La. Rev. Stat. § 40:1155.1 — LA Code / Code revised-statutes / Title 40 / Section 1155.1
Legislative purpose, findings, and intent
Status: in_force

A. The legislature finds and declares all of the following:

(1) It is important for people to make health care decisions before a medical crisis presents itself.

(2) Health care planning is a process, rather than a single decision, that helps individuals to consider the kind of care they would want if they become seriously ill or incapacitated, and encourages them to talk to their family members or legal representative about such issues.

(3) The Louisiana Physician Order for Scope of Treatment "LaPOST" form documents the wishes of a qualified patient in a physician order.

(4) The hallmarks of the LaPOST form are the following:

(a) Immediately actionable, signed physician orders on a standardized form.

(b) Orders that address a range of life-sustaining interventions as well as the patient's preferred treatment for each intervention.

(c) A brightly colored, clearly identifiable form.

(d) A form that is recognized, adopted, and honored across treatment settings.

B.(1) The legislature intends that the provisions of this Subpart are permissive and voluntary. The legislature further intends that the completion of the Louisiana Physician Order for Scope of Treatment form merely illustrates a means of documenting a decision of a patient relative to withholding or withdrawal of medical treatment or life-sustaining procedures.

(2) It is the intent of the legislature that nothing in this Subpart shall be construed to require the completion of a Louisiana Physician Order for Scope of Treatment form pursuant to this Subpart.

(3) It is the intent of the legislature that nothing in this Subpart shall be construed to be the exclusive means by which life-sustaining procedures may be withheld or withdrawn, nor shall this Subpart be construed to require the application of medically inappropriate treatment or life-sustaining procedures to any patient.

Acts 2010, No. 954, §1; Redesignated from R.S. 40:1299.64.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:951 — LA Code / Code revised-statutes / Title 40 / Section 951
Definitions
Status: in_force

For purposes of this Part, a caustic alkali is what is commonly known as concentrated lye. Also, for purposes of this Part, a poison is any substance which, when ingested, inhaled or absorbed, or when applied to or injected into the body in relatively small amounts may, by its chemical action, cause damage to structure or disturbance of function.

Amended by Acts 1968, No. 339, §2, eff. Feb. 1, 1969.
La. Rev. Stat. § 40:982 — LA Code / Code revised-statutes / Title 40 / Section 982
Second or subsequent offenses
Status: in_force

A. Any person convicted of any offense under this Part, if the offense is a second or subsequent offense, shall be sentenced to a term of imprisonment that is twice that otherwise authorized or to payment of a fine that is twice that otherwise authorized, or both. If the conviction is for an offense punishable under R.S. 40:966(B), 967(B), 968(B), or 969(B), and if it is the offender's second or subsequent offense, the court may impose, in addition to any term of imprisonment and fine, twice the special parole term otherwise authorized.

B. For purposes of this Section, an offense shall be considered a second or subsequent offense if, prior to the commission of such offense, the offender had at any time been convicted of any violation of this state, the United States, any other state of or any foreign country, relating to the unlawful use, possession, production, manufacturing, distribution, or dispensation of any narcotic drug, marijuana, depressant, stimulant, or hallucinogenic drugs.

Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §10; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2010.6 — LA Code / Code revised-statutes / Title 40 / Section 2010.6
Legislative intent
Status: in_force

The legislature finds that persons residing within nursing homes are isolated from the community and often lack the means to assert their rights as individual citizens. The legislature further recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and some personal freedom. It is therefore the intent of the legislature to preserve the dignity and personal integrity of residents of nursing homes through the recognition and declaration of rights safeguarding against encroachments upon nursing home residents' right to self-determination. It is further the intent that the provisions of R.S. 40:2010.6 through R.S. 40:2010.9 complement and not duplicate or substitute for other survey and inspection programs regarding nursing homes.

Added by Acts 1985, No. 734, §1, eff. July 17, 1985.
La. Rev. Stat. § 40:2716 — LA Code / Code revised-statutes / Title 40 / Section 2716
Criminal penalty
Status: in_force

Any person who has a tanning facility which is required to be registered pursuant to this Chapter and who fails to register that facility as so required or who operates that facility after such registration has expired, been suspended, or revoked shall be guilty of a misdemeanor. Any person convicted of such a misdemeanor shall be fined no less than one thousand dollars and no more than five thousand dollars for each violation. Each day of operation of a tanning facility in violation of the provisions of this Chapter shall constitute a separate offense.

Acts 1990, No. 587, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:63 — LA Code / Code revised-statutes / Title 40 / Section 63
Abortion, induced termination of pregnancy; purpose
Status: in_force

The purpose of this Part shall be the compilation of relevant maternal life and health factors and data concerning abortions which may be used in the improvement of maternal health and life. The further purpose and function of this Part shall be to serve as a monitor on all induced terminations of pregnancies performed in the state of Louisiana to assure that they are performed only in accordance with the provisions of law.

Acts 1979, No. 776, §1.
La. Rev. Stat. § 40:1267.1 — LA Code / Code revised-statutes / Title 40 / Section 1267.1
Poison control center; establishment
Status: in_force

The Louisiana Department of Health shall provide for the establishment of a statewide poison control center at the University of Louisiana at Monroe. The university may cooperate with public and private agencies and health care institutions in the operation of the center. The center shall include operation of a statewide toll-free telephone number.

Acts 1991, No. 297, §1; Redesignated from R.S. 40:1296 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:31.21 — LA Code / Code revised-statutes / Title 40 / Section 31.21
Legislative intent, declaration of policy
Status: in_force

A. It is the intent of the legislature that the provisions of this Part shall apply to a person with active tuberculosis who has failed to seek voluntary treatment or failed to comply with quarantined directly observed therapy, or both, and is considered a public health risk.

B. It is the policy of the state that:

(1) A person suffering from active tuberculosis shall be encouraged to seek voluntary treatment.

(2) Notwithstanding any provision of law to the contrary, in the event a person suffering from active tuberculosis fails to seek voluntary treatment or fails to comply with quarantined directly observed therapy, or both, as ordered by the state health officer or his designee, the person may be ordered pursuant to R.S. 40:4 et seq., into temporary isolation or quarantine, or both, at an inpatient facility for the treatment of active tuberculosis.

(3) A person suffering from active tuberculosis shall not be held involuntarily without being afforded an opportunity for a timely adversarial hearing as provided by this Part.

(4) The Louisiana Department of Health shall be responsible for providing the funds necessary to implement the provisions of this Part.

Acts 1995, No. 373, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:2403 — LA Code / Code revised-statutes / Title 40 / Section 2403
Council on Peace Officer Standards and Training
Status: in_force

A. The Council on Peace Officer Standards and Training, hereinafter referred to as the council, shall be placed under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice within the office of the governor.

B.(1) The council shall consist of the attorney general and eleven members of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, as follows:

(a) Three sheriffs, appointed by the governor.

(b) Three police chiefs, appointed by the governor.

(c) Two district attorneys, appointed by the governor.

(d) The executive director of the commission on law enforcement.

(e) The superintendent of state police.

(f) The president of the Louisiana City Marshals and City Constables Association or his designee.

(2) Each appointive member shall serve a term concurrent with that of the governor making the appointment. Each appointment by the governor shall be submitted to the Senate for confirmation.

(3) Every person who holds council membership by virtue of his official position or employment shall cease to be a member when he no longer holds the position which qualified him for membership on the council. Vacancies, whether created by death, resignation, or otherwise, shall be filled in the same manner as the original appointment and for the unexpired term of the predecessor of the appointee.

(4) Members of the council who hold positions of public employment or trust shall perform such council duties without being in violation of R.S. 42:63 or R.S. 42:64 or any other statute prohibiting dual office holding.

C. The council shall elect a chairman, vice chairman, and secretary from among its membership. The quorum shall be determined by the bylaws of the council. The executive director of the Louisiana Commission on Law Enforcement shall summon the council to its first meeting.

D. Members of the council shall not receive compensation for their services, but may receive reimbursement from their own respective departmental funds for expenses incurred in the performance of the functions of the council.

E. The council shall hold meetings at such times and places in the state of Louisiana as it deems proper. The meetings shall be called by the chairman upon his own motion or upon the written request of eight members. The position of any member who fails to attend four consecutive meetings shall be deemed to be vacant.

F. No funds are hereby budgeted for the commission.

G. Administrative and staff support for the council shall be furnished by the Louisiana Commission on Law Enforcement, through plans developed by the Office of Peace Officer Standards and Training.

H.(1) The council may establish and implement curricula and publish training materials to train peace officers to identify, respond to, and report all crimes which are directed against individuals or groups, or their property, by reason of their actual or perceived race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or ancestry.

(2)(a) The council shall include a training program on the crime of identity theft as defined under R.S. 14:67.16 in any curriculum requirements for the training of peace officers by January 1, 2004.

(b) The provisions of this Paragraph shall be implemented only to the extent that funds are made available for such purpose.

Amended by Acts 1991, No. 509, §2; Acts 1997, No. 1479, §3, eff. July 15, 1997; Acts 2003, No. 844, §2; Acts 2010, No. 898, §2; Acts 2024, No. 255, §1.
La. Rev. Stat. § 40:1451 — LA Code / Code revised-statutes / Title 40 / Section 1451
Purpose
Status: in_force

This law is enacted by the legislature in the exercise of the police power of the state, to promote the public peace and safety by providing better enforcement of the law.

Added by Acts 1959, No. 50, §1.

{{NOTE: §§1451-1459 WERE REPEALED SUBJECT TO THE CONDITION IN SECTION 3 OF ACTS 1989, NO. 337 WHICH STATES:

"Section 3. This Act shall become effective if and when the base salary of each person entitled to a supplement pursuant to Subpart D of Part III of Chapter 6 of Title 40 and Part XII of Chapter 1 of Title 56 of the Louisiana Revised Statutes of 1950 is increased by an amount equal to the supplement to which the person is entitled on the date that this Act becomes law." }}
La. Rev. Stat. § 40:1646.3 — LA Code / Code revised-statutes / Title 40 / Section 1646.3
Inoperative or deficient systems; remediation; hearings
Status: in_force

A. If the inspector determines that the fire sprinkler system is inoperative or deficient, he shall describe these facts in detail on his report.

B. The fire marshal, as soon as practicable after receipt of this report, shall notify the building owner by certified mail or hand delivery of the date by which remediation must be made.

C. If the owner disputes the findings of the report, he may request, within fifteen days of the date on which the fire marshal's notice was posted or delivered, a hearing to resolve the dispute. The hearing shall be conducted as soon as possible and in accordance with the Administrative Procedure Act.

D. A final determination by the fire marshal may be appealed to any court of competent jurisdiction.

E. If remedial action is finally determined to be necessary, the owner shall cause an inspection to be made after completion of the remediation in the same manner as other inspections required by this Subpart.

Acts 1991, No. 664, §1.
La. Rev. Stat. § 40:1664.5.1 — LA Code / Code revised-statutes / Title 40 / Section 1664.5.1
Limited exemption to licensure; electrical contractors
Status: in_force

A.(1) A firm or person holding a license with the classification of electrical work statewide by the State Licensing Board for Contractors pursuant to R.S. 37:2156.1 and 2156.2 shall be authorized only to install wire, conduit, or other wire raceways, its associated boxes or fittings, and fire alarm initiating and notification devices or intrusion alarm systems or closed circuit television systems or special locking systems in either commercial or residential property without a license issued pursuant to this Subpart. The activity specified in this Paragraph shall not include final termination in a fire alarm control panel, security control panel, access control panel, or closed circuit television systems controls, which shall be performed only by a firm and individual holding a valid license issued pursuant to this Subpart. This limited exemption shall also apply to an employee of a firm or person who performs work on behalf of the electrical contractor, as defined by R.S. 37:2150.1.

(2) The provisions of Paragraph (1) of this Subsection shall not apply to a person or entity selling, installing, servicing, or maintaining wireless security and fire systems.

B. Electrical contractors are not permitted to certify, inspect, or service any life safety and property protection system or equipment.

Acts 2020, No. 339, §1, eff. June 13, 2020.
La. Rev. Stat. § 40:1645 — LA Code / Code revised-statutes / Title 40 / Section 1645
Penalty
Status: in_force

Whoever violates the provisions of this Subpart shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars or more than five hundred dollars or to imprisonment of not more than six months, or both.

