Franklin Foil - Prohibits certain post-employment restraints on the practice of medicine on physicians employed by the state. This bill was never heard in committee.
HB1037 by Mandie Landry – Restricts the use of noncompete contracts or agreements within multiple fields of work. This bill was never heard in committee.
NOTE: Over the last few years, it has become apparent that work relative to restrictions on non-compete agreements may be more favorable after the 2023 election cycle.
Standard of Care - Liability
* SB 346 by Jimmy Harris – Attempts to place the burden on the provider to prove that the public health emergency was a substantial contributing factor causing damage and removes the gross negligence standard from the purview of the medical review panel. SB 346 was heard on April 26th in the Senate Judiciary A Committee, where it was voluntarily deferred by the author.
* SB 346 by Jimmy Harris – Attempts to place the burden on the provider to prove that the public health emergency was a substantial contributing factor causing damage and removes the gross negligence standard from the purview of the medical review panel. SB 346 was heard on April 26th in the Senate Judiciary A Committee, where it was voluntarily deferred by the author.
* SB 220 by Katrina Jackson - Provides that during a state of public health emergency, gross negligence or willful misconduct must be related to the public health emergency. SB 220 was heard on two occasions (April 6th and April 26th) in the Senate Judiciary A Committee, where it was ultimately voluntarily deferred by the author and was not brought back this session.
Vaccines and Vaccine Related Legislation
There were more than 30 legislative instruments relative to vaccines covering the gambit: -mandates -schools (including higher education/medical school) -workplace -criminal sanctions -antibody testing -insurance rates, etc. Many of these bills are overreaching and too broad, they unfairly lump long established and administered vaccines into the same political discussion with the SARS-COVID 19 vaccines.
HB424 by Chris Turner - Provides relative to administration of immunizations and vaccines by pharmacists and other licensees of the La. Board of Pharmacy. HB 424 was heard in committee on April 13th and passed with amendments to allow pharmacists to administer all vaccines to anyone aged 7 and above. Additionally, the bill was voted upon by the full House and failed to receive the required 53 votes needed for passage.
HB424 by Chris Turner - Provides relative to administration of immunizations and vaccines by pharmacists and other licensees of the La. Board of Pharmacy. HB 424 was heard in committee on April 13th and passed with amendments to allow pharmacists to administer all vaccines to anyone aged 7 and above. Additionally, the bill was voted upon by the full House and failed to receive the required 53 votes needed for passage.
HB1022 by Rep. Beryl Amedee: Provides for a cause of action for mandating, recommending, or administering certain products. This bill was defeated on the House floor 14-81.
HB 531 by Rep. Beryl Amedee: Provides for civil remedies for a student who is denied entry into school because of immunization requirements. This bill was unanimously deferred in Senate Education Committee.
HB 640 by Rep. Mark Wright: Provides relative to vaccines and vaccine related pharmaceuticals produced with aborted human fetal-derived cells or human embryonic-derived cells. This bill was defeated in Senate Health & Welfare Committee
HB 353 by Rep. Troy Romero: Provides for vaccine requirements in the workplace. This bill passed on the House floor 60-37 & referred to Senate Labor Committee. This bill was never heard in the Senate due to running out of time.
HB 427 by Rep. Beryl Amedee: Prohibits the administration of vaccines to minors on school property and at school-sponsored events unless certain conditions are met. This bill passed out of Senate Education with an amendment and fiscal note added. The bill was not considered by the Senate.
HB 600 by Rep. Larry Frieman: Provides for release of opt-out information to the public when state law requires a vaccination or immunization. This bill was not considered by the Senate.
HB 47 by Rep. Edmonston: Requires that any communication issued to students or parents about immunization requirements include exemption information. This bill was not considered by the Senate.
HCR 1 by Rep. Barry Ivey: Suspends provisions of law authorizing the exclusion of unimmunized persons from in-person attendance at schools and day care centers under certain circumstances. This bill was considered in the Senate on 6.3.22 for final passage and returned to calendar & not considered again.
HB 54 by Reps. Bagley & Frieman: Creates the crime of discrimination based on vaccination status Passed out of Senate Judiciary C with amendment to make penalties civil instead of criminal. This bill passed by the Senate and the House rejected the Senate amendments. The Conference Committee report was accepted in both chambers. Sent to the Governor 6.7.22.
SB 141 by Sen. Jay Morris: Prohibits insurance companies from requiring a person or business to have a certain vaccination status or requiring information from an applicant or policyholder regarding vaccination status. This bill was enrolled 6.6.22.
SR 178 by Sen. Sharon Hewitt: Acknowledges the right of parents to decide whether to vaccinate a child for COVID-19 and the role of the state in providing information to allow parents to make an informed decision. This bill was enrolled 6.3.22.
HR 233 by Rep. Raymon Crews: Urges and requests the Louisiana Department of Health to promote awareness of compensation programs for COVID-19 vaccine injuries. This bill was enrolled 6.6.22.
HB 600 by Rep. Larry Frieman: Provides for release of opt-out information to the public when state law requires a vaccination or immunization. This bill was not considered by the Senate.
HB 47 by Rep. Edmonston: Requires that any communication issued to students or parents about immunization requirements include exemption information. This bill was not considered by the Senate.
HCR 1 by Rep. Barry Ivey: Suspends provisions of law authorizing the exclusion of unimmunized persons from in-person attendance at schools and day care centers under certain circumstances. This bill was considered in the Senate on 6.3.22 for final passage and returned to calendar & not considered again.
HB 54 by Reps. Bagley & Frieman: Creates the crime of discrimination based on vaccination status Passed out of Senate Judiciary C with amendment to make penalties civil instead of criminal. This bill passed by the Senate and the House rejected the Senate amendments. The Conference Committee report was accepted in both chambers. Sent to the Governor 6.7.22.
SB 141 by Sen. Jay Morris: Prohibits insurance companies from requiring a person or business to have a certain vaccination status or requiring information from an applicant or policyholder regarding vaccination status. This bill was enrolled 6.6.22.
SR 178 by Sen. Sharon Hewitt: Acknowledges the right of parents to decide whether to vaccinate a child for COVID-19 and the role of the state in providing information to allow parents to make an informed decision. This bill was enrolled 6.3.22.
HR 233 by Rep. Raymon Crews: Urges and requests the Louisiana Department of Health to promote awareness of compensation programs for COVID-19 vaccine injuries. This bill was enrolled 6.6.22.
Next Steps
Once passed by both chambers, the legislature has 3 days to submit House & Senate bills to the Governor. The Governor then has 12 days to sign or veto the legislation received from the legislature.
Once passed by both chambers, the legislature has 3 days to submit House & Senate bills to the Governor. The Governor then has 12 days to sign or veto the legislation received from the legislature.
As this session comes to a close, it’s not too early to start looking at legislation for next year. If you have suggestions you would like to have considered, please submit those ideas to Ragan LeBlanc at This email address is being protected from spambots. You need JavaScript enabled to view it..
