§ 40:1151.1 — Definitions

Louisiana § 40:1151.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1151.1. Definitions
As used in this Subpart, the following words shall have the meanings ascribed to
them unless the context clearly states otherwise:
(1) "Attending physician" means the physician who has primary responsibility for
the treatment and care of the patient.
(2) "Cardiopulmonary resuscitation" means those measures used to restore or support
cardiac or respiratory function in the event of a cardiac or respiratory arrest.
(3) "Declarant" means a person who has executed a declaration as defined herein.
(4) "Declaration" means a witnessed document, statement, or expression voluntarily
made by the declarant, authorizing the withholding or withdrawal of life-sustaining
procedures, in accordance with the requirements of this Subpart. A declaration may be made
in writing, orally, or by other means of nonverbal communication.
(5) "Do-not-resuscitate identification bracelet" means a standardized bracelet as
described in R.S. 40:1151.2(D)(1)(b).
(6) "Health care provider" means any health maintenance organization, home health
agency, hospice, hospital, nursing facility, or any entity listed in R.S. 40:1231.1(A)(10).
(7) "Licensed emergency medical services practitioner" means a licensed emergency
medical services practitioner as defined in R.S. 40:1131.
(8) "Life-sustaining procedure" means any medical procedure or intervention which,
within reasonable medical judgment, would serve only to prolong the dying process for a
person diagnosed as having a terminal and irreversible condition, including such procedures
as the invasive administration of nutrition and hydration and the administration of
cardiopulmonary resuscitation. A "life-sustaining procedure" shall not include any measure
deemed necessary to provide comfort care.
(9) "Minor" means a person under eighteen years of age.
(10) "Physician" means a physician or surgeon licensed by the Louisiana State Board
of Medical Examiners or by the official licensing authority of another state.
(11) "Qualified patient" means a patient diagnosed and certified in writing as having
a terminal and irreversible condition by two physicians who have personally examined the
patient, one of whom shall be the attending physician.
(12) "Registry" means a registry for declarations established and maintained by the
secretary of state pursuant to this Subpart.
(13) "Spouse" means a person who is legally married to the qualified patient but does
not include a spouse who is judicially separated from the patient, is cohabited with another
person in the manner of married persons, or who has been convicted of any crime of violence
as defined in R.S. 14:2(B) against the other spouse, that has resulted in the terminal and
irreversible condition as defined in Paragraph (15) of this Section, or who has violated any
domestic abuse protective order affecting the other spouse.
(14) "Terminal and irreversible condition" means a continual profound comatose
state with no reasonable chance of recovery or a condition caused by injury, disease, or
illness which, within reasonable medical judgment, would produce death and for which the
application of life-sustaining procedures would serve only to postpone the moment of death.
(15) "Witness" means a competent adult who is not related to the declarant or
qualified patient, whichever is applicable, by blood or marriage and who would not be
entitled to any portion of the estate of the person from whom life-sustaining procedures are
to be withheld or withdrawn upon his decease.

Legislative History

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1990, No. 522, §1; Acts 1990, No. 749, §1; Acts 1991, No. 194, §1; Acts 1991, No. 320, §1; Acts 1991, No. 321, §1, eff. Jan. 1, 1992; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2005, No. 447, §1; Acts 2012, No. 789, §§2, 3, eff. June 13, 2012; Redesignated from R.S. 40:1299.58.2 by HCR 84 of 2015 R.S.; Acts 2025, No. 342, §1.