Acts 1988, No. 422, §2.
La. Rev. Stat. § 40:1303 — LA Code / Code revised-statutes / Title 40 / Section 1303
Substitute appointment for director in case of leave or vacancy
Status: in_force

The director shall designate the head of some division or some other employee of the department to act as head of the department in his absence or disability or in case of a vacancy, until the absence or disability is terminated or the vacancy filled. If he does not do so, the governor may make this designation.
La. Rev. Stat. § 40:1086.1 — LA Code / Code revised-statutes / Title 40 / Section 1086.1
Definitions
Status: in_force

As used in this Subpart, the following terms have the meaning ascribed in this Section:

(1) "Birthing center" means a healthcare facility, the primary purpose of which is the performance of low-risk deliveries, where births are planned to occur away from the mother's usual residence following a low-risk pregnancy. For purposes of this Subpart, the term "birthing center" shall not include a hospital or a facility licensed as part of a hospital.

(2) "Department" means the Louisiana Department of Health.

(3) "Hospital" means a facility that is licensed as a hospital in accordance with the provisions of the Hospital Licensing Law, R.S. 40:2100 et seq.

(4) "Licensed midwife" means a midwife who is licensed in accordance with the provisions of the Midwife Practitioners Act, R.S. 37:3240 et seq.

(5) "Postneonatal death" means the death of a child aged twenty-eight days to three hundred sixty-four days.

(6) "Shaken baby syndrome" means the condition known also as abusive head trauma which is characterized by injuries resulting from violent shaking or shaking and impacting of the head of an infant or small child.

(7) "Sudden unexpected infant death" means the death of an infant of less than one year of age, the cause of which is not immediately obvious before investigation, that occurs suddenly and unexpectedly. A sudden unexpected infant death requires the performance of a thorough postmortem investigation that includes a complete autopsy, an examination of the death scene, and a review of the clinical history of the deceased child. The term includes ill-defined and unknown causes of mortality, sudden infant death syndrome, and accidental suffocation and strangulation in bed.

Acts 2016, No. 506, §1.
La. Rev. Stat. § 40:1227.8 — LA Code / Code revised-statutes / Title 40 / Section 1227.8
Remote monitoring services; procedure code required
Status: in_force

A. In any reimbursement claim for the remote monitoring services provided, the appropriate procedure code as established by the Louisiana Department of Health for the covered healthcare service shall be included with the appropriate modifier indicating telehealth services were used.

B. Nothing in this Section shall prohibit any health benefit plan offered by a health insurer, managed care organization, or other health payor from establishing its own policy and payment structure for in lieu of service agreements with providers.

Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:2266.1.1 — LA Code / Code revised-statutes / Title 40 / Section 2266.1.1
Fees and costs of court
Status: in_force

A.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or city ordinances in any mayor's, city, or district court of the state of Louisiana located within a parish which is now, or hereafter becomes, a part of the Acadiana Criminalistics Laboratory Commission, the North Louisiana Criminalistics Laboratory Commission, the Southeast Louisiana Regional Criminalistics Laboratory Commission, and any other criminalistics laboratory commission or of a sheriff's criminalistics laboratory as established by legislative act, there shall be assessed by the court, in addition to and separate from other costs, against every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, or who forfeits his bond, a fee in accordance with the following schedule:

(a) Crimes which are misdemeanor offenses, except a violation of any provision of Title 32 or Title 56 of the Louisiana Revised Statutes of 1950 or a violation of any city or parish traffic ordinance, fifty dollars.

(b) Crimes which are felony offenses, one hundred fifty dollars.

(c) A fee not to exceed one thousand dollars, as reimbursement to the commission if laboratory personnel performed a scientific test of any evidence seized pursuant to the investigation or prosecution of a violation. The commission may establish a schedule stating the estimated cost of performing the test which shall be used by the court in determining the amount of the fees.

(2) The fees described in Paragraph (1) of this Subsection shall form no part of any court fund.

(3) The fees provided in Paragraph (1) of this Subsection shall be collected by the respective city marshals and sheriffs and shall be remitted to the applicable criminalistics laboratory commission on the first day of each month.

(4) The monies received from such fees by the applicable criminalistics laboratory commission shall be used for all necessary expenses of the commission and of the laboratory, and branch or satellite laboratories, including operating expenses, funds reserved for depreciation, capital expenses, and costs of constructing buildings together with maintenance thereof. The commission shall prepare an annual budget which shall be approved by at least a majority of the governing authorities of the parishes which the commission serves. If monies from the fees collected are not sufficient to pay the costs incurred as approved by the governing authorities in the budget, each governing authority may pay from its general fund its pro rata share of the amount necessary to eliminate the deficit, based upon the ratio which the assessed valuation of property in that parish bears to the total assessed valuations of property in all of the parishes.

(5) The provisions of this Section shall not supersede and shall be supplemental to the provisions of R.S. 40:2264, 2266.1, 2268.4, or any other provision of law providing for fees for criminalistics laboratories. The fees provided for in Paragraph (1) of this Subsection shall be in addition to any fees collected pursuant to the provisions of R.S. 40:2264, 2266.1, 2268.4, or any other provision of law.

B. The sheriff of each parish and each district attorney who represents one or more parishes within the area served by the applicable criminalistics laboratory commission may make a direct contribution from time to time to the applicable criminalistics laboratory commission, the sheriff from his salary fund and the district attorney from any funds available to defray expenses of his office, in order to assist in alleviating any deficit that may be existing in the operating funds of the laboratory commission.

Acts 2007, No. 432, §1; Acts 2015, No. 305, §1.

NOTE: Contingent provisions are now effective per the October 6, 2015, minutes of the Judicial Council of the Supreme Court of Louisiana which indicate approval of the changes made in Acts 2015, No. 305.
La. Rev. Stat. § 40:1113.3 — LA Code / Code revised-statutes / Title 40 / Section 1113.3
Administration of blood, tissue, fluids to patient
Status: in_force

No physician, osteopath, hospital, blood bank, or tissue bank, or such health care provider's officers, employees, or agents authorized by law to administer blood, tissue, or fluids shall administer to a patient blood, blood products, body tissue, or body fluids donated by another individual unless:

(1) The donated blood, blood products, body tissue, or body fluids have been subjected to an HIV test; and

(2) The HIV test performed produced a negative result.

Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.143 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1481 — LA Code / Code revised-statutes / Title 40 / Section 1481
Purpose
Status: in_force

The legislature finds that the production of oil for the energy needs of the state and the nation is of vital concern and that a serious problem of theft of both the production and the means of production increases both the cost to the public and the danger to the public on the roads of the state. Therefore, the legislature imposes certain requirements upon the transportation of oil and oil field equipment.

Added by Acts 1982, No. 550, §1.
La. Rev. Stat. § 40:2180.14 — LA Code / Code revised-statutes / Title 40 / Section 2180.14
Rules and regulations; licensing standards
Status: in_force

A. The licensing agency of the department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of crisis receiving centers, and to provide for the health, safety, and welfare of persons receiving services from such facilities or providers, and to provide for the safe operation of such facilities or providers. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the department in accordance with the Administrative Procedure Act. These rules, regulations, and licensing standards shall have the effect of law.

B. The licensing agency of the department shall prescribe, promulgate, and publish rules, regulations, and licensing standards to include but not be limited to the following:

(1) Licensure application and renewal application procedures and requirements.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services.

(5) Survey and complaint investigations.

(6) Initial license, renewal of license, full license, and provisional license.

(7) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom.

(8) Planning, construction, design, and implementation of the facility or provider to ensure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services.

(9) Such other regulations or standards as will ensure proper care and treatment of patients, clients, and persons receiving services.

Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
La. Rev. Stat. § 40:789 — LA Code / Code revised-statutes / Title 40 / Section 789
Labeling
Status: in_force

No one shall sell or offer for sale in this state any enriched flour or enriched bread which is not labeled in accordance with Part I of this Chapter and regulations thereunder and with the Federal Food, Drug, and Cosmetic Act, and the regulations thereunder governing the labeling of flour or bread introduced into interstate commerce.
La. Rev. Stat. § 40:1730.56 — LA Code / Code revised-statutes / Title 40 / Section 1730.56
Standards
Status: in_force

A. Industrialized buildings constructed after January 1, 2007, shall meet or exceed the requirements of the building code and the requirements of the state fire marshal in accordance with R.S. 40:1574 through 1593.

B. Industrialized buildings constructed prior to January 1, 2007, shall meet or exceed the requirements established by the parish or municipality in which the building is to be located at the time of construction of the industrialized building. If the parish or municipality has not established requirements, compliance with the wind and flood provisions as adopted by the Louisiana State Uniform Construction Code Council shall be required as a minimum standard. A change in the use of an industrialized building shall be subject to the requirements established for renovations. An industrialized building which is not accessible by the public may be relocated within the state without the requirement of modification or alteration. In addition, a change in use of such building shall not be subject to the requirements established for renovations unless the change in use allows access by the public.

C. Documentation indicating the date of construction of the industrialized building shall be presented to the building official in that jurisdiction upon application for a permit.

D.(1) Any temporary housing, typically used for daily living purposes, that is provided for temporary workers shall comply with the provisions of this Part.

(2) The provisions of this Subsection shall not apply to one- or two-family dwellings, manufactured homes, or other commercial structures being lawfully used to house temporary workers.

Acts 2007, No. 364, §1; Acts 2016, No. 262, §1.
La. Rev. Stat. § 40:603 — LA Code / Code revised-statutes / Title 40 / Section 603
Liability of persons
Status: in_force

When construing and enforcing the provisions of this Part, unless otherwise provided, the act or omission of any officer, employee, or agent acting for or employed by any person, within the scope of employment or office, shall in every case be considered the act or omission of such person, as well as that of the officer, employee, or agent.

Whenever a corporation or association violates any of the provisions of this Part, unless otherwise provided, the violation shall also be considered a violation by the individual directors, officers or agents of the corporation or association who personally ordered or did any of the acts constituting the violation, in whole or in part.
La. Rev. Stat. § 40:1308 — LA Code / Code revised-statutes / Title 40 / Section 1308
Plan of organization and operation; practice instructions; central records bureau
Status: in_force

A. The director shall cause to be designed and shall prescribe a definite plan of organization and procedures of the department with a view to the most effective conduct of the work of the department. This plan shall include such elements as unified and systematic procedures, definite allocation of functions to the divisions and other component parts of the department, proper housing and layout of quarters to facilitate the carrying out and supervision of the work in process, effective routing and flow of work, and co-ordination of staff efforts in carrying out the procedures prescribed. The director shall have standard practice instructions prepared for the guidance of all concerned in the operation of the prescribed plan and the system of procedures based upon it and for placing the prescribed procedures into effect and fitting them to the established plan of organization.

B. The director shall create within the department of public safety a central records bureau. Such central records bureau shall be maintained for the principal purpose of accumulating, tabulating and recording all motor vehicle accident and traffic convictions, overtime parking convictions only excepted, occurring within the state of Louisiana.

C. The statistical information thusly obtained shall be analyzed by the central records bureau and made available to:

1. Engineers, for guidance in dealing with high frequency accident locations and for use in improving highway design standards;

2. Enforcement administrators, for use in planning the most effective use of their available manpower and equipment;

3. The driver licensing division of the department of public safety for the utilization of accident experience for driver improvement discipline;

4. Officials responsible for school safety and public information programs, for guiding and implementing their educational activities;

5. The motor vehicle safety responsibility division of the department of public safety;

6. The commissioner of insurance for his use and study in connection with automobile physical damage and bodily injury and property damage automobile insurance rates and to insurance companies which are authorized by the commissioner of insurance to write such coverages in Louisiana. The director of public safety is hereby authorized to charge such companies the actual expenses incurred in furnishing such report but not to exceed a charge of one dollar for each such report;

7. Municipalities and parishes for their use in applying the functions of engineering, education and enforcement to local traffic safety, driver and vehicle control programs;

8. Such other officials of the state, parish and municipalities as may request said analyses for official use.

D. The director of public safety shall provide for the operation of said bureau, including the purchase, installation and use of mechanical tabulating equipment.

E. The central records bureau created herein shall become effective on January 1, 1961.

Amended by Acts 1960, No. 216, §3; Acts 2007, No. 459, §4, eff. Jan. 1, 2008.
La. Rev. Stat. § 40:2455 — LA Code / Code revised-statutes / Title 40 / Section 2455
Exemptions
Status: in_force

All high school and collegiate athletic programs in the state of Louisiana shall be exempt from the provisions of this Chapter.

