ENABLING LEGISLATION

Legislation was enacted in 2004 (LA RS 40:2841-2846) to create a “comprehensive, coordinated statewide system for the access to regional trauma and time sensitive illness emergency care throughout the state.”  This legislation created the Louisiana Emergency Response Network (LERN) – prescribing the development of a volunteer state board to plan, govern, and implement the statewide system. This original LERN legislation also prescribed the development of nine Regional Commissions populated with volunteers that live and work within the region they represent.

The LERN legislation was amended in 2006 to add four additional seats to the LERN Board and adjust the Board’s quorum rules. The LERN legislation was amended a third time in 2007 to establish liability limitations for provider participation in LERN and designate LERN as a separate budget unit within the Louisiana Department of Health. Most recently, the LERN legislation was amended in 2010 to:

  • Update requirements for Louisiana hospitals to achieve the status of a Level I, Level II, or Level III trauma center – based upon national guidelines, including Resources for Optimal Care of the Injured Patient by the American College of Surgeons, Committee on Trauma
  • Establish a statewide trauma registry
  • Create the Louisiana Emergency Response Network Fund
  • Provide for a public records exception to support LERN’s performance management and improvement efforts
  • Expand the size of the LERN governing board
  • Initiate a process for development of LERN infrastructure to address time sensitive illness

Copies of the Current LERN law are provided here:

LERN Statute – LA RS 40:2841 -2846
LERN Limitation of Liability – LA RS 9:2798 5

Current LERN Rules and Regulations:

LERN Rules and Regulations

PROPOSED RULE CHANGES

Final Rule on Louisiana Stroke Center Recognition (Amending LAC 48:I §§18703A.3, 18705A.5. and A.6. and 18708D. – Louisiana Emergency Response Network Board – To Be Published February, 2024. Click here to view Final rule on “Louisiana Stroke Center Recognition” with corrections made in red.

Notice of Intent for the Fiscal and Economic Impact Statement for Louisiana Emergency Response Network For Amending LAC 48:1 §19305 – Destination Protocol: Stroke. Click here to view notice of intent.

LERN, on December 1, 2023, gave notice of adoption of its intent to amend LAC 48:I, Chapter 187, Section 18703 (Stroke Center Criteria); Section 18705 (Attestation For Stroke Center Recognition). Click here to view notice of intent.

Notice of Intent concerning- LAC 48:1, Chapter 187,§18703. Stroke Center Criteria; §18705. Attestation for Stroke Center Recognition; and §18707. Failure to Submit Stroke Data to LERN. Click here to view notice of intent.

The Final Rule, promulgating LAC 48:I, Chapter 191, §19123 – LERN Destination Protocol: TRAUMA, was published in the State Register on February 20,2023. Click here for a copy of the rule.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the Louisiana Emergency Response Network Board hereby announces its plan to proceed with rule-making by finalizing the November 20, 2022, Notice of Intent that was promulgated on pages 2810-2812 of the Louisiana Register, Vol. 48, No. 11.The rule codifies as LAC 48:I, Chapter 191, Section 19123, the LERN Destination Protocol: TRAUMA adopted by the Louisiana Emergency Response Network Board at its meeting of August 18, 2022. The Board received no comments or requests for public hearing; and therefore has not conducted a public hearing pursuant to R.S. 49:961(B). The Board has made no changes to the rule since the report provided for in La. R.S. 49:966B was submitted. Subject to legislative oversight by either the House or Senate Health & Welfare Committee, the Board intends to submit the Rule to the Office of the State Register for publication. Click here for a copy of the Law.

LERN, In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the Louisiana Emergency Response Network Board intends to promulgate LAC 48:I.Chapter 191, Section 19123, LERN Destination Protocol: Trauma. The Louisiana Emergency Response Network Board hereby submits the following report required by La. R.S. 49:966B and announces its intention to adopt LAC 48:1. Chapter 191, Section 19123, to codify the protocol adopted and promulgated by the Louisiana Emergency Response Network Board for the transport of trauma and time-sensitive ill patients, adopted as authorized by R.S. 9:2798.5 by the Louisiana Emergency Response Network Board on August 18, 2022. Click here for a copy of the rule.

