NEW ORLEANS — A law requiring that some members appointed to the board that licenses and regulates physicians in Louisiana be from minority groups is being challenged in federal court as an unconstitutional racial mandate.
The lawsuit filed Thursday by the conservative group “Do No Harm” seeks a declaration that the law requiring minority appointees to the State Board of Medical Examiners is unconstitutional, and an order forbidding the governor from complying with it.
The governor appoints the members of the 10-member board, subject to state Senate confirmation. One must be a “consumer member” who does not need medical expertise. The other nine must be physicians chosen from among lists submitted by designated medical organizations and medical schools. For example, two must come from a list submitted by the Louisiana State Medical Society, and one from the LSU Health Sciences Center in New Orleans. Each member serves a four-year term.
The part of the law targeted in the lawsuit requires that every other consumer member, and every other member appointed from each of the lists compiled the LSU Health Sciences Center at New Orleans, the LSU Health Sciences Center at Shreveport and the Louisiana Hospital Association must be from a minority group.
“Do No Harm has physician and consumer members who are qualified, willing, and able to be appointed to the Board if the racial mandate is enjoined,” the lawsuit said. “The racial mandate prevents these members from equal consideration for appointment to the Board.”
Gov. John Bel Edwards is named as the defendant in his official capacity. However, Edwards, a Democrat who couldn't seek reelection due to term limits, leaves office Monday. Republican Gov.-elect Jeff Landry's spokesperson did not immediately respond to a request for comment. State Sen. Katrina Jackson, a Monroe Democrat who sponsored the 2018 legislation that included the minority appointment requirements, did not respond to a Friday afternoon email.
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