Added by Acts 1980, No. 751, §2.
La. Rev. Stat. § 40:549 — LA Code / Code revised-statutes / Title 40 / Section 549
Legal construction
Status: in_force

This Chapter shall be construed liberally to effect the charitable and public purposes thereof.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:635 — LA Code / Code revised-statutes / Title 40 / Section 635
Condemnation or destruction of perishables in certain cases
Status: in_force

A. Whenever the department or its duly authorized officer or employee finds in any factory, establishment, structure, or vehicle of transportation any meat, seafood, poultry, vegetables, fruit, or other perishable articles which are unsound or contain any filthy, decomposed, or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe for human consumption, the officer or employee of the department designated by it shall immediately condemn or destroy it or in any other manner render it unconsumable as human food.

B. Nothing in this Title shall be construed to prohibit any duly authorized officer or employee of the department from causing the destruction of any meat, seafood, poultry, vegetables, fruit, or other perishable articles which are of foreign origin and are the subject of a current import ban issued by an agency of the federal government.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2021, No. 195, §1.
La. Rev. Stat. § 40:1626 — LA Code / Code revised-statutes / Title 40 / Section 1626
Title
Status: in_force

This Act shall be known and may be cited as the "Cigarette Fire Safety and Firefighter Protection Act".

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.
La. Rev. Stat. § 40:1281.12 — LA Code / Code revised-statutes / Title 40 / Section 1281.12
Community water systems; complaint records; review of records by state health officer
Status: in_force

A.(1) Each community water system shall maintain a record of each complaint it receives by telephone, letter, or electronic mail from customers or users. The record of each complaint shall include the date the complaint was received, the service connection to which the complaint relates, the name of the customer or user making the complaint and associated contact information, and a brief description of the complaint. The log containing the record shall also include documentation of corrective actions that the community water system has implemented with respect to the matters detailed in the complaint.

(2) The community water system shall retain the complaint records required by the provisions of this Subsection for at least five years, and shall make the records available to the Louisiana Department of Health upon request and without charge.

B.(1) If the state health officer or his designee reviews a complaint record provided for in this Section and, based upon the results of the review, recommends that any board member, owner, officer, or operator of a community water system, or any combination of these personnel, undertake an appropriate training course incorporating topics concerning proper customer service, customer relations, public relations, or related matters, then the personnel identified by the state health officer or his designee shall be required to undertake such training.

(2) The training provided for in this Subsection may be delivered by the state, a contractor of the state, or a state-recognized trainer.

C. If the state health officer deems it necessary, he may require any community water system to implement a demonstrated flushing program.

D. For the purposes of this Section, "community water system" shall have the meaning ascribed in R.S. 40:5.8.

Acts 2018, No. 292, §1.
La. Rev. Stat. § 40:1085.1 — LA Code / Code revised-statutes / Title 40 / Section 1085.1
Ophthalmia neonatorum defined
Status: in_force

Any eye condition of any infant, in which there is any inflammation, swelling, or redness in one or both eyes, with or without any unnatural discharge from the eye or eyes, occurring within two weeks after the birth of the infant, shall be known as ophthalmia neonatorum, independent of the nature of the infection.

Redesignated from R.S. 40:1101 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:700.4 — LA Code / Code revised-statutes / Title 40 / Section 700.4
Other prohibited acts
Status: in_force

The following acts and the causing thereof are prohibited:

(1) The verbal or written misrepresentation of any water treatment device by any person selling such devices to the public for the purposes of inducing, directly or indirectly, the purchase of water treatment devices.

(2) The sale of any water treatment device to the public without a permit issued by the department.

Added by Acts 1983, No. 507, §1.
La. Rev. Stat. § 40:31.26 — LA Code / Code revised-statutes / Title 40 / Section 31.26
Judicial hearings; general provisions
Status: in_force

A.(1) Not later than the day the court issues an order or notice scheduling a hearing under the provisions of this Part, the court shall appoint counsel for the person in protective custody.

(2) At the appointed time, the court shall conduct a hearing on the commitment petition or any other petition brought under the provisions of this Part. If the person is confined to a treatment facility for active tuberculosis, the judge of the court where the petition was filed may in his discretion hold the hearing on such commitment at the treatment facility where the person is confined or may conduct the hearing through telecommunications, community antenna television, or other such technology.

(3) On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type.

(4) If the court finds by clear and convincing evidence that the person in protective custody has active tuberculosis and is a public health risk, it shall render a judgment for his commitment.

B. The court shall cause a recording of the testimony of the hearing to be made which shall be transcribed only in the event of an appeal from the judgment. A copy of such transcript shall be furnished without charge to any appellant whom the court finds unable to pay for it.

C. Notice of any action taken by the court shall be given in such manner as the court considers appropriate to the person in protective custody, the person's attorney, the director of the designated treatment facility, and the state health officer or his designee.

D. Each clerk of court shall keep a record of the cases relating to persons with active tuberculosis coming before the court pursuant to the provisions of this Part and the disposition of such cases. The clerk also shall keep on file the original petition and certificates of physicians required by this Section or a microfilm duplicate of such records. All records maintained in the courts under the provisions of this Section shall be sealed and available only to the person placed in protective custody, his attorney, or the petitioner.

Acts 1995, No. 373, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:524 — LA Code / Code revised-statutes / Title 40 / Section 524
Exceptions for affordable housing or local housing authorities
Status: in_force

A. In order to facilitate development, redevelopment, and other activities in furtherance of the purposes of this Chapter by local housing authorities and their affiliates, a municipality or parish may grant exceptions to the requirements of:

(1) Zoning ordinances, and other laws, ordinances, and regulations regulating the use, development, and improvement of land or buildings.

(2) Laws, ordinances, and regulations pertaining to historic buildings and structures.

(3) Redevelopment plans, comprehensive plans, and other plans governing municipality or parish land use.

B. However, any such exception shall not compromise essential health and safety standards. This Section shall be cumulative of, and not in limitation of, any existing laws, ordinances, and regulations that permit variances, special exceptions, and other relief from applicable requirements relating to development and improvement of real property.

Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1061.28 — LA Code / Code revised-statutes / Title 40 / Section 1061.28
Partial birth abortion; civil action against abortionist
Status: in_force

A. No licensed physician or any other person shall perform a partial birth abortion on a female unless the procedure performed is necessary because of a medical emergency or to save the life of the mother.

B. Repealed by Acts 2022, No. 545, §4.

C. Any person who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial birth abortion, shall be subject to the provisions of this Section.

D. There is hereby created a cause of action for civil damages for injuries and wrongful death as more fully set forth in Louisiana Civil Code Articles 2315.1 and 2315.2, except that such causes of action shall only be maintained by the following persons:

(1) The natural or biological father of the aborted infant or fetus, unless such father's criminal conduct caused the pregnancy.

(2) The mother of the aborted infant or fetus, unless the mother is a person of the full age of majority and consented to the partial birth abortion.

(3) The parents or guardian on behalf of the mother of the aborted infant or fetus if the mother was a minor at the time of the abortion, unless the parents or guardian consented to the partial birth abortion.

E.(1) A physician charged with an offense under this Section may seek a hearing before the Louisiana State Board of Medical Examiners on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(2) The findings on that issue are admissible on that issue at the trial of the physician. Upon motion of the physician, the court shall delay the beginning of the trial for not more than thirty days to permit such hearing to take place.

Acts 2007, No. 473, §2, eff. July 12, 2007; Redesignated from R.S. 40:1299.35.17 by Acts 2008, No. 220, §14; Redesignated from R.S. 40:1299.35.18 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 4.
La. Rev. Stat. § 40:1251.3 — LA Code / Code revised-statutes / Title 40 / Section 1251.3
Ticket to Work and Work Incentives Improvement Act Opportunities
Status: in_force

In accordance with the authority granted the Louisiana Department of Health pursuant to R.S. 36:254(A)(6) and (D)(1)(a)(i) and pursuant to the restrictions contained in this Part, the department shall avail itself of the provisions of the Ticket to Work and Work Incentives Improvement Act provisions to implement a buy-in program for the working persons with disabilities.

Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:4.9.1 — LA Code / Code revised-statutes / Title 40 / Section 4.9.1
Louisiana Small Wild Catfish Processor's Act; preparation for direct sale to the consuming public
Status: in_force

A.(1)(a) No provision of the state Sanitary Code or any provision of any other law or regulation that requires any equipment, design, construction, utensils, supplies, preparation, or services shall apply to the preparation of wild catfish for direct sale to the consuming public. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any preparer of wild catfish who employs any individual to assist in the preparation of the wild catfish for sale.

(2) Notwithstanding any provision of law to the contrary, all equipment used or connected in any way with the manufacture or other processing, handling, packing, or storing of any wild catfish prepared for direct sale to the consuming public pursuant to this Section shall comply with the following:

(a) Be maintained in a clean and sanitary manner, be free from cracks and, wherever possible, be composed of noncorroding metal or other smooth, impervious material giving an easily cleanable surface. Stationary or not readily movable equipment shall be so installed as to provide for easy cleaning.

(i) All barrels, boxes, tubs, pails, or other receptacles used for holding the processed wild catfish shall be kept clean and sanitary and shall be so constructed as to be easily cleanable.

(ii) All food contact surfaces shall be cleaned and sanitized after each day's production.

(b) If appropriate, be refrigerated so that all processed wild catfish shall be maintained at an appropriate temperature.

B. No individual who prepares wild catfish for direct sale to the consuming public pursuant to this Section shall sell more than four hundred pounds of wild catfish per month.

C. No individual who prepares wild catfish for direct sale to the consuming public pursuant to this Section shall sell the processed wild catfish to any retail business or individual for resale.

D.(1) Any individual who prepares wild catfish for direct sale to the consuming public pursuant to this Section shall affix to any processed wild catfish offered for sale a label which clearly indicates that the food was not produced in a licensed or regulated facility.

(2) No individual who prepares wild catfish for direct sale to the consuming public pursuant to this Section shall sell the processed wild catfish unless the individual is registered to collect any local sales and use taxes that are applicable to the sale of the seafood, as evidenced by a current sales tax certificate issued to the seller by the sales and use tax collector for the parish in which the sales occur.

E. No individual who prepares wild catfish for direct sale to the consuming public pursuant to this Section shall sell the processed wild catfish unless the individual holds a wholesale/retail seafood dealer's license pursuant to R.S. 56:306 or a fresh products license pursuant to R.S. 56:303.1.1.

F. This Section shall be known and may be cited as the "Louisiana Small Wild Catfish Processor's Act".

Acts 2023, No. 209, §1.
La. Rev. Stat. § 40:1241 — LA Code / Code revised-statutes / Title 40 / Section 1241
Hospital prospective reimbursement methodology
Status: in_force

A. Notwithstanding any provisions of the Louisiana Administrative Code or any contrary provision of any other law or regulation, for the purpose of the hospital prospective reimbursement methodology and temporary licensure of international medical graduates, the Louisiana Medical Assistance Program's recognition of a major teaching hospital is limited to facilities having a documented affiliation agreement with a Louisiana medical school accredited by the Liaison Committee on Medical Education or the Commission on Osteopathic College Accreditation.

B. A major teaching hospital shall meet one of the following criteria:

(1) Be a major participant in at least four approved medical residency programs of which at least two of the programs shall be in medicine, surgery, obstetrics and gynecology, pediatrics, family practice, emergency medicine, or psychiatry.

(2) Maintain an intern and resident full-time equivalency of at least twenty filled positions with an approved medical residency program in family practice located more than one hundred fifty miles from the medical school accredited by the Liaison Committee on Medical Education.

C. For the purposes of this Subpart, "hospital prospective reimbursement methodology" means a method of hospital reimbursement in which Medicaid payment is made based on a predetermined, fixed amount.

NOTE: §1241 repealed effective only upon implementation of a diagnosis-related group hospital payment methodology pursuant to an approved state plan amendment by the Centers for Medicare and Medicaid Services.

§1241. Repealed by Acts 2018, No. 234, §1.

Acts 2009, No. 347, §1; Redesignated from R.S. 40:1300.291 by HCR 84 of 2015 R.S; Acts 2018, No. 234, §1; Acts 2022, No. 152, §1.