LERN, in accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), announced its plan to proceed with rule-making by finalizing the January 8, 2020 Notice of Intent that was promulgated on pages 97-99 of the Louisiana Register, Vol. 46, No. 01. Click here for a copy of the rule.

Notice of Intent concerning Substantive Changes to Proposed Rule: Stroke Center Recognition (LAC 48:I §§18701, 18703, 18705, 18706 and 18708) was originally published by the Louisiana Emergency Response Network Board on January 20, 2020, in the Louisiana Register (See LR 46:98-100). Public comments were invited, and one comment was received and considered. No public hearing was held as not required by La. R.S. 49:953(A)(2). Click here to view the one comment and suggested substantive changes. Click here to review changes to the Rule.

A public hearing on Substantive Changes to Notice of Intent For Stroke Center Recognition will be held on May 21, 2020 at 11:00 a.m. at the LERN office. Click here for to view the agenda.

The public hearing originally scheduled for April 23, 2020 at 11:00 a.m to discuss substantive comments to Proposed Rule: Stroke Center Recognition (LAC 48:I §18701, 18703, 18705, 18706, 18708); has been rescheduled. Click here for notice of new hearing date.

A public hearing has been scheduled due to substantive comments to Proposed Rule: Stroke Center Recognition (LAC 48:I §18701, 18703, 18705, 18706, 18708); Notice of Intent that was originally published in the Louisiana Register on January 20, 2020. Click here to view notice.

On January 8, 2020, the Louisiana Emergency Response Network Board announced its intent to amend LAC 48:I §§18701, 18703 and 18705, and to adopt LAC 48:I §§18705.1 and 18705.3 – Stroke Center Recognition. Click here to view a copy of the notice of intent.

The Final Rule, promulgating LAC 48:I, Chapter 192, §19201 – LERN Destination Protocol: BURN, was published in the State Register on July 20, 2019. Click here for a copy of the rule.

LERN, in accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), announced its plan to proceed with rule-making by finalizing the March 20, 2019 Notice of Intent that was promulgated on pages 457-458 of the Louisiana Register, Vol. 45, No. 03. Click here for a copy of the rule.

The Final Rule of Amendment to Procedure for LAC 48:I.Chapter 197, §197101 – 197107 : Trauma Program Recognition was published in the State Register on April 20, 2019. Click here for a copy of the rule.

On January 17, 2019, the Louisiana Emergency Response Network Board announced its intent to codify LAC 48:I.Chapter 192, §197102 LERN Destination Protocol: BURN. Click here to view the notice of intent which was published in the Louisiana Register Vol. 45, No. 03 on March 20, 2019.

On March 20, 2019, LAC 48:I.Chapter 197, §197101 – 197107 : Trauma Program Recognition will be published in the Louisiana Register. Click here for a copy of the rule.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the Louisiana Emergency Response Network Board intends to amend LAC 48:I.Chapter 197, §19707 – Procedure for Trauma Program Recognition. Notice has been delivered to the appropriate standing committees as required. Click here to view the notice of intent.

On January 20, 2018, LAC 48:I.Chapter 197, §197107 – Procedure for Trauma Program Recognition was published in the Louisiana State Register Vol. 44, No.01. Click here for a copy of the published final amended rule.

On December 29, 2017 the LERN Board finalized LAC 48:I.Chapter 197, §197107 Trauma Program Recognition. The final rule will published in the Louisiana State Register on January 20, 2018. Click here for a copy of the insertion orders.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the Louisiana Emergency Response Network Board hereby announces its plan to proceed with rule-making by finalizing the October 20, 2017 Notice of Intent that was promulgated on pages 2039-2040 of the Louisiana Register, Vol. 43, No. 10. Click here for a copy of the notice of intent.

