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La. Rev. Stat. § 37:1261 (2026)

Declaration of purpose

✓ current as of May 2026
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CHAPTER 15. PHYSICIANS, SURGEONS, AND MIDWIVES

PART I. MEDICINE, SURGERY, MIDWIFERY

§1261. Declaration of purpose

           Recognizing that the practice of medicine, surgery, and midwifery is a privilege granted by legislative authority and is not a natural right of individuals, the state of Louisiana deems it necessary as a matter of policy in the interests of public health, safety, and welfare to provide laws and provisions covering the granting of that privilege and its subsequent use, control, and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized, and unqualified practice of medicine and from unprofessional conduct of persons licensed to practice medicine, surgery, and midwifery.

           Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001; Acts 2001, No. 17, §1, eff. May 17, 2001.

Notes of Decisions
Cited in 208 cases (10 in the last 5 years), 1951–2026 · leading case: Ardoin v. Hartford Acc. & Indem. Co., 360 So. 2d 1331 (La. 1978).
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Ardoin v. Hartford Acc. & Indem. Co., 360 So. 2d 1331 (La. 1978). · cites it 3× “In a malpractice action based on the negligence of a physician licensed under R.S. 37:1261 et seq., or a dentist licensed under R.”
Benjamin v. Zeichner, 113 So. 3d 197 (La. 2013). · cites it 4× “(1) In a medical malpractice action against a physician, licensed to practice medicine by the Louisiana State Board of Medical Examiners under R.S. 37:1261 et seq., for injury to or death of a patient, a person may qualify as an expert witness on the issue of whether the…”
Johnson v. Morehouse Gen. Hosp., 63 So. 3d 87 (La. 2011). · cites it 3× “9:2794(D)(1) provides: In a medical malpractice action against a physician, licensed to practice medicine by the Louisiana State Board of Medical Examiners under R.S. 37:1261 et seq., for injury to or death of a patient, a person may qualify as an expert witness on the issue of…”
Margaret S. v. Edwards, 488 F. Supp. 181 (E.D. La. 1980). · cites it 2× “La.Rev.Stat.Ann. § 37:1261 et seq. (West 1974 & West Supp.”
Hastings v. Baton Rouge Gen. Hosp., 498 So. 2d 713 (La. 1986). “, the plaintiff shall have the burden of proving: "(1) The degree or knowledge or skill possessed or the degree of care ordinarily exercised by physicians, dentists, or chiropractic physicians licensed to practice in the state of Louisiana and actively practicing in a similar…”
David v. Our Lady of the Lake Hosp., Inc., 849 So. 2d 38 (La. 2003). “; the law strengthening the powers of the State Board of Medical Examiners, LSA-R.S. 37:1261 et seq.; and the prescriptive statute for actions for medical malpractice, LSA-R.”
Rosen v. Louisiana State Bd. of Med. Examiners, 318 F. Supp. 1217 (E.D. La. 1970). · cites it 4× “The Louisiana Medical Practice Act, La.Rev.Stat.Ann. § 37:1261 et seq., authorizes the Medical Board to suspend or institute court proceedings to revoke a doctor's certificate to practice medicine in the State when the doctor has procured or aided or abetted in the procuring of…”
Price v. Erbe USA, Inc., 42 So. 3d 985 (La. Ct. App. 2010). · cites it 4× “[6] Louisiana Revised Statutes 9:2794(D) provides: (1) In a medical malpractice action against a physician, licensed to practice medicine by the Louisiana State Board of Medical Examiners under R.S. 37:1261 et seq., for injury to or death of a patient, a person may qualify as an…”
June Med. Servs. LLC v. Kliebert, 250 F. Supp. 3d 27 (M.D. La. 2017). “§ 37:1261 et seq. The Board has the authority to investigate physicians for violations of law, such as Act 620.”
Moore v. Healthcare Elmwood, Inc., 582 So. 2d 871 (La. Ct. App. 1991). “In a malpractice action based on the negligence of a physician licensed under R.S. 37:1261 et seq. * * *, the plaintiff shall have the burden of proving: (1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians * * * licensed to…”
Cleveland Ex Rel. Cleveland v. United States, 457 F.3d 397 (5th Cir. 2006). “(d) He is licensed to practice medicine by the Louisiana State Board of Medical Examiners under R.S. 37:1261 et seq., is licensed to practice medicine by any other jurisdiction in the United States, or is a graduate of a medical school accredited by the American Medical…”
Thibodeaux v. Jurgelsky, 898 So. 2d 299 (La. 2005). “In a malpractice action based on the negligence of a physician licensed under R.S. 37:1261 et seq., ... the plaintiff shall have the burden of proving: (1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians .”
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