§ 29:782 — Definitions

§782. Definitions
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 R.S. 29:723 or 727(D), or a public health emergency as defined in R.S. 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 R.S. 29:724 or R.S. 29:766 or by any other official under the
authority of R.S. 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 R.S. 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.

Legislative History

Acts 2009, No. 397, §1.