DESPITE HEAVY LOBBYING FROM THE CHAIN PHARMACIES, WE WERE SUCCESSFUL IN KEEPING THE BILL FROM BEING RECONSIDERED
Chair Fred Mills. SB 329 would have:
• Allowed a pharmacist to render any patient care services approved by a protocol development committee housed under the Louisiana Board of Pharmacy
violation of the statute
• Allowed a pharmacist to order, administer and interpret laboratory tests
• Provides an exemption for healthcare providers under federal mandates to ensure all employees are vaccinated as a condition of Medicare or Medicaid participation. Following its passage, many physician groups did request a veto from Gov. John Bel Edwards. The veto was granted. If the legislature chooses to convene a veto override session, HB 54 can be brought up for a vote. If the bill is not brought up or fails to receive the requisite number of votes to override the Governor, it will not become law.
• Allowed a pharmacist to prescribe and dispense non- controlled prescription medications, prescription devices and durable medical equipment.
SB 329 was reported out of committee before being returned to the calendar on the Senate floor where it died upon adjournment.
Sen. Regina Barrow offered SB 296 which allowed for pharmacist clinical services within Medicaid. Because of a very large fiscal note, the bill was dually referred to both Senate Health and Welfare and Senate Finance. Ultimately the bill died without receiving a hearing in Senate Finance. On the House side, Rep. Chris Turner brought HB 424 which would have allowed pharmacists, pharmacy interns and certified pharmacy technicians to give any immunization to any child over the age of seven. This bill was reported favorably from House Health and Welfare. It was brought up on the House floor for a vote where it failed to pass by 1 vote. Despite heavy lobbying from the chain pharmacies, we were successful in keeping the bill from being reconsidered. It remained on the House calendar and died at adjournment.
NONCOMPETES ARE A NON-STARTER.
Four noncompete bills were filed in 2022 to include a LSMS requested one. Sen. Jay Morris filed SB 385 specific to physician contracts at our request. Unfortunately, legislative leadership did not have an interest in seeing any noncompetition legislation move and successfully kept them all bottled up in committee where they died upon adjournment:
• SB 385 by Sen. Jay Morris was requested by LSMS and was specific to physicians.
• SB 238 by Sen. Cleo Fields was very broad and addressed the full spectrum of employee contracts.
VACCINE-PALOOZA.
• SB 427 by Sen. Franklin Foil was specific to physicians employed by state entities.
Nearly 40 anti-vaccination bills were filed in Louisiana this year. Due to the sheer volume of bills, we’ve provided a separate list, on pages 22 and 23. However, it is noteworthy to mention that for the first time, the words vaccine and criminal justice committee were used together. HB 54 by Rep. Larry Bagley would have criminalized anyone who asked vaccination status of persons seeking entry to any premises. This would have included everywhere from hospitals and physician offices to public properties to home-based businesses. The original penalties included both jail time and monetary fines. The legislation was amended throughout the process eventually being finally passed in a posture which:
• HB 1037 by Rep. Mandie Landry also addressed all noncompete clauses and very closely mirrored the White House’s Executive Order on noncompetes.
MEDMAL MATTERS.
The arguments related to standard of care under emergency situations are many and complex. SB 220 by Sen. Katrina Jackson and SB 346 by Sen. Jimmy Harris both focused on how to make the standard of care relate to the actual emergency. After many meetings between the interested parties and two hearings before the Senate Judiciary A Committee, the authors pulled back their bills and agreed to continue working towards language for legislation next year. Thank you to Dr. Jeff White from Shreveport for testifying before the committee and working with the stakeholders to offer alternative language.
• Is limited to governmental entities and public educational institutions
• Prohibits discharging an employee from employment within the above solely for refusing a COVID vaccine
• Creates a liability for damages if an employee is discharged in
J LA MED SOC | VOL 174 | SUMMER 2022 17
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