§ 40:2024.5 — Records; confidentiality; prohibited disclosure and discovery

Louisiana § 40:2024.5

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

Text

§2024.5. Records; confidentiality; prohibited disclosure and discovery
A. Notwithstanding any other provision of law to the contrary, the review panel, or
any local or regional panel or agent of a local or regional panel, shall be authorized to access
medical and vital records in the custody of physicians, hospitals, clinics, other healthcare
providers, and the office of public health, and any other information, documents, or records
pertaining to the completed investigation of any domestic abuse fatality in the custody of any
law enforcement agency in order that it may perform its functions and duties as provided in
this Section.
B. The review panel, or any local or regional panel or agent of a local or regional
panel, may request from a person, agency, or entity any relevant information, whether written
or oral, to carry out its functions and duties. This information may include but is not limited
to the following:
(1) Medical information.
(2) Mental health information.
(3) Information from elder abuse reports and investigation reports which exclude the
identity of persons who have made a report and shall not be disclosed.
(4) Information from child abuse reports and investigations which exclude the
identity of persons who have made a report and shall not be disclosed.
(5) Summary of criminal history, criminal offender record, and local criminal history.
(6) Information pertaining to reports by healthcare providers of persons suffering
from physical injuries inflicted by means of a firearm or of persons suffering physical injury
where the injury is a result of abusive conduct.
(7) Information concerning a juvenile court proceeding.
(8) Information maintained by a family court or the office of vital records.
(9) Information provided by probation officers in the course of the performance of
their duties including but not limited to the duty to prepare reports as well as the information
on which these reports are based.
(10) Records of in-home supportive services unless disclosure is prohibited by
federal law.
C. The review panel, or any local or regional panel or agent of a local or regional
panel, may make a request in writing for the information sought and any person, agency, or
entity with information may rely on the request to determine whether information may be
disclosed. A person, agency, or entity that has the information and is governed by this
Section shall not be required to disclose the information. The intent of this Section is to
allow the voluntary disclosure of information by a person, agency, or entity that has the
information.
D. Except as provided in this Subsection, information and records obtained by the
review panel, or any local or regional panel or agent of a local or regional panel, in
accordance with the provisions of this Section, or results of any domestic abuse fatality
report, shall be confidential and shall not be available for subpoena nor shall the information
be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative,
or other proceeding, nor shall the records be deemed admissible as evidence in any civil,
criminal, administrative, or other tribunal or court of any reason. Information and records
presented to the review panel, or any local or regional panel or agent of a local or regional
panel, shall not be immune from subpoena, discovery, or prohibited from being introduced
into evidence solely because they were presented to or reviewed by the review panel, or any
local or regional panel or agent of a local or regional panel, if the information and records
have been obtained from other sources.
E. Any person, agency, or entity furnishing information, documents, and reports in
accordance with this Section shall not be liable for the disclosure and shall not be considered
in violation of any privileged or confidential relationship, if the person, agency, or entity has
acted in good faith in the reporting pursuant to this Section.
F. A member of the review panel, or any local or regional panel or agent of a local
or regional panel, may not disclose any information that is confidential under this Section.
A person who appears before, participates in, or provides information to the review panel,
or any local or regional panel or agent of a local or regional panel, shall sign a confidentiality
notice to acknowledge that any information he provides to the review panel, or any local or
regional panel or agent of a local or regional panel, shall be confidential. Information
identifying a victim of domestic violence whose case is being reviewed, or that victim's
family members, or an alleged or suspected perpetrator of abuse upon the victim, or
regarding the involvement of any agency with the victim or victim's family members, shall
not be disclosed in any report that is available to the public. Nothing in this Section shall
prohibit the publishing by the review panel, or any local or regional panel or agent of a local
or regional panel, of statistical compilations relating to domestic abuse fatalities which do
not identify a person's case or person's healthcare provider, law enforcement agency, or
organization who provides services to victims.
G. When the review panel, or any local or regional panel or agent of a local or
regional panel, concludes a review of a domestic abuse fatality or other review, it shall return
all information and records that concern a victim or the victim's family members to the
person, agency, or entity that furnished the information.

Legislative History

Acts 2021, No. 320, §2, See Act.