HB 778: Louisiana Law Facing Legal Challenge Ensures Minority Representation on State Medical Board
Summary
Enacted in May 2018, HB 778 requires the Louisiana governor to select a person from a minority background to serve as a state medical board member at least every other year.
The Louisiana State Board of Medical Examiners consists of 10 voting members. The governor selects members based on lists submitted from the following entities: Louisiana State Medical Society, Louisiana State University Health Sciences Center at New Orleans, Louisiana State University Health Sciences Center at Shreveport, Tulane Medical School, Louisiana Medical Association, Louisiana Academy of Family Practice Physicians, Louisiana Hospital Association, and a consumer.
This law requires that at least every other member appointed from the Louisiana State University Health Sciences Center at New Orleans and Shreveport, Louisiana Hospital Association, and the consumer must be a minority appointee.
Legal Challenges
In January 2024, a Virginia nonprofit corporation commenced litigation against the Governor of Louisiana, claiming that this law violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by instituting "governmental classifications on the basis of race" that are not narrowly tailored to a compelling governmental interest. The litigation remains in its early stages, with the court granting plaintiff's motion to compel discovery responses. The litigation is Do No Harm v. Edwards, 24-cv-00016 (W.D. La.).
Impacted Sectors
Additional Information
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