Louisiana Revised Statutes 40:1155.3 – A. The secretary of the Louisiana Department of Health is hereby authorized and directed to promulgate and publish rules, regulations, and standards, in accordance with the Administr
Terms Used In Louisiana Revised Statutes 40:1155.3
- LaPOST: means Louisiana Physician Order for Scope of Treatment as provided in La. See Louisiana Revised Statutes 40:1155.2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Personal health care representative: means a person who has authority in accordance with Louisiana law to act on behalf of an individual who is an adult or an emancipated minor in making decisions related to health care because of incapacity. See Louisiana Revised Statutes 40:1155.2
- Physician: means a physician or surgeon licensed by the Louisiana State Board of Medical Examiners or by the official licensing authority of another state. See Louisiana Revised Statutes 40:1155.2
A. The secretary of the Louisiana Department of Health is hereby authorized and directed to promulgate and publish rules, regulations, and standards, in accordance with the Administrative Procedure Act, to provide for the Louisiana Physician Order for Scope of Treatment “LaPOST” program.
B. The rules and regulations shall include the following:
(1) Promulgation of the LaPOST form.
(2) Requirements that shall be met in order for a LaPOST form to be valid, including but not limited to situations in which the personal health care representative of a patient may execute the LaPOST form.
(3) Methods for revocation.
(4) Requirements which relate to a patient’s informed consent upon executing a LaPOST form.
(5) Requirements for periodic review of the LaPOST form by the patient and his physician.
C. Nothing in this Subpart shall be construed in any manner to prevent the withholding or the withdrawal of life-sustaining procedures from an adult person who is comatose, incompetent, or otherwise physically or mentally incapable of communication and has not executed a prior LaPOST form in accordance with this Subpart.
D. The Louisiana Physician Order for Scope of Treatment or LaPOST form is not a declaration concerning life-sustaining procedures and therefore shall not have to comply with the provisions of La. Rev. Stat. 40:1151 through 1151.9 in order to be valid and enforceable.
Acts 2010, No. 954, §1; Redesignated from La. Rev. Stat. 40:1299.64.3 by HCR 84 of 2015 R.S.