Direct service workers must be trained and, in some cases, supervised or validated before doing authorized tasks; certain nurses and physicians are shielded from liability, while licensed agencies remain liable.
§1033. Required training A. In order to be authorized to perform the procedures specified in R.S. 37:1032, a direct service worker shall be employed by a licensed agency or employed as part of an authorized departmental self-directed program. If the direct service worker is employed as part of an authorized departmental self-directed program, the training he will receive shall be developed by the Louisiana Department of Health in conjunction with the Louisiana State Board of Nursing. If the direct service worker is employed by a licensed agency he shall receive the following training: (1) All training required by agency licensing laws or the rules and regulations for participating in Medicaid reimbursement or the requirements of the state or federally funded home or community-based service. (2) In order to administer medications, at least sixteen hours of fundamentals of medication administration training including but not limited to medication administration, handling and storage of medications, side effects, and drug interactions. This training may be a part of the training required in Paragraph (1) of this Subsection. (3) In order to administer noncomplex tasks, complete didactic training, and demonstration of competency in accordance with guidelines established and approved by the Louisiana Department of Health and the Louisiana State Board of Nursing. (4) Appropriate person-specific training from a registered nurse who has assessed the health status of the individual receiving services and determined that the direct service worker can perform the tasks in a safe, appropriate manner, with additional person-specific training by a registered nurse whenever the tasks to be performed or the types of medications to be administered are changed. Written documentation of training provided by the registered nurse shall be submitted to and maintained by the direct service worker's employer. B. Any unlicensed person performing the procedures authorized by this Part shall complete the training required by this Section no later than twelve months after promulgation of the regulations required by this Part. Training specified in Subsection A of this Section shall be repeated if the registered nurse does not certify that the direct service worker has demonstrated a sufficient level of competency in the subject matter. C. A direct service worker shall undergo an annual competency validation, specified in rules adopted by the Louisiana State Board of Nursing and the Louisiana Department of Health, performed by a registered nurse, to determine whether the direct service worker continues to perform the authorized, person-specific tasks appropriately. Documentation of the annual competency review provided by the registered nurse shall be submitted to and maintained by the direct service worker's employing agency. D.(1) Any licensed nurse who has properly trained and documented that a direct service worker can perform the prescribed tasks shall not be liable for any civil damages as a result of any act or omission of the direct service worker. (2) A physician licensed to practice medicine by the Louisiana State Board of Medical Examiners, whether or not he developed the individual's current plan of care, including but not limited to the prescribed medication regime, who is rendering professional medical care services to the individual receiving assistance or services under the provisions of this Part shall not be liable for any civil damages as a result of any negligent or intentional act or omission of a direct service worker or a licensed agency. E. Notwithstanding any other provision of law, licensed agencies that employ direct service workers shall be liable for damages as a result of any act or omission of the direct service worker. F. Direct service workers with a finding on the Direct Service Worker Registry of the Louisiana Department of Health shall not perform tasks pursuant to this Part. G. Repealed by Acts 2011, No. 299, §3. H. The Louisiana Department of Health and the Louisiana State Board of Nursing shall meet at least annually to review data collected by the Louisiana Department of Health that is relevant to the administration of health care tasks authorized by this Part. The Louisiana Department of Health and the Louisiana State Board of Nursing shall use the data to evaluate the efficiency of this program and shall make joint recommendations to the secretary of the Louisiana Department of Health and the executive director of the Louisiana State Board of Nursing for any needed revisions. Acts 2005, No. 451, §1, eff. July 11, 2005; Acts 2008, No. 552, §1; Acts 2011, No. 299, §§1, 3; Acts 2014, No. 507, §1; Acts 2014, No. 791, §11; Acts 2018, No. 206, §3. NOTE: See Acts 2014, No. 507, §2(B), which provides that the Act shall be known as "Bailey's Law".