NOTE: Former R.S. 40:1241 redesignated to R.S. 40:1265.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1578.3 — LA Code / Code revised-statutes / Title 40 / Section 1578.3
Emergency closure during appeal
Status: in_force

The fire marshal may bring a summary proceeding in accordance with the provisions of Code of Civil Procedure Articles 2591 through 2596 in the district court which has jurisdiction over the structure or movable to require closure of such during the pendency of proceedings before the board of review or after the board renders a final decision. The court shall order such immediate closure if it finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to such effect in its order. These proceedings shall be promptly instituted and determined.

Added by Acts 1974, No. 236, §1.
La. Rev. Stat. § 40:1472.20 — LA Code / Code revised-statutes / Title 40 / Section 1472.20
Explosives Trust Dedicated Fund Account
Status: in_force

A. The Explosives Trust Dedicated Fund Account is hereby established as a special statutorily dedicated fund account in the state treasury to support the efforts of the Department of Public Safety and Corrections, office of state police, explosives control unit. After deposit into the Bond Security and Redemption Fund, all funds collected pursuant to R.S. 40:1472.3(H) and 1472.9(D) shall be deposited in and credited to the Explosives Trust Dedicated Fund Account. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

B. The funds as specified in Subsection A of this Section shall be appropriated by the legislature and shall be used solely to support staffing, training, and the acquisition of equipment necessary for the handling of incidents involving the threat of or actual use of explosive or explosive devices which threaten the safety of the citizens of Louisiana. The amount of money deposited out of that collected pursuant to R.S. 40:1472.3(H) and 1472.9(D) shall not exceed one million dollars annually.

Acts 1999, No. 1202, §1; Acts 2021, No. 114, §10, eff. July 1, 2022.
La. Rev. Stat. § 40:1073.2 — LA Code / Code revised-statutes / Title 40 / Section 1073.2
Velocardiofacial syndrome and 22q11.2 deletion syndrome; dissemination of information; rulemaking authority; costs
Status: in_force

A. The department shall make available materials regarding velocardiofacial syndrome and 22q11.2 deletion syndrome to each early intervention services provider in this state.

B. Each early intervention services provider may offer the materials to parents of a child who is known by the provider to have at least two of the following conditions:

(1) Hypotonicity.

(2) Communication delay.

(3) Articulation disorder.

(4) Resonance disorder.

(5) Nasal regurgitation during feeding as an infant with no history of a cleft palate.

(6) Recurrent ear infections as well as diagnosis of cardiac anomaly, feeding disorder, cleft palate, or submucosal cleft palate.

(7) Fine motor or gross motor skills delay.

C.(1) The department shall develop the materials required pursuant to this Section using medically accurate, peer-reviewed literature.

(2) The materials made available by the department pursuant to this Section shall include, at a minimum, all of the following:

(a) An explanation of velocardiofacial syndrome and 22q11.2 deletion syndrome symptoms, diagnosis, and treatment options.

(b) Information on relevant state agency and nonprofit resources, parent support groups, and available Medicaid waiver programs.

(c) A recommendation for follow-up with a healthcare provider for evaluation of the underlying etiology and an explanation that the existence of any of the conditions listed in Subsection B of this Section will not necessarily result in a diagnosis of velocardiofacial syndrome or 22q11.2 deletion syndrome.

D. The department may adopt, in accordance with the Administrative Procedure Act, any rules and regulations necessary to implement this Section.

E. In developing the materials required by this Section, the department may utilize any available resources for the purposes of minimizing costs to the department.

Acts 2014, No. 72, §1; Redesignated from R.S. 40:1300.382 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:629 — LA Code / Code revised-statutes / Title 40 / Section 629
Records of interstate shipment
Status: in_force

A. For the purpose of enforcing the provisions of this Part, carriers engaged in interstate commerce and persons receiving food, drugs, devices, or cosmetics in interstate commerce shall, upon the request in the manner set out below of an officer or employee duly designated by the department, permit the officer or employee to have access to and to copy all records showing the movement in interstate commerce of any food, drug, device, or cosmetic, and the quantity, shipper, and consignee thereof.

B. The request provided for in this Section shall be accompanied by a definite statement in writing specifying the nature or kind of food, drug, device, or cosmetic to which it relates.

C. Evidence obtained under this Section shall not be used in criminal prosecution of the person from whom obtained.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:39 — LA Code / Code revised-statutes / Title 40 / Section 39
Issuance of short-form birth certification cards
Status: in_force

A. The state registrar shall issue short form birth certification cards containing a true certification of name and birth facts as recorded on the original documents on file in the vital records registry, and for use as legal proof of the recorded facts of birth for all purposes.

B. Short-form birth certification cards and abstracts shall be issued only for those births registered with the central vital records registry within twelve years of the date of birth.

C. An applicant requesting the issuance of a "long-form" certified photocopy or certified record of the original birth record in lieu of the "short-form birth certificate card" may obtain it by submitting an application and appropriate fee.

Acts 1979, No. 776, §1. Amended by Acts 1981, No. 657, §1; Acts 1990, No. 237, §1; Acts 1995, No. 722, §1, eff. June 21, 1995.
La. Rev. Stat. § 40:1133.14 — LA Code / Code revised-statutes / Title 40 / Section 1133.14
Duties of emergency medical services practitioners
Status: in_force

A.(1) A licensed emergency medical services practitioner may perform any of the following functions:

(a) Services, treatment, and procedures consistent with national EMS education standards that have been approved and adopted by the bureau, and to the extent that he has been trained to perform such services.

(b) Administration of other drugs or procedures for which the licensed emergency medical services practitioner has received training, license, and approval by the commission and which may be considered necessary by the ordering physician.

(c) Determine based on approved protocols whether it is appropriate for a person to be transported by ground ambulance to an alternative destination when the individual's condition does not meet the definition of emergency medical condition pursuant to R.S. 22:1821(D)(2)(g)(i). However, no person shall be transported to an alternative destination unless he consents to being transported to that destination, and no emergency medical services practitioner shall transport a person to an alternative destination in which he or his employer has a financial interest.

(2) The functions authorized by Paragraph (1) of this Subsection may be performed by the licensed emergency medical services practitioner while caring for a patient or at the scene of a medical or other emergency, or during the transport of a patient under a protocol that has been approved by the emergency medical services practitioner's medical director.

B. An emergency medical services practitioner student may, while he is enrolled in good standing in a state-approved clinical or field internship program under the direct supervision of a physician, registered nurse, paramedic, or other preceptor recognized by the bureau:

(1) Perform services, treatments, and procedures consistent with national EMS education standards that have been approved and adopted by the bureau, and to the extent that he has been trained to perform such services.

(2) Administer automated cardiac defibrillation in accordance with rules and regulations promulgated by the bureau in accordance with the Administrative Procedure Act and a protocol that shall be approved by the local parish medical society, a designee of the local parish medical society, or the EMS medical director.

C. In a case of a life-threatening situation as determined by a licensed emergency medical services practitioner, such a person may render services in accordance with one of the following protocols:

(1) A protocol approved by the EMS medical director who is a board-certified or board-eligible emergency medicine physician.

(2) A protocol established by the emergency medical services committee or the executive committee of the parish or component medical society, or its designee.

D. Any individual, education organization, organization, or other entity violating the provisions of this Section shall be guilty of a misdemeanor, conviction of which shall subject the offender to a fine of not less than five hundred dollars nor more than one thousand dollars for each separate offense.

E. In the event that there is no organized or functional local parish medical society in a parish of the state, the functions provided for in Paragraph (C)(2) of this Section may be performed by the EMS medical director.

F. The department shall promulgate rules and regulations establishing basic guidelines for statewide emergency medical service protocols.

Acts 1977, No. 626, §2; Amended by Acts 1978, No. 469, §1; Acts 1979, No. 688, §1; Acts 1984, No. 242, §1; Acts 1984, No. 243, §1; Acts 1986, No. 630, §1, eff. July 6, 1986; Acts 1987, No. 665, §1, eff. July 9, 1987; Acts 1988, No. 776, §1; Acts 1989, No. 195, §1, eff. June 26, 1989; Acts 1990, No. 211, §1, eff. Jan. 1, 1991; Acts 1991, No. 974, §1, eff. July 24, 1991; Acts 1997, No. 913, §§2, 3; Acts 1999, No. 427, §1; Acts 2001, No. 385, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1234 by HCR 84 of 2015 R.S; Acts 2018, No. 152, §1, eff. May 15, 2018; Acts 2018, No. 565, §2; Acts 2020, No. 67, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.
La. Rev. Stat. § 40:417 — LA Code / Code revised-statutes / Title 40 / Section 417
Consent of obligees and commissioners of local authority to substitution of regional or consolidated authority, transfer of rights, duties and property
Status: in_force

A. The governing body of a parish or municipality shall not adopt a resolution pursuant to the provisions of R.S. 40:411 or 413 if there is an existing housing authority therefor which has any obligations outstanding unless:

(1) All obligees of the existing housing authority and the parties to its obligations consent in writing to the substitution of the regional or consolidated housing authority therefor on all such obligations.

(2) The commissioners of the existing housing authority adopt a resolution consenting to the transfer of all the rights, obligations and property thereof to the regional or consolidated housing authority.

B. When the two conditions in Subsection A are complied with and the regional or consolidated housing authority is created and authorized to exercise its powers and perform its functions, all rights, obligations and property of the former housing authority shall vest in the regional or consolidated housing authority and be in its name. All rights and obligations of the former housing authority shall be the rights and obligations of the regional or consolidated housing authority and may be asserted and enforced by or against the regional or consolidated housing authority as they might have been asserted and enforced by or against the former housing authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2017.7 — LA Code / Code revised-statutes / Title 40 / Section 2017.7
Enforcement of rules and regulations
Status: in_force

It shall be the duty of the secretary as executive head of the department to enforce all rules, standards, regulations and orders of the department and for these purposes he may institute and prosecute mandamus or injunction suits against alleged violators of such rules, standards, regulations or orders in the courts of this state. In any such suits it shall be the duty of the attorney general and the general counsel of the department to represent the secretary.

Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §52.
La. Rev. Stat. § 40:2207 — LA Code / Code revised-statutes / Title 40 / Section 2207
Requirements of provider contracts
Status: in_force

A. A health maintenance organization, managed care organization, or their contracting entities shall not include provisions in their contracts with health care providers which include incentive or specific payment made directly, in any form, to a health care provider or health care provider group as an inducement to deny, reduce, limit, or delay specific, medically necessary, and appropriate services provided with respect to a specific insured or groups of insured with similar medical conditions.

B. Nothing in this Section shall be construed to prohibit contracts that contain incentive plans that involve general payments, such as capitation payments, or shared-risk arrangements that are not tied to specific medical decisions involving specific insured or groups of insured with similar medical conditions. The payments rendered or to be rendered to physicians, physician groups, or other licensed health care practitioners under these arrangements shall be deemed confidential information.

C. As used in this Section, the following definitions shall apply:

(1) "Managed care organization" means a licensed insurance company, hospital, or medical benefit plan or program, health maintenance organization, integrated health care delivery system, an employer or employee organization, or a managed care contractor which operates a managed care plan. A managed care entity may include but it is not limited to a preferred provider organization, health maintenance organization, exclusive provider organization, independent practice association, clinic without walls, management services organization, managed care services organization, physician hospital organization, and hospital physician organization.

(2) "Managed care plan" means a plan operated by a managed care organization which provides for the financing and delivery of health care and treatment services to individuals enrolled in such plan through its own employed health care providers or contracting with selected specific providers that conform to explicit selection, standards, or both. A managed care plan shall also mean a plan that has a formal organizational structure for continual quality assurance, a certified utilization review program, dispute resolution, and financial incentives for individual enrollees to use the plan's participating providers and procedures.

Acts 1997, No. 897, §2.
La. Rev. Stat. § 40:2604 — LA Code / Code revised-statutes / Title 40 / Section 2604
Property subject to forfeiture
Status: in_force

The following property is subject to seizure and forfeiture as contraband, derivative contraband, or property related to contraband under the provision of Section 4 of Article I of the Constitution of Louisiana:

(1) All controlled substances, raw materials, or controlled substance analogues that have been manufactured, distributed, dispensed, possessed, or acquired in violation of R.S. 40:961 et seq.

(2) All property that is either:

(a) Furnished or intended to be furnished by any person in exchange for a controlled substance in violation of R.S. 40:961 et seq.

(b) Used or intended to be used in any manner to facilitate conduct giving rise to forfeiture, provided that a conveyance subject to forfeiture solely in connection with conduct in violation of R.S. 40:961 et seq. may be forfeited only pursuant to the provisions of this Chapter.

