§ 15:703 — Physician to be appointed for each parish; salary

§703. Physician to be appointed for each parish; salary
A. The governing authority of each parish shall appoint annually a
physician who shall attend the prisoners who are confined in parish jails
whenever they are sick. His salary shall be fixed by the governing authority.
Any physician so appointed shall be licensed as provided in R.S. 37:1271 and
shall be a qualified health care provider in accordance with R.S. 40:1231.2.
B. In lieu of appointing a physician, the governing authority of any
parish may enter into a contract with a health care provider, licensed or
regulated by the laws of this state, to provide requisite health care services, as
required in this Section. The term "health care provider" as used in this
Subsection means a person, partnership, limited liability partnership, limited
liability company, corporation, facility, or institution licensed or regulated by
the laws of this state to provide health care services or professional services as
a physician and qualified as such in accordance with R.S. 40:1231.2.
C. When a physician has been appointed or a contract for health care
services for prisoners has been entered into in accordance with this Section,
any action by a prisoner or his representative to recover damages or any other
losses, including those for the death of the prisoner, as a result of the actions
or inactions of the physician or health care provider in the performance or
nonperformance of health care services shall be governed by the provisions of
R.S. 40:1231.1 et seq. The term "health care provider" as used in this
Subsection shall be as defined in R.S. 40:1231.1.
D. The sole responsibility of the governing authority of each parish
which is mandated by the provisions of this Section with respect to providing
health care services for prisoners shall be the appointment of a physician and
the payment of the salary of that physician or its contractual obligations with
a health care provider selected in accordance with this Section. The parish and
its governing authority shall not be liable for any action arising as a result of
the actions or inactions of the physician or health care provider, whether ex
delicto or ex quasi delicto or ex contractu, by a prisoner or his representative
to recover damages or any other losses, including those for the death of the
prisoner, unless the governing authority exercises gross negligence or willful
misconduct in the performance of its duties and obligations imposed by this
Section, and such gross negligence or willful misconduct was a substantial
factor in causing the injury.

Legislative History

Acts 2003, No. 681, §1, eff. June 27, 2003.