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2011 Louisiana Laws
Revised Statutes
TITLE 40 — Public health and safety
RS 40:1299.64.5 — Immunity from liability


LA Rev Stat § 40:1299.64.5 What's This?

§1299.64.5. 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 Part, or as a result of transferring a patient to a provider with which the provisions of this Part 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 Part, shall not be subject to criminal prosecution or civil liability for such action.

(3) A duly executed LaPOST form made in accordance with this Part shall be presumed to have been made voluntarily.

B.(1) A certified emergency medical technician or a certified first responder 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 certified emergency medical technician or a certified first responder 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 certified emergency medical technician or certified first responder 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 Part can be effectuated.

Acts 2010, No. 954, §1.

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