(3) Proceeds of any conduct giving rise to forfeiture.

(4) All weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture.

(5) Any interest or security in, claim against, or property or contractual right of any kind affording a source of control over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of through conduct giving rise to forfeiture.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:2254.7 — LA Code / Code revised-statutes / Title 40 / Section 2254.7
Appeal
Status: in_force

A party to a cooperative agreement may appeal, in the manner provided in the Administrative Procedure Act, a final decision by the department to deny an application for a certificate or a decision by the department to revoke a certificate. A revocation of a certificate pursuant to R.S. 40:2254.6 does not become final until the time for appeal has expired. If a decision to revoke a certificate is appealed, the decision is stayed pending resolution of the appeal by the courts.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:2401.3 — LA Code / Code revised-statutes / Title 40 / Section 2401.3
Requirement for grant applications
Status: in_force

In order to be eligible to apply for and receive any state grants administered or procured by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, any governmental entity that employs a peace officer shall implement an in-service anti-bias training program, as administered by the council, including but not limited to topics such as procedural justice, cultural diversity, community relations, and peer intervention.

Acts 2021, No. 418, §2.
La. Rev. Stat. § 40:2013.3 — LA Code / Code revised-statutes / Title 40 / Section 2013.3
Superintendent to furnish report on patient's condition
Status: in_force

Superintendents of all hospitals for persons with mental illness administered by the Louisiana Department of Health are required upon written request of the coroner of the parish from which the patient was committed to furnish a report to the coroner of the patient's condition, showing diagnosis, laboratory findings, treatment prescribed and prognosis; and upon the written request of the attorney of the patient or a near relative shall make the patient's medical record available for inspection by such attorney or relative at such time as may be fixed by the superintendent.

Added by Acts 1958, No. 35, §1. Amended by Acts 1977, No. 680, §24; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:1151.8 — LA Code / Code revised-statutes / Title 40 / Section 1151.8
Penalties
Status: in_force

A. Any person who willfully conceals, cancels, defaces, obliterates, or damages the declaration of another, including the removal of a do-not-resuscitate identification bracelet, without such declarant's consent or who falsifies or forges a revocation or the declaration of another shall be civilly liable.

B. Any person who falsifies or forges the declaration of another or willfully conceals or withholds personal knowledge of a revocation of a declaration with the intent to cause the withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant, and thereby because of such act directly causes life-sustaining procedures to be withheld or withdrawn and death thereby to be hastened may be subject to prosecution under Title 14 of the Louisiana Revised Statutes of 1950.

Acts 1984, No. 382, §1; Acts 1999, No. 641, §1, eff. July 1, 1999; Redesignated from R.S. 40:1299.58.9 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1008 — LA Code / Code revised-statutes / Title 40 / Section 1008
Education and treatment
Status: in_force

A. The board shall, in consultation with and upon the recommendation of the advisory council, implement the following education courses:

(1) A course for persons who are authorized to access the prescription monitoring information, but who have violated the laws or breached occupational standards involving the prescribing, dispensing, or use of any controlled substances or drugs monitored by the prescription monitoring program.

(2) A continuing education course for healthcare providers or professionals on prescribing practices, pharmacology, and the identification, treatment, and referral of a patient addicted to or abusing controlled substances or drugs monitored by the prescription monitoring program.

B. The board shall, in consultation with and upon recommendation of the advisory council, implement an educational program to inform the public about the use, diversion and abuse of, addiction to, and treatment for the addiction to controlled substances or drugs monitored by the prescription monitoring program.

C. The board shall, upon reasonable suspicion, refer potential or alleged impaired prescribers and dispensers to the appropriate professional licensing or certification agency to ensure intervention, treatment, and ongoing monitoring and follow-up.

Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2017, No. 241, §1, eff. June 14, 2017.
La. Rev. Stat. § 40:600.95 — LA Code / Code revised-statutes / Title 40 / Section 600.95
Statutory pledge
Status: in_force

Any pledge made by the corporation shall be valid and binding from the time when the pledge is made. The money, assets, or revenues of the corporation so pledged and thereafter received by the corporation shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in order to establish and perfect a lien or security interest in the property so pledged.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1217.5 — LA Code / Code revised-statutes / Title 40 / Section 1217.5
Services
Status: in_force

A. The medical center shall provide kidney health care services directly or through public or private resources to persons determined to be eligible for services authorized by this Part.

B. The medical center may cooperate with other departments, agencies, political subdivisions, and public and private institutions to provide services to eligible persons, to study the public health and welfare needs involved, and to plan, establish, develop, and provide programs or facilities and services that are necessary or desirable, including any that are jointly administered with state agencies.

C. The medical center may conduct research and compile statistics relating to the provision of kidney care services and the need for the services by persons with disabilities.

D. The medical center may contract with schools, hospitals, corporations, agencies, and individuals, including doctors, nurses, and technicians, for training, physical restoration, transportation, and other services necessary to treat and care for persons with kidney disease.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1300.85 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:717 — LA Code / Code revised-statutes / Title 40 / Section 717
Inspection of bottling plants and places for sale; fee
Status: in_force

The department shall make at least one inspection each year of each bottling plant and place where soft drinks, malt beverages, or other nonalcoholic beverages are manufactured or sold in containers. However, it may inspect any such plant as often as it thinks proper for the enforcement of this Part or in the interest of the public health. The department may issue multiple permits to bottling plants; however, only one annual fee per establishment shall be charged and collected from plants bottling soft drinks, syrups, mixes, and concentrates. The department shall charge and collect an annual fee for each soft drink bottling plant based on the gross annual sales of such plant according to the following schedule:

Annual sales

Annual fee

Under $500,000

$ 175.00

$500,000 - $1,000,000

475.00

$1,000,001 - $2,500,000

775.00

$2,500,001 - $5,000,000

1,075.00

over $5,000,000

1,375.00

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
La. Rev. Stat. § 40:700.5 — LA Code / Code revised-statutes / Title 40 / Section 700.5
Permit; application; fees; renewal
Status: in_force

A. The department may require all dealers who engage in the business of selling water treatment devices to the public to obtain a permit and shall provide by regulation for a reasonable time period in which to obtain such permit.

B. The department shall have the authority to promulgate rules and regulations and to charge reasonable fees relating to the issuance of such permits. Any applicant which meets the criteria established by the department shall be issued a permit.

C. Permits issued pursuant to the provisions of this Subpart shall be valid for one calendar year from the date of issue, unless revoked as provided in R.S. 40:700.6, and shall be renewed annually thereafter.

Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1300.62 — LA Code / Code revised-statutes / Title 40 / Section 1300.62
Definitions
Status: in_force

As used in this Part, the following terms have the following meanings ascribed to them unless the context clearly indicates otherwise:

(1) "Local government" means a parish or municipality, as provided pursuant to Article VI, Sections 1 and 2 of the Constitution of Louisiana.

(2) "Mitragynine speciosa" shall have the same meaning as defined in R.S. 14:91.10.

Acts 2023, No. 416, §2.
La. Rev. Stat. § 40:1010 — LA Code / Code revised-statutes / Title 40 / Section 1010
Evaluation; data analysis; reporting
Status: in_force

A. The board shall, in consultation with and upon recommendation of the advisory council, design and implement an evaluation component to identify cost benefits of the prescription monitoring program and other information relevant to policy, research, and education involving controlled substances and drugs monitored by the prescription monitoring program.

B. The board shall report to the appropriate legislative oversight committees on a periodic basis, but in no case less than annually, the cost benefits and other information contained in Subsection A of this Section.

Acts 2006, No. 676, §1, eff. July 1, 2006.
La. Rev. Stat. § 40:2120.24 — LA Code / Code revised-statutes / Title 40 / Section 2120.24
Administrative rulemaking
Status: in_force

The department shall adopt all rules and regulations in accordance with the Administrative Procedure Act as necessary for the implementation of the provisions of this Part.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:51 — LA Code / Code revised-statutes / Title 40 / Section 51
Delayed determination of cause of death
Status: in_force

If the cause of death cannot be determined within three days after death, the certification of the cause of death may be returned after the prescribed period, but the attending physician or coroner shall notify the local registrar of the parish in which the death occurred, in writing, of the reason for the delayed certification of the cause of death, in order that a permit for the disposition of the body may be issued.

Acts 1979, No. 776, §1.
La. Rev. Stat. § 40:996.2 — LA Code / Code revised-statutes / Title 40 / Section 996.2
Definitions
Status: in_force

For the purposes of R.S. 40:996.1 through 996.7, the following terms shall have the following meanings:

(1) "Dangerous substance" means a substance which is not otherwise listed as a controlled dangerous substance and has been determined to be an imminent hazard to the public health, safety, and welfare by the secretary using the criteria and standards prescribed in R.S. 40:996.3.

(2) "Dangerous substance stop order" is a rule adopted by the Louisiana Department of Health pursuant to the provisions of R.S. 40:996.3 and 996.4, declaring that a substance is a dangerous substance which shall not be sold, distributed, manufactured, or dispensed.

Acts 2012, No. 347, §1.
La. Rev. Stat. § 40:2231 — LA Code / Code revised-statutes / Title 40 / Section 2231
Definitions
Status: in_force

For the purposes of this Part:

(1) "Department" means the Louisiana Department of Health.

(2) "Enrollee" means any Medicaid recipient or indigent, uninsured, or underinsured person enrolled in a qualified plan for the provision of health care services whose enrollment costs are paid wholly or in part by the state under a federal waiver to the Medicaid program.

(3) "Qualified plan" means a basic benefits plan that may be established under a health maintenance organization, health insurance organization, or managed care organization that contracts with the state to provide or coordinate the provision of health care services to an enrollee.

Acts 1995, No. 1212, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:513 — LA Code / Code revised-statutes / Title 40 / Section 513
Filing a false report
Status: in_force

Any representative of a local housing authority who knowingly approves, signs, or files an annual report of an authority which is materially false or misleading shall be guilty of misconduct in office.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1083.2 — LA Code / Code revised-statutes / Title 40 / Section 1083.2
Legislative intent
Status: in_force

The legislature finds that:

(1) Critical congenital heart disease can cause severe and life-threatening symptoms that require intervention within the first days of life. Early detection of CCHD and timely intervention can decrease morbidity and mortality and lead to better outcomes for affected children.

(2) According to the Centers for Disease Control and Prevention (CDC), CHDs occur in approximately one in one hundred ten births in the United States. About twenty-five percent of CHDs are considered CCHDs.

(3) Current methods for detecting CCHDs generally include prenatal ultrasound screening and repeated clinical examinations. Defects are also often not detected during routine clinical exams performed prior to a newborn baby's discharge from a birthing facility.

(4) When a screening for CCHD, such as pulse oximetry screening, is performed on a newborn in a birthing facility, it is effective in detecting life-threatening CHDs, which otherwise go undetected by current screening methods. The use of pulse oximetry in newborn nurseries is standard in most hospitals.

(5) Newborns with abnormal pulse oximetry results require immediate testing to confirm a defect and allow intervention. Many newborns could be saved by earlier detection and treatment of CCHD if birthing facilities in the state of Louisiana were required to perform this simple, noninvasive newborn screening in conjunction with current CCHD screening methods.

Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.372 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:600.105 — LA Code / Code revised-statutes / Title 40 / Section 600.105
Cooperation of state agencies
Status: in_force

All state officers and agencies are authorized to render such services to the corporation within their respective functions as may be requested by the corporation.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1300.51 — LA Code / Code revised-statutes / Title 40 / Section 1300.51
Short title
Status: in_force

This Part shall be known and may be cited as the " Don Scoggins Law".

Acts 2023, No. 367, §1; Acts 2024, No. 666, §1.
La. Rev. Stat. § 40:600.109 — LA Code / Code revised-statutes / Title 40 / Section 600.109
Construction of Chapter
Status: in_force

This Chapter, being necessary for the welfare of the state and its residents, shall be liberally construed to effect the purposes thereof.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1061.17.1 — LA Code / Code revised-statutes / Title 40 / Section 1061.17.1
Development of AdoptionOption.La.Gov website; task force
Status: in_force

The legislature hereby establishes a task force within the Louisiana Department of Health to advise the secretary of the department concerning the preparation of the printed and internet materials provided for in R.S. 40:1061.17(C)(1)(e) and (D), and to develop public education initiatives to publicize the information in a manner consistent with state law. The task force shall be composed of the following members:

(1) Not more than two licensed clinical social workers licensed by the Louisiana State Board of Social Work Examiners, each of whom shall have experience in assisting birth mothers in navigating the adoption process, appointed by the governor.

