For the purposes of this Part, the following definitions apply:

(1)  “Certificate of public advantage” or “certificate” means a written certificate issued by the department as evidence of the department’s intention that the implementation of a cooperative agreement, when actively supervised by the department, receive state action immunity from prosecution by the state or by any district attorney in the state as a violation of state or federal antitrust laws.

(2)  “Cooperative agreement” or “agreement” means a written agreement between two or more health care facilities for the sharing, allocation, or referral of any one or more of the following:

(a)  Patients.

(b)  Personnel.

(c)  Instructional programs.

(d)  Emergency medical services.

(e)  Support services and facilities.

(f)  Medical, diagnostic, or laboratory facilities or procedures.

(g)  Other services customarily offered by health care facilities.

(3)  “Department” means the Department of Justice.

(4)  “Health care facility” means any facility or institution, whether public or private, that offers diagnosis, treatment, and inpatient or ambulatory care to two or more unrelated persons.  The term does not apply to a facility operated by religious groups relying solely on spiritual means, through prayer, for healing.

Acts 1997, No. 1331, §1.