| Advisory Opinion request of Lisa Mimnagh, mental health nurse practitioner, as to whether she can provide services to the South Central Louisiana Human Services Authority at the Terrebonne Mental Health Clinic in Houma, while providing the same services for the START Corporation, a 501(c)(3) non-profit organization, also located in Houma. |
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Lisa Mimnagh is a psychiatric mental health nurse practitioner and she is interested in providing mental health services as an independent contractor to South Central Louisiana Human Services Authority (Authority) at the Terrebonne Behavioral Health Clinic (Clinic) located at 5599 Hwy. 311 in Houma. The Authority was established in 2006 by Legislative Act 449 to provide developmental disabilities and behavioral health services to residents in Assumption, Lafourche, St. Charles, St. John the Baptist, St. Mary, and Terrebonne Parishes. They operate a separate clinic in each of the six parishes.
Ms. Mimnagh's services include evaluating, diagnosing, and treating patients with mental illnesses, prescribing and managing their medications, and referring them for additional services as necessary. Ms. Mimnagh would also like to provide mental health services to the START Corporation, a 501(c)(3) non-profit organization located at 420 Magnolia Street in Houma. Per Trudy Franks, Executive Director, the START Corporation has cooperative endeavor agreement with the Authority to receive funding from the Authority related to housing, peer services, and fiscal management for non-clinical services. However, the START Corporation does not have any contracts, or other transactions,with the Clinic in Houma.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1112B(5) prohibits a public servant from participating in a transaction in which a person has a substantial economic interest when the person has a contract with or is owed a thing of economic value from the public servant or a company in which he owns in excess of 25% and by virtue of contract or indebtedness can affect the economic interest of the person.
La. R.S. 42:1112B(3) prohibits a public servant from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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