§ 40:1155.5 — Immunity from liability

Louisiana § 40:1155.5

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

Text

§1155.5. Immunity from liability
A.(1) Any health care provider, physician, or other person acting under the direction
of a physician shall not be subject to criminal prosecution or civil liability or be deemed to
have engaged in unprofessional conduct as a result of the withholding or withdrawal of life-sustaining procedures from a patient who has duly executed a LaPOST form in accordance
with the provisions of this Subpart, or as a result of transferring a patient to a provider with
which the provisions of this Subpart can be effectuated.
(2) Any person, health care provider, physician, or other person acting under the
direction of a physician who authorizes the withholding or withdrawal of life-sustaining
procedures in accordance with a duly executed LaPOST form, or as otherwise provided in
this Subpart, shall not be subject to criminal prosecution or civil liability for such action.
(3) A duly executed LaPOST form made in accordance with this Subpart shall be
presumed to have been made voluntarily.
B.(1) A licensed emergency medical services practitioner shall not be subject to
criminal prosecution or civil liability for withholding life-sustaining procedures from a
patient who has duly executed a LaPOST form.
(2) A licensed emergency medical services practitioner shall not be subject to
criminal prosecution or civil liability for administering life-sustaining procedures to a patient
who has duly executed a LaPOST form when there is no reasonable means by which the
licensed emergency medical services practitioner could know or should have known that the
patient had executed such LaPOST form, or as a result of transferring a patient to a provider
with which the provisions of this Subpart can be effectuated.

Legislative History

Acts 2010, No. 954, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.64.5 by HCR 84 of 2015 R.S.