(2) Not more than two Louisiana residents who provide pre-abortion or post-abortion counseling in association with a nonprofit organization that does not counsel for or provide abortion, appointed by the governor.

(3) Not more than two attorneys licensed in Louisiana and employed by nonprofit organizations who specialize in advocacy for women at risk of being coerced into abortion, or who specialize in navigating the adoption process, appointed by the governor.

(4) Not more than two Louisiana residents who are employed by public or private nonprofit adoption agencies, appointed by the governor.

(5) Not more than two executive directors of Louisiana nonprofit organizations that promote adoption as an alternative to abortion, or their designees.

(6) Two members of the Senate appointed by the president.

(7) Two members of the House of Representatives appointed by the speaker.

(8) The secretary of the Louisiana Department of Health or his designee, who shall serve as a co-chairperson of the task force.

(9) The secretary of the Department of Children and Family Services or his designee, who shall serve as a co-chairperson of the task force.

Acts 2018, No. 319, §1.
La. Rev. Stat. § 40:1566 — LA Code / Code revised-statutes / Title 40 / Section 1566
Investigation of fires; reports; records of fires
Status: in_force

Under the direction of the fire marshal, the chief of the fire department in each municipality where a fire department is established, the chief officer of each special fire protection district created under Part I of this chapter, the town marshal of towns and villages which have no fire department, or the sheriff of each parish, insofar as the territory outside the limits of any incorporated municipality or of any special fire protection district is concerned, shall investigate the cause, origin, and circumstances of every fire occurring within their respective jurisdictions. This investigation shall specifically determine, insofar as possible, the cause of and circumstances surrounding the fire. The investigation shall be made at the earliest possible time following the start of the fire. The officer making the investigation shall immediately notify the fire marshal if the circumstances indicate that the possible cause of the fire is human design or criminal neglect. Upon receiving such a report of possible arson or fire caused by design or criminal neglect, the fire marshal shall assign one or more deputies to direct the investigation.

Local officers making investigations hereunder shall transmit monthly a written statement of all facts relating to the cause and the origin of the fire, the kind, value, and ownership of the property destroyed or damaged, the amount of insurance which may have been in force upon the property at the time of the fire, and any other information called for by the fire marshal.

The fire marshal shall keep in his office a record of each fire occurring in the state, together with all facts, statistics, and circumstances thereof, including the origin of the fire, that have been determined by the investigations provided for in this section or otherwise.

Amended by Acts 1974, No. 235, §1.
La. Rev. Stat. § 40:31.22 — LA Code / Code revised-statutes / Title 40 / Section 31.22
Admission; general provisions
Status: in_force

A. The director of an inpatient facility for the treatment of active tuberculosis, subject to the availability of suitable accommodations, shall receive the following persons for care and treatment:

(1) A person whose admission is authorized under the procedures set forth in R.S. 40:4 et seq., and the provisions of this Part.

(2) A person who is ordered to be admitted by the state health officer or his designee.

B. The failure by any director of an inpatient treatment facility to obey an order or judgment by a court of competent jurisdiction shall not be construed as contempt of court if the director shows that the failure to obey is due to the inability to comply with the order or judgment because medically suitable accommodations for the patient are unavailable or because consent of the state health officer or his designee has not been obtained.

C. A person admitted to a facility for the treatment of active tuberculosis shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility. If the person is illiterate or otherwise does not read or understand English, appropriate provisions shall be made to supply him with the required information. A copy of the information required by this Subsection also shall be posted in any area where a person is confined or treated.

D. A person confined to a treatment facility for active tuberculosis may receive medication and treatment without his consent.

E.(1) When a person arrives at the inpatient facility for treatment of tuberculosis pursuant to R.S. 40:31.24, the facility shall triage the patient and shall determine whether the patient is in need of medical stabilization for conditions other than infectious tuberculosis.

(2) If it is determined that medical stabilization is needed, the patient may be temporarily transferred to a general hospital for appropriate stabilization of the other medical conditions.

(3) Any such temporary transfer to a general hospital shall not be deemed to affect the patient's status at the facility for the treatment of tuberculosis, and the provisions of R.S. 40:31.23 shall continue to apply while the patient is temporarily housed in the general hospital for medical stabilization purposes. The patient shall be returned to the facility for the treatment of tuberculosis in time for the procedures specified in R.S. 40:31.25.

Acts 1995, No. 373, §1, eff. June 16, 1995; Acts 1997, No. 969, §1, eff. July 10, 1997.
La. Rev. Stat. § 40:1701 — LA Code / Code revised-statutes / Title 40 / Section 1701
Safety bolts on certain windows; penalty for failure
Status: in_force

Every person who constructs a commercial building in a municipality having a population of fifty thousand or more persons shall install safety bolts on all windows opening on the second or any higher floor to safeguard employees engaged in window cleaning, window repair work, or the installation of window awnings.

Whoever violates this Section shall be fined not more than two hundred and fifty dollars.
La. Rev. Stat. § 40:1285.5 — LA Code / Code revised-statutes / Title 40 / Section 1285.5
Designation of high-risk areas
Status: in_force

The Louisiana Department of Health, after consultation with representatives from the state's medical schools and analysis of childhood blood lead surveillance, housing, and Medicaid data, shall identify geographic areas in the state and establish those areas as high-risk for lead poisoning. Based upon the analysis of data by the Louisiana Department of Health, blood lead screening of children of certain ages residing in these identified areas shall be mandated by rules adopted in accordance with the Administrative Procedure Act. The office of public health shall promulgate rules and regulations to implement the specific policies and procedures for mandated childhood blood lead screening.

Acts 2004, No. 893, §1; Redesignated from R.S. 40:1299.25 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1263.2 — LA Code / Code revised-statutes / Title 40 / Section 1263.2
Louisiana Organ Transplant Assistance Program
Status: in_force

The secretary of the Louisiana Department of Health shall establish in the office of the secretary a Louisiana Organ Transplant Assistance Program.

Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.122 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.30 — LA Code / Code revised-statutes / Title 40 / Section 1730.30
Regulation of construction or improvement of farm, recreational, and residential accessory structures; authority to issue building permits
Status: in_force

A.(1) For purposes of this Section, "farm structure" means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm including but not limited to barns, sheds, and poultry houses but not public livestock areas. For purposes of this Section, "farm structure" does not include a structure originally qualifying as a "farm structure" but later converted to another use.

(2) For purposes of this Section, "residential accessory structure" means a structure not exceeding five hundred square feet in footprint, and not attached to a residence that is used as an accessory to the primary use of the residence, and not constructed in regions where the basic wind speeds from Figure R301.2(4) of the International Residential Code, as promulgated by the council, equal or exceed one hundred miles per hour, or forty-five meters per second, in hurricane-prone regions or one hundred ten miles per hour, or forty-nine meters per second, elsewhere.

B. The governing authority of a parish or municipality shall not enforce that portion of the state uniform construction code which regulates the construction or improvement of a farm structure or private outdoor recreational structure, other than a residence or structure attached to a residence, such as a hunting or fishing camp or residential accessory structure. However, a municipality with a population in excess of forty-five thousand according the latest federal decennial census may enforce that portion of the state uniform construction code which regulates the construction or improvement of a residential accessory structure.

C. For residential construction, the standards published by the Federal Emergency Management Agency for the National Flood Insurance Program shall apply.

D. The provisions of this Section shall not affect the power of the governing authority of a parish or municipality to issue building permits before the construction or improvement of a farm or private outdoor recreational structure.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2008, No. 830, §1.
La. Rev. Stat. § 40:1191.2 — LA Code / Code revised-statutes / Title 40 / Section 1191.2
Final disposition of fetal remains; rights of parents; notice required; exception
Status: in_force

A. Prior to the final disposition of a miscarried child, but not more than twenty-four hours after the miscarriage occurs in a health facility, the facility shall notify the patient, or if the patient is incapacitated, the spouse of the patient, both orally and in writing, of both of the following:

(1) The parent's right to arrange for the final disposition of the child through the use of the notice of parental rights form as provided for in R.S. 40:1191.3.

(2) The availability of a chaplain or other counseling services concerning the death of the child, if such services are provided by the health facility.

B.(1) The patient shall have forty-eight hours from receipt of the notice of parental rights form provided by the health facility pursuant to Subsection A of this Section to indicate on the notice of parental rights form the patient's intent to arrange for the final disposition of the miscarried child and to return the notice of parental rights form to the health facility.

(2) If the health facility receives the patient's completed notice of parental rights form within the time period required by this Subsection, and once it is medically appropriate for the final disposition of the fetal remains to occur, the health facility shall make the remains available to transfer for a minimum of seventy-two hours. After the transfer, the final disposition of the fetal remains by the transferee shall be in accordance with the provisions of Chapter 10 of Title 8 of the Louisiana Revised Statutes of 1950.

(3) If the health facility does not receive the patient's completed notice of parental rights form within the time period required by this Subsection, the fetal remains shall be disposed of in accordance with the rules and regulations promulgated by the Louisiana Department of Health.

C. No notice shall be required if both the patient and the patient's spouse are incapacitated or otherwise unable to receive the notice required by Subsection A of this Section.

Acts 2016, No. 59, §1, eff. Jan. 1, 2017.
La. Rev. Stat. § 40:1295.1 — LA Code / Code revised-statutes / Title 40 / Section 1295.1
Legislative findings; purpose
Status: in_force

A. The legislature hereby finds and declares the following:

(1) Cigarette smoking is a leading cause of preventable death in our state and nation.

(2) Though smoking-related illnesses and deaths and their associated human and economic costs are a devastating public health problem across the United States, and billions of dollars from sources such as cigarette taxes and tobacco-related legal settlements are available to states for preventing and controlling tobacco use, only a fraction of these funds is put to this public health service, and state spending on tobacco prevention and control falls below CDC recommended levels.

(3) Though smoking is an exceptionally difficult habit to break due to the powerful nature of addiction to cigarettes, many thousands of Americans win the battle to quit smoking each year, often with the help of a smoking cessation program.

B. The purpose of this Part is to increase awareness of and access to smoking cessation programs and services available in Louisiana.

Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.
La. Rev. Stat. § 40:1071.2 — LA Code / Code revised-statutes / Title 40 / Section 1071.2
Program for combating spinal cord disabilities; establishment
Status: in_force

A. The office of public health shall establish a plan for services to children with special health care needs and shall promulgate any such rules and regulations as may be necessary to place the plan into effect. Any such plan may provide for:

(1) The administration of the plan by the office of public health.

(2) The office of public health to make any reports as may be required by the federal government.

(3) Accomplishing the purposes provided in R.S. 40:1071.

(4) Cooperation with medical, health, nursing, social work, and welfare groups and organizations which provide services to children with physical disabilities.

(5) Such other provisions as may be deemed necessary to carry out the purposes of this Part.

B. The secretary of the Louisiana Department of Health shall establish within the office of public health a comprehensive program designed to provide for the coordinated treatment, habilitation, and rehabilitation of persons suffering from congenital or acquired spinal cord dysfunctions. The secretary shall promulgate rules and regulations necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.

Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.113 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:31.13 — LA Code / Code revised-statutes / Title 40 / Section 31.13
Development of immunization registry and tracking and recall system; standards
Status: in_force

The office of public health, a public health unit, or both, or their agents or other providers may develop an immunization registry and an associated tracking and recall system. The developer of any system shall consult providers in developing the system to provide for a simple and efficient system of transferring information. The registry and associated tracking system shall be named the Louisiana Immunization Network (LINKS), and shall include but not be limited to the following:

(1) Immunization records of all clients born or living within the jurisdiction of the agency that develops the registry.

(2) A uniform method of tracking, updating, and recording immunization histories of registered clients.

(3) Procedures formulated in consultation with providers that will allow a provider to provide information to and obtain information from the immunization registry and immunization tracking and recall records without the consent of a client under eighteen years of age or the parent or guardian of such a client.

(4) Procedures that allow an immunization record of a client to be released to a client or the client's parent, guardian, school, or early learning center.

(5) A method of notifying the client or parent or guardian of the client when the tracking and recall system indicates that a client is due to receive a scheduled immunization or when the client has missed a scheduled immunization.

(6) A procedure for sharing or transferring information with any other immunization registry and its associated tracking and recall systems within the state.

