Louisiana § RS 37:1301 - Nonprofit hospitals; discrimination prohibited

§ RS 37:1301. Nonprofit hospitals; discrimination prohibited

A.  The following words, as used in this Section, shall have the following meanings unless the context otherwise requires:

(1)  "Governing body" means the group or the individual ultimately responsible for a hospital's general policies with respect to staff membership and professional privileges and shall include, but not limited to, a board of trustees, a board of directors, a board of governors, a board of managers, a medical board, a director or any other official of a hospital with comparable responsibilities.  

(2)  "Hospital" means an institution for the care and treatment of the sick and injured, equipped with the technical facilities, medical, nursing and other professional and technical personnel necessary for diagnosis and treatment of persons suffering from sickness or injury which requires bed care.  

(3)  "Medical group practice" means the practice of medicine by physicians, employees or as partners or in groups regardless of the manner in which the fees are paid for services rendered by such physicians.  

(4)  "Physician" means any person holding a valid certificate to practice medicine issued pursuant to R.S. 37:1274.  

(5)  "Podiatric physician" means any person holding a valid certificate to practice podiatry issued pursuant to R.S. 37:616.  

B.  It shall be unlawful for the governing body of a nonprofit hospital which receives local, state, or federal funds to discriminate in granting staff membership to physicians or podiatric physicians; it shall likewise be unlawful to discriminate against any such physician or podiatric physician solely because of his participation in medical group practice subject to Subsection D of this Section and provided that the hospital already has the necessary facilities for the surgical procedure for which application has been made.  Nothing in this Section shall be construed to require the governing body of any nonprofit hospital to grant staff membership to any applicant, provided that each such applicant is considered on an individual basis regarding his qualifications, and further provided that the applicant is not discriminated against on the sole basis of being a podiatric physician.  

C.  It shall be unlawful for the governing body of a non-profit hospital to make the granting or denial of staff membership or professional privilege in the hospital depend solely upon certification, fellowship or membership in a specialty body or medical society.  

D.  Nothing in this Section shall be construed as prohibiting the governing body of any nonprofit hospital from granting or denying staff membership on basis of individual character, competence, experience and judgment of the physician or podiatric physician seeking staff membership or from requiring the character recommendation of not more than three members of the staff for which membership is sought as a prerequisite to consideration for staff membership.  

Acts 1964, No. 444, §§1 to 4.  Amended by Acts 1977, No. 684, §15; Acts 1980, No. 421, §1; Acts 1982, No. 347, §1.