LERN, on October 9, 2017, gave notice of its intent to amend LAC 48:I.Chapter 197, §19707 – Procedure for Trauma Program Recognition. Click here for a copy of the notice of intent which was published in the Louisiana State Register Vol.43, No. 10 on October 20, 2017.

On September 20, 2017 LAC 48:I.Chapter 193, §19303 LERN Destination Protocol: Stroke was published in the Louisiana State Register Vol. 43, No. 9. Click here for a copy of the final rule.

On August 22, 2017 the LERN Board finalized LAC 48:I.Chapter 193, §19303 LERN Destination Protocol: Stroke. The final rule will be published in the Louisiana State Register on September 20, 2017. Click here for a copy of the insertion orders.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the LERN Board intends to promulgate LAC 48:I.19303, rules and regulations for LERN Destination Protocol: Stroke, amending and replacing the previous protocol set forth in LAC 48:I.19301. Click here to view the notice of intent which was published in the Louisiana Register, Vol. 43, No. 06 on June 20, 2017. Notice has been delivered to the appropriate standing committees as required.

On August 9, 2016 the LERN Board finalized LAC 48:I.Chapter 197, §197101 – 197107 : Trauma Program Recognition. The final rule was published in the Louisiana Register, Volume 42, No. 11 on November 20, 2016. Click here for a copy of the published rule.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the Louisiana Emergency Response Network Board hereby announces its plan to proceed with rule-making by finalizing the August 20, 2016, Notice of Intent that was promulgated on pages 1399-1401 of the Louisiana Register, Vol. 42, No. 08. Click here for a copy of the report.

LERN, in accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), announced its intention to proceed with rule making by finalizing the August 20, 2016, Notice of Intent that was promulgate on pages 1399 – 1401 of the Louisiana Register, Vol. 42, No. 08. Click here for a copy of the report.

In conformity with La. R.S. 49:974, LERN submitted a report announcing its intent to codify the Trauma Program Recognition protocol. Click here for a copy of the report.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the LERN Board intends to promulgate LAC 48:I.Chapter 197, Sections 197101-197107, Trauma Program Recognition. Click here to view the notice of intent which is to be published June 2016. Notice has been delivered to the appropriate standing committees as required.

On May 3, 2016 the LERN Board finalized LAC 48:I.Chapter 191 §1911, Destination Protocol: Trauma. The final rule was published in the Louisiana Register, Volume 42, No. 6 on June 20, 2016. Click here for a copy of the published rule.

LERN submitted the report required by La. R.S. 49:968D(1)(b) and announced its intention to proceed with rule making by finalizing the March 20, 2016 Notice of Intent. No changes have been made to the rule. Click here for the report.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the Louisiana Emergency Response Network Board intends to promulgate LAC 48:I.Chapter 191, Section 19121, LERN Destination Protocol: Trauma. Click here for a copy of the Notice of Intent. The proposed rule codifies the protocol adopted by the Louisiana Emergency Response Network Board on December 10, 2015.

On December 10, 2015 the LERN Board adopted and promulgated “LERN Destination Protocol: Trauma”. LERN intends to proceed with rule making. The intended rule was published in the Potpourri section of the State Register on January 20, 2016. The published rule and protocol can be found here.

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et. seq.), the LERN Board intends to promulgate LAC 48:I.Chapter 191  §1911, Destination Protocol: Trauma.

LERN submitted the report required by La. R.S. 49:968(D)(1)(b) and announced its intention to proceed with rule-making by finalizing the January 30, 2015 Notice of Intent. The submitted report can be found here.

Notice is hereby given that the LERN Board intends to codify into LAC 48:I.Chapter 191, LERN Destination Protocol: Trauma.  Click here for the Notice of Intent.

LERN submitted the report required by La. R.S. 49:968D(1)(b) and announced its intention to proceed with rule making by finalizing the February 20, 2015, Notice of Intent. Click here for the report.