(7) A method for providing or publishing information in aggregate form that does not identify a client.

(8) Methods assuring that information contained in the immunization registry only be used to track and document immunization status, for other immunization program-related activities, and for associated public health research.

Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §§1, 2, eff. June 11, 2019; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:2622 — LA Code / Code revised-statutes / Title 40 / Section 2622
Short title
Status: in_force

The provisions of this Chapter shall be known and may be referred to as the "Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989".

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:1493 — LA Code / Code revised-statutes / Title 40 / Section 1493
Notice of intention to create, enlarge, or redistrict; resolution
Status: in_force

A. No fire protection district shall be created, enlarged, or redistricted under this Part until the notice prescribed in this Section has been given.

B. Notice of intention to create, enlarge, or redistrict a fire protection district shall be ordered by resolution of the governing authority of each parish to be included in the proposed district and concurred in by the governing authority of any municipality or municipalities to be included in the district. The resolution shall state the boundaries proposed for the contemplated fire protection district. The notice shall state that the parish governing authority ordering its publication will, in open session, on a date and at an hour and place named, proceed to create the proposed district.

C. This notice shall be published once a week for two successive weeks, the first publication being not less than fifteen days before the date fixed for the hearing, in a newspaper having general circulation in the parish.

Amended by Acts 1975, No. 17, §1; Acts 1976, No. 267, §1; Acts 1981, No. 116, §1.
La. Rev. Stat. § 40:540 — LA Code / Code revised-statutes / Title 40 / Section 540
Compensation; expense reimbursements to commissioners
Status: in_force

A. Except as otherwise approved by the governing body of the municipality or parish for which the local housing authority was formed, or, in the case of regional or consolidated housing authorities, the governing bodies of the municipalities and parishes participating therein, commissioners shall receive no compensation for their services, but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in connection with the discharge of their duties.

B. Subject to said approval, a board of commissioners may authorize compensation, provided that:

(1) The method of compensation shall be uniformly applied with respect to all commissioners.

(2) Payment shall be made only in connection with actual participation in meetings or other authority activities on a per diem basis.

(3) Payments to any commissioner shall be reasonably related to the efforts expended.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:439 — LA Code / Code revised-statutes / Title 40 / Section 439
Rental of housing and other property
Status: in_force

Subject only to the limitations contained in R.S. 40:482 through 489, a local housing authority may:

(1) Lease or rent any dwellings, facilities, or other real or personal property owned, controlled, or possessed by the authority, or with respect to which the authority has contractual rights permitting such lease or rental, for such terms, upon such conditions and lease terms and in exchange for such rentals as the authority may from time to time in its discretion determine.

(2) Establish rents in such manner and in such amounts as the authority may deem appropriate, including but not limited to rents based upon family income, determined with such adjustments and exclusions as the authority deems appropriate, minimum rents, flat rents, graduated rents, rent ranges, and maximum rents, any of which may vary among the authority's developments.

(3) Establish any other standards and conditions relating to rentals that the authority may deem appropriate.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:530 — LA Code / Code revised-statutes / Title 40 / Section 530
Conflict of interest
Status: in_force

All housing authority officials and employees are subject to the state Code of Governmental Ethics.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1125.15 — LA Code / Code revised-statutes / Title 40 / Section 1125.15
Healthcare needs of persons with sickle cell disease; legislative findings; use of registry data in care coordination
Status: in_force

The legislature hereby finds that sickle cell patients who need care for sickle cell disease and other health conditions often face lengthy wait times for that care, and that these wait times contribute to poor health outcomes and excess morbidity and mortality among populations that are impacted by sickle cell disease. The legislature further finds that sickle cell patients may face greater barriers in accessing the necessary care for their disease after reaching the age of majority or aging out of health coverage furnished through the Louisiana Children's Health Insurance Program. Therefore, the secretary of the department shall take such actions as are necessary to support the facilitation of care coordination for sickle cell patients, assist in reducing the wait times to access healthcare services, and assist in promoting continuity of care for young people who age out of Louisiana Children's Health Insurance Program coverage.

Acts 2022, No. 647, §2.
La. Rev. Stat. § 40:620 — LA Code / Code revised-statutes / Title 40 / Section 620
Certification of coal-tar colors for drugs
Status: in_force

The department may promulgate regulations for the certification of coal-tar colors which are harmless and suitable for use in drugs for purposes of coloring only.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1125.11 — LA Code / Code revised-statutes / Title 40 / Section 1125.11
Definitions
Status: in_force

As used in this Subpart, the following terms have the meanings ascribed to them in this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Registry" means the sickle cell disease registry established by the provisions of this Subpart.

Acts 2022, No. 647, §2.
La. Rev. Stat. § 40:2200.4 — LA Code / Code revised-statutes / Title 40 / Section 2200.4
Approved dementia training
Status: in_force

Any dementia specific training received in a nursing or nursing assistant program approved by the Louisiana Department of Health or the Department of Children and Family Services may be used to fulfill the training hours required pursuant to this Part.

Acts 2008, No. 571, §1, eff. June 30, 2008.
La. Rev. Stat. § 40:4.3 — LA Code / Code revised-statutes / Title 40 / Section 4.3
Hard- and soft-shell crabs; preparation in traditional manner for public consumption
Status: in_force

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare hard- and soft-shell crabs in the traditional manner for public consumption at recognized outdoor Louisiana festivals, including preparation in the open for service to the public at such public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Added by Acts 1983, No. 42, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1667.8 — LA Code / Code revised-statutes / Title 40 / Section 1667.8
Authorization of back supplemental salary payment
Status: in_force

If it is determined by the board of review, as established in this Subpart, that supplemental salaries, as provided for in R.S. 40:1667.1 and R.S. 40:1667.7, are due eligible recipients for back periods of time, the board shall certify to the Joint Legislative Committee on the Budget that such payment is due. Upon receipt of such certification, the Joint Legislative Committee on the Budget may, in its discretion, approve payment of all or a portion of such supplemental salary from the appropriate special fund created in this Part; however, no payment shall be made to any one recipient in excess of ten thousand dollars at any one time.

Added by Acts 1982, No. 110, §2, eff. July 11, 1982. Redesignated from R.S. 33:2218.9. See Acts 2014, No. 158, §§3 and 7.
La. Rev. Stat. § 40:1749.21 — LA Code / Code revised-statutes / Title 40 / Section 1749.21
Miscellaneous provisions
Status: in_force

A. Except as otherwise specifically provided herein, the provisions of this Part shall not affect any civil remedies for personal injury or property damage, including damage to underground facilities or utilities.

B. Nothing in this Part shall affect any permitting process granted to a parish, municipal, local, or state governing authority. If a permit is issued in conjunction with excavation or demolition subject to the provisions of this Part, upon issuing the permit, the governing authority is encouraged to distribute to the permittee information regarding compliance with the provisions of this Part. The regional notification centers shall provide the information to the governing authority for distribution. The failure of the governing authority to distribute the information shall not for that reason alone create any liability on the part of the governing authority or permittee nor otherwise reduce or limit the duties and responsibilities of excavators or demolishers under this Part.

C. Repealed by Acts 2024, No. 75, §2, eff. Jan. 1, 2025.

D. Repealed by Acts 2024, No. 75, §2, eff. Jan. 1, 2025.

Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 2021, No. 46, §1; Acts 2024, No. 75, §2, eff. Jan. 1, 2025.
La. Rev. Stat. § 40:2607 — LA Code / Code revised-statutes / Title 40 / Section 2607
Property management and preservation
Status: in_force

A. Property taken or detained under this Chapter is not subject to alienation, sequestration, or attachment. The seizing agency or the district attorney may authorize the release of the seizure for forfeiture on the property if forfeiture or retention is unnecessary, and the district attorney may transfer the action to another district attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or district attorney. The property is deemed to be in the custody of the district attorney subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. The property is subject to the interests of secured parties or lienholders whose interests are exempt from forfeiture.

B. If property is seized under this Chapter, the district attorney or his designee may do any of the following:

(1) Remove the property to an appropriate place designated by the district attorney or his designee.

(2) Place the property under constructive seizure by posting Notice of Pending Forfeiture on it, by giving Notice of Pending Forfeiture to its owners and interest holders, or by filing Notice of Pending Forfeiture in any appropriate public record relating to the property.

(3) Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account.

(4) Provide for another agency or custodian, including an owner, secured party, or lienholder, to take custody of the property and remove it to an appropriate location within the jurisdiction of the court.

(5) Require the Department of Public Safety and Corrections or other law enforcement agency to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(6) Release the property to the claimant without a court order if the district attorney determines forfeiture or retention is unnecessary.

C. As soon as practicable after seizure for forfeiture, the seizing agency shall conduct a written inventory and estimate of the value of the property seized.

D. If the hearing has not been held within sixty days of the filing of a lawsuit seeking forfeiture or one hundred eighty days of the seizure of any vessel, vehicle, aircraft, merchandise, or other property seized under the laws of this state and liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, the district attorney may petition the court, with notice to interest holders and claimants, to initiate a sale pending forfeiture to ensure that the value of the property is preserved throughout the court proceedings.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1992, No. 721, §1; Acts 2007, No. 71, §1.
La. Rev. Stat. § 40:1561 — LA Code / Code revised-statutes / Title 40 / Section 1561
Recognition; appointment; term; compensation; qualifications
Status: in_force

A. There shall be a fire marshal of the state of Louisiana who shall be appointed by the governor for a term coextensive with his own. The state fire marshal shall have the following qualifications:

(1) have a college degree or have at least ten years experience in the fire service with five of such years as a district chief or higher position or chief of a fire prevention bureau or equivalent experience;

(2) have at least two years experience in management and personnel supervision;

(3) have been continuously engaged in the fire protection field for at least five years; and

(4) has demonstrated through his past endeavors his ability to perform the functions assigned to his office.

B. The office of fire marshal of the State of Louisiana shall be subject to and regulated by the provisions of Chapter 1 of Title 39 and particularly with respect to the requirements of budgetary control and central purchasing.

C. The state fire marshal shall receive a minimum annual salary of seventeen thousand five hundred dollars. The qualifications set forth in this section shall take effect as of the day beginning the next gubernatorial term.

Amended by Acts 1956, No. 94, §1; Acts 1965, No. 53, §1; Acts 1967, No. 86, §1; Acts 1968, No. 479, §1; Acts 1970, No. 419, §1; Acts 1974, No. 222, §1.
La. Rev. Stat. § 40:2162.3 — LA Code / Code revised-statutes / Title 40 / Section 2162.3
Definitions
Status: in_force

As used in this Part, the following terms have the meaning ascribed in this Section:

(1) "Applicant" means an entity applying for a community-based care facility license from the Louisiana Department of Health.

(2) "Client" means any person who has been accepted for treatment or services, including rehabilitation services, furnished by a facility licensed pursuant to this Part.

(3) "Community-based care facility" means a facility where five or more adults with a primary diagnosis of mental illness who are not related to the operator or administrator and who do not require care above intermediate-level nursing care reside and receive care, treatment, or services that are above the level of room and board and include no more than three hours of nursing care per week per resident.

(4) "Community-based care services" means services provided in a community-based care facility licensed pursuant to the provisions of this Part.

(5) "Department" means the Louisiana Department of Health.

(6) "Financial viability" means the ability of the licensee to maintain capital, lines of credit, insurance, and other financial resources at levels deemed sufficient by the Louisiana Department of Health for operation of a community-based care facility.

(7) "License" means a license issued by the Louisiana Department of Health to a community-based care facility.

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:1049.11 — LA Code / Code revised-statutes / Title 40 / Section 1049.11
Limitation of liability
Status: in_force

A. The owner or operator of a retail pharmacy, who has submitted to the United States Attorney General a self-certification in accordance with the requirements of 21 U.S.C. 830(e) regarding training of employees engaged in the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be liable for violations of this Part by the retail pharmacy's employees.

B. No licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be personally liable for any act or omission resulting in damage, injury, or loss arising out of the dispensing of a compound containing ephedrine, pseudoephedrine, or phenylpropanolamine and the transmittal of that transaction to the central computer monitoring program as authorized by the provisions of this Part; however, this limitation of liability shall not be applicable if the damage, injury, or loss was caused by the gross negligence or willful or wanton misconduct of the pharmacist, certified pharmacy technician, or pharmacy employee.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:1081.2 — LA Code / Code revised-statutes / Title 40 / Section 1081.2
Tests
Status: in_force

A.(1) The physician attending a newborn child, or the person attending a newborn child who was not attended by a physician, shall, except as may be otherwise provided in this Section, cause the child to be subjected to tests for all genetic or other congenital conditions listed in the rule promulgated by the Louisiana Department of Health pursuant to Subsection B of this Section; however, no such tests shall be given to any child whose parents or guardians object thereto.

