§ 40:2018 — Commission on Perinatal Care and Prevention of Infant Mortality;

§2018. Commission on Perinatal Care and Prevention of Infant Mortality;
maternal and infant mortality studies; confidentiality; prohibited
disclosure and discovery
A. There shall be established within the Louisiana Department of
Health, a commission which shall be designated the "Commission on Perinatal
Care and Prevention of Infant Mortality", composed of sixteen members, as
provided in Subsection B of this Section.
B.(1) Fourteen members shall be appointed by the governor as follows:
(a) Two neonatologists, one of which shall be actively engaged in
medical education, and one of which shall be actively engaged in private
practice.
(b) One obstetrician.
(c) One family practitioner.
(d) One pediatrician.
(e) One female health nurse practitioner.
(f) One representative from a family planning clinic in the state.
(g) One neonatal nurse specialist.
(h) Two health care administrators representing the public and private
sector respectively.
(i) One social worker.
(j) One nutritionist.
(k) Two perinatologists.
(2) Two members shall be appointed as follows:
(a) One member of the Louisiana House of Representatives appointed
by the speaker of the House of Representatives.
(b) One member of the Senate appointed by the president of the Senate.
(3) Each appointment by the governor shall serve at his pleasure and
shall be subject to Senate confirmation. The legislative members shall serve
at the pleasure of the presiding officer of the respective legislative body.
C. The chairman of the Commission on Perinatal Care and Prevention
of Infant Mortality shall be elected annually by the commission members and
shall serve as chairman without a salary. The chairman shall report directly to
the governor.
D. The commission shall hold at least six regular meetings each year
at a place designated by the chairman. The commission members shall be
compensated for travel in connection with the commission meetings and
official commission business as approved by the chairman of the commission.
Reimbursement shall be in accord with the travel regulations of the Louisiana
Department of Health.
E.(1) The secretary of the Louisiana Department of Health shall assist
the commission and provide any data the commission requires that is available
to the state, in order to reduce the number of infant deaths and the number of
unmarried, teenage pregnancies in the state of Louisiana.
(2) Reports on the status of available perinatal care and other reports
as are considered appropriate based on the research shall be made to the
commission.
F. The functions of the commission shall be to:
(1) Research and review all state regulations, guidelines, policies, and
procedures that impact perinatal care and, when appropriate, make
recommendations to the secretary of the Louisiana Department of Health.
(2) Research and review all state laws that impact perinatal care and,
when appropriate, make recommendations to the legislature.
(3) Accept grants and other forms of funding to conduct maternal and
infant mortality studies.
(4) Contract, in accordance with the applicable provisions of state law,
for the performance of maternal and infant mortality studies.
G. Within the confines of available resources, the goals of the
commission shall be to strive to:
(1) Provide, through comparison of available data and research, a plan
that the state of Louisiana can adopt to reduce the number of teenage
pregnancies, sick infants, and infant mortalities.
(2) Propose a plan for an equitable system of financing comprehensive
health and social services for indigent pregnant women and infants that
incorporates the Medicaid program in the most efficient and cost-effective
manner available to public and private hospitals in the state of Louisiana.
(3) Compile and analyze information on existing infant mortality
education programs and make recommendations for the implementation of
public policies, for proposed legislation, and for a statewide program to
combat the problem of infant mortality to coordinate and improve the services
of the state, local governments, private and voluntary agencies, community
organizations, and schools which serve to educate high risk candidates and
their families.
(4) Reduce the infant mortality rate to not more than nine deaths per
one thousand live births.
(5) Reduce the number of babies born with low birth weight to not
more than five percent of all live births.
(6) Reduce the infant mortality rate for each parish and for each racial
or ethnic group of the population to not more than twelve deaths per one
thousand live births.
(7) Educate women of child-bearing age to be able to choose food
wisely and understand the hazards of smoking, alcohol, pharmaceutical
products, and other drugs during pregnancy and nursing.
H. The commission shall have the right and authority to analyze any
data available through any state system that may improve perinatal outcomes
in Louisiana.
I.(1) Notwithstanding any other provision of law to the contrary, the
commission or its agent shall be authorized access to medical and vital records
in the custody of physicians, hospitals, clinics, other health care providers, and
the office of public health in order that it may conduct maternal and infant
mortality studies. All such medical and vital records obtained by the
commission or its agent in accordance with the provisions of this Subsection,
as well as the results of any maternal and infant mortality study, shall be
confidential and shall not be available for subpoena, nor shall such information
be disclosed, discoverable, or compelled to be produced in any civil, criminal,
administrative, or other proceeding nor shall such records be deemed
admissible as evidence in any civil, criminal, administrative, or other tribunal
or court for any reason.
(2) Nothing in this Subsection shall prohibit the publishing by the
commission of statistical compilations relating to maternal and infant mortality
which do not identify individual cases or individual physicians, hospitals,
clinics, or other health care providers.

Legislative History

Acts 1989, No. 352, §2; Acts 1991, No. 515, §1; Acts 1992, No. 326, §1.