§ 29:788 — Provision of volunteer health services; administrative sanctions

§788. Provision of volunteer health services; administrative sanctions
A. Subject to Subsections B and C of this Section, a volunteer health practitioner
shall adhere to the scope of practice for a similarly licensed practitioner established by the
licensing provisions, practice acts, or other laws of this state.
B. Except as otherwise provided in Subsection C of this Section, this Chapter does
not authorize a volunteer health practitioner to provide services that are outside the
practitioner's scope of practice, even if a similarly licensed practitioner in this state would
be permitted to provide the services.
C. The Louisiana Department of Health, or a state licensing authority may modify
or restrict the health services that volunteer health practitioners may provide pursuant to this
Chapter. An order under this Subsection may take effect immediately, without prior notice
or comment, and is not a rule within the meaning of R.S. 49:950 et seq.
D. A host entity may restrict the health services that a volunteer health practitioner
may provide pursuant to this Chapter.
E. A volunteer health practitioner shall not be deemed to engage in unauthorized
practice unless the practitioner has reason to know of any limitation, modification, or
restriction under this Section or that a similarly licensed practitioner in this state would not
be permitted to provide the services. A volunteer health practitioner shall be deemed to
know of a limitation, modification, or restriction or that a similarly licensed practitioner in
this state would not be permitted to provide a service if either of the following conditions is
met:
(1) The practitioner knows the limitation, modification, or restriction exists or that
a similarly licensed practitioner in this state would not be permitted to provide the service.
(2) From all the facts and circumstances known to the practitioner at the relevant
time, a reasonable person would conclude that the limitation, modification, or restriction
exists or that a similarly licensed practitioner in this state would not be permitted to provide
the service.
F. In addition to the authority granted by the laws of this state other than this Chapter
to regulate the conduct of health practitioners, a state licensing authority for due cause under
its applicable laws and rules:
(1) May impose administrative sanctions upon a health practitioner licensed in this
state for conduct outside of this state in response to an out-of-state emergency.
(2) May impose administrative sanctions upon a practitioner not licensed in this state
for conduct in this state in response to an in-state emergency.
(3) Shall report any administrative sanctions imposed upon a practitioner licensed
in another state to the appropriate licensing board or other disciplinary authority in any other
state in which the practitioner is known to be licensed.
G. In determining whether to impose administrative sanctions under Subsection F
of this Section, a state licensing authority shall consider the circumstances in which the
conduct took place, including any exigent circumstances, and the practitioner's scope of
practice, education, training, experience, and specialized skill.
H. Administrative sanctions may be determined and ordered by the president of a
state licensing authority or by his designee.
I. Administrative sanctions may include but are not limited to the restriction,
suspension, or revocation of authority to provide health services in this state.
J. Any administrative sanction imposed on the authority of a health practitioner to
practice during a declared emergency under the provisions of this Chapter shall be carried
out as provided in this Subsection.
(1) Registration to provide health services in this state during a declared emergency
shall constitute and operate as an authorization and consent by a volunteer health practitioner
to the following:
(i) Submission to the jurisdiction of the state licensing authority in all matters set
forth in its practice act, rules and all applicable laws of this state.
(ii) To produce documents, records, and materials and appear before the state
licensing authority or its designee upon request.
(iii) Immediately restrict or cease, desist, and withdraw from providing health
services in this state upon notification by the state licensing authority of a restriction,
suspension, or revocation of authority to provide such services.
(iv) Designate and appoint the voluntary health practitioner registration system
providing notice of registration to the state licensing authority, or a host entity, hospital, or
affiliate for or at which he or she may be providing services, to receive any notice of
administrative sanction provided by a state licensing authority under the provisions of this
Chapter or otherwise.
(2) Any notice under this Chapter, to be effective, may be provided orally, in writing,
electronically, or by any other means practical under the circumstances, to either the health
practitioner, volunteer health practitioner registration system providing notification of
registration to the state licensing authority, a host entity, or a hospital or affiliate for or at
which the health practitioner may be providing services.
(3) All rights to a hearing on administrative sanctions imposed by a state licensing
authority shall be held in abeyance until no less than thirty days after the termination of the
declared emergency.
(4) A health practitioner may request an explanation for administrative sanctions on
his or her authority to practice or a hearing by the state licensing authority or both, following
termination of the emergency declaration, or as otherwise may be provided by applicable
emergency orders.
(5) In the event a hearing is not requested within sixty days following the date of
termination of the emergency declaration, or as otherwise may be provided by applicable
emergency orders, administrative sanctions imposed by the state licensing authority shall be
deemed to constitute a final order or decision of such licensing authority.

Legislative History

Acts 2009, No. 397, §1.