(2) If any of the tests are positive, the attending physician or person shall notify the Louisiana Department of Health.

(3) The department shall follow up all positive tests with the attending physician who notified the department thereof and with the parents of the newborn child when such notification was made by a person other than a physician, and, when confirmed, shall inform either the physician or parents or both of the services and facilities that are available from the Louisiana Department of Health and from other state boards, departments, and agencies that are cooperating with the department in carrying out the programs authorized by this Subpart. Such follow-up shall include the availability of board eligible or board certified geneticists and appropriate ancillary personnel including genetic counselors and laboratory technicians trained to operate clinical biochemical genetics laboratory equipment. In the event there is an insufficient amount of counselors, the department shall determine which genetic tests shall be suspended until the proper number of genetic counselors are available.

(4) These services and facilities shall be made available to the extent needed by the family and physician. The Louisiana Department of Health and the other state departments and agencies cooperating with it shall, in cooperation with the attending physician, provide for the continued medical care, dietary, and other related needs of such children where necessary or desirable.

(5) The laboratory established by the Louisiana Department of Health pursuant to R.S. 40:1081.1(B) shall provide testing for each condition listed in the rule promulgated by the Louisiana Department of Health pursuant to Subsection B of this Section; however, such testing and the services and facilities required by Paragraphs (3) and (4) of this Subsection shall be subject to available funding.

B.(1) Pursuant to the rule adopted in accordance with the Administrative Procedure Act, the Louisiana Department of Health shall set forth a list of genetic or other congenital conditions for which a newborn shall be tested; however, no approved test for any genetic or other congenital condition added shall be given to any child whose parents or guardians object thereto.

(2) At least annually, the list shall be reviewed by the state health officer, in consultation with departmental genetic disease advisory subject matter experts, to determine whether additional conditions, including conditions added to the United States Department of Health and Human Services' Recommended Uniform Screening Panel (RUSP), should be recommended to the secretary of the department for inclusion therein.

(3) After adding a condition to the list by rulemaking, the Louisiana Department of Health shall request a legislative appropriation for any funding necessary for conducting the test and providing the services required in accordance with Subsection A of this Section.

(4) The department shall provide an annual report to the legislature, beginning March 1, 2024, of any condition added to the RUSP and the department's review and determination on the condition.

Acts 1999, No. 328, §1; Acts 2004, No. 278, §1; Acts 2006, No. 754, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1299.1 by HCR 84 of 2015 R.S.; Acts 2016, No. 507, §1, special eff. date.; Acts 2021, No. 305, §1, eff. Jan. 1, 2022; Acts 2023, No. 17, §1, eff. May 30, 2023.
La. Rev. Stat. § 40:2115.19 — LA Code / Code revised-statutes / Title 40 / Section 2115.19
Reports to the attorney general
Status: in_force

A. The attorney general may require annual reports from the seller or its successor corporation or foundation and from the purchaser or other parties to the acquisition for up to five years after the date of acquisition to ensure compliance with commitments made to the attorney general. The attorney general may subpoena information and documents reasonably necessary to assure compliance.

B. If the attorney general receives information indicating that the acquiring person is not fulfilling the commitment to the affected community as provided for in R.S. 40:2115.18, the attorney general shall hold a hearing upon ten days notice to the affected parties. If after the hearing the attorney general determines that the information is true, it may petition the department to revoke the license issued to the purchaser. Any action by the department to revoke the license shall conform to the procedure in R.S. 40:2109 et seq., and the regulations promulgated thereunder.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:1731 — LA Code / Code revised-statutes / Title 40 / Section 1731
Purposes
Status: in_force

A. The legislature hereby finds that the disabled community is denied access to much of the built environment and that this denial of access often prevents the disabled community from exercising their rights and privileges as citizens. Denial of access further impairs the ability of the disabled community to secure an education, to find and maintain gainful employment, to live independently, and to otherwise participate fully in society. The legislature further finds that a large proportion of the population is disabled and that this state has a moral interest in securing equal rights for all its citizens and an economic interest in the removal of architectural barriers which keep members of the disabled community on public assistance programs and from becoming productive citizens.

B. It is therefore the policy of this state to bring to an end, as quickly as possible, the undue hardship caused by architectural barriers. The state shall enable persons who are disabled to achieve maximum personal independence, to become gainfully employed, and to use and enjoy all buildings and facilities. It is the intent of the legislature to implement the removal of architectural barriers so that members of the disabled community will share equally in the right to use and enjoy the man-made environment, including but not limited to places of employment, recreation, entertainment, shopping, and education.

Added by Acts 1977, No. 625, §1; Acts 2011, No. 398, §1.
La. Rev. Stat. § 40:34.5 — LA Code / Code revised-statutes / Title 40 / Section 34.5
Original birth certificate; required contents; name of father
Status: in_force

A. If the child is born to a mother who either is married or was married within three hundred days prior to the birth of the child, the full name of the father shall be recorded in the same manner provided for the recordation of the surname of the child in R.S. 40:34.2(2)(a) and (c), unless otherwise provided by law.

B. If the child is born to a mother who neither is married nor was married within three hundred days prior to the birth of the child, the full name of the father who has acknowledged his child by authentic act shall be included on the birth record of the child, but only if the father and mother agree.

C. In the case of a child born of a surrogate birth parent as a result of an enforceable gestational carrier contract, as provided in R.S. 9:2720, the full name of the biological father shall be listed as the father.

D. In all other cases, the name of the father and other information pertaining to the father shall not appear on the birth certificate and the surname of the child shall be recorded as the maiden name or surname of the mother, at her discretion.

NOTE: Subsection (E) eff. until October 1, 2027. See Acts 2025, No. 477.

E. Nothing in this Section shall preclude the Department of Children and Family Services, office of children and family services, child support enforcement section from obtaining an admission of paternity from the biological father for submission in a judicial proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal finding of paternity on an admission of paternity by the biological father and on any other additional showing required by state law.

NOTE: Subsection (E) as amended by Acts 2025, No. 477, eff. October 1, 2027.

E. Nothing in this Section shall preclude the Department of Children and Family Services, office of child support from obtaining an admission of paternity from the biological father for submission in a judicial proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal finding of paternity on an admission of paternity by the biological father and on any other additional showing required by state law.

Acts 2016, No. 434, §3; Acts 2016, No. 494, §2; Acts 2018, No. 21, §1, eff. May 7, 2018.; Acts 2025, No. 477, §12, eff. Oct. 1, 2027.
La. Rev. Stat. § 40:1217.10 — LA Code / Code revised-statutes / Title 40 / Section 1217.10
Recovery of costs
Status: in_force

A. The medical center may recover the costs of services provided by this Part from a person who does not reimburse the medical center as required by R.S. 40:1217.9(C) or from any third party who has a legal obligation to pay other benefits and to whom notice of the medical center's interest has been given.

B. At the request of the chancellor, the medical center may file suit in the appropriate court of Caddo Parish, or any other court of competent jurisdiction, on its behalf.

C. In a judgment rendered in favor of the medical center, the court may award attorney fees, court costs, and interest accruing from the date on which the medical center provided the service to the date on which the medical center is reimbursed.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.90 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2111 — LA Code / Code revised-statutes / Title 40 / Section 2111
Penalty for violation specified
Status: in_force

Any person establishing, conducting, managing, or operating any hospital without a license under this Part shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars for the first offense and not more than two hundred dollars for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense. The district attorneys of the several parishes shall represent the State in proceedings under this Part in their respective parishes.

Added by Acts 1961, No. 90, §1.
La. Rev. Stat. § 40:2166.6 — LA Code / Code revised-statutes / Title 40 / Section 2166.6
License issuance; application; on-site inspection
Status: in_force

A. Each application for licensure of an adult residential care provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.

B. Each application for licensure and application renewal of licensure shall be accompanied by a nonrefundable license fee in the amount set by the department in accordance with R.S. 40:2166.5.

C. Following receipt of the completed application and licensing fee, the department shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the department finds that the facility meets the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued.

D. As a condition for renewal of a license, the licensee shall submit to the department a completed annual renewal application on forms prescribed by the department which shall contain such information as required by the department. Additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department may perform an on-site survey and inspection upon annual renewal. If the facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued which shall be valid for one year.

E. The department may perform an on-site inspection at reasonable times as necessary to ensure compliance with this Part.

Acts 2006, No. 433, §1, eff. June 15, 2006.
La. Rev. Stat. § 40:2006.1 — LA Code / Code revised-statutes / Title 40 / Section 2006.1
Fees for Medicare surveys
Status: in_force

A. As used in this Section, the terms below shall mean the following:

(1) "CMS" means the Centers for Medicare and Medicaid Services or any successor agency within the United States Department of Health and Human Services charged with administering the Medicare program.

(2) "Initial Medicare survey" means the site visit conducted by the state survey department for the purpose of gathering information on a health care provider's level of compliance with Medicare participation and other federal regulatory requirements. A survey is considered an initial Medicare survey if the survey is required in order for a health care provider to receive Medicare program payment for the first time as a type or class of health care provider or in order to receive Medicare reimbursement under a special Medicare payment methodology. The fact that a health care provider may avoid a survey by obtaining accreditation from a national accrediting body shall not affect a survey's status as an initial Medicare survey.

(3) "State survey budget" means the dollar amount that CMS will pay the state survey department in order to perform its functions as the state survey department during a federal fiscal year.

(4) "State survey department" means the Louisiana Department of Health or its successor.

B. If the state survey department determines that the state survey budget is insufficient to perform all of the initial Medicare surveys it has been requested to perform for the federal fiscal year, or the state survey department has not received final budget appropriation for the state survey budget, the state survey department shall, upon the consent of the party requesting an initial Medicare survey, assess a fee for the initial Medicare survey. The fee shall be commensurate with the cost of performing the initial Medicare survey and shall range from five hundred fifty dollars to two thousand three hundred dollars based upon the provider type for which the initial Medicare survey is requested. Upon approval by the Centers for Medicare and Medicaid Services, and upon execution of a written agreement to pay the fee by the party requesting the initial Medicare survey and the state survey department, the state survey department shall schedule and conduct the initial Medicare survey. Upon determination that the final state survey budget appropriation is insufficient to conduct the requested initial Medicare survey, the state survey department shall transmit an invoice to the party that requested the initial Medicare survey. The invoiced amount shall be the fee agreed upon by the state survey department and the party that requested the initial Medicare survey. The party that requested the initial survey shall pay the invoice no later than June thirtieth of the state fiscal year in which the initial Medicare survey was performed.

C. If the state survey department determines that the state survey budget is insufficient to perform all of the initial Medicare surveys it has been requested to perform during the federal fiscal year or the state survey department has not received final budget appropriation for the state survey budget, the state survey department shall give priority to all initial Medicare surveys requested by a rural hospital as defined in the Rural Hospital Preservation Act. The order of initial Medicare surveys shall be determined on the basis of the order in which parties requesting initial Medicare surveys complete the application process.

D. Upon receipt of an application for a license from any person, partnership, corporation, unincorporated association, or any other legal entity that has made a request for an initial Medicare survey, under the circumstances in Subsection B of this Section, the state survey department shall make a determination of whether it has sufficient state funds to conduct an initial state licensure survey. In the event that the state survey department determines that it lacks sufficient state funds, upon the consent of the party requesting the initial state licensure survey, the state survey department shall assess a fee to defray the costs associated with such initial state licensure survey. The fee shall be commensurate with the cost of performing the initial state licensure survey and shall range from six hundred dollars to two thousand six hundred fifty dollars based upon the provider type for which the initial state licensure survey is requested. Upon payment of the fee by the party requesting the initial state licensure survey, the state survey department shall schedule and conduct the initial state licensure survey.

Acts 2004, No. 558, §1, eff. June 25, 2004; Acts 2008, No. 330, §1, eff. June 17, 2008.
La. Rev. Stat. § 40:1484.4 — LA Code / Code revised-statutes / Title 40 / Section 1484.4
Registration of inflatable amusement devices, amusement attractions, and amusement rides; requirements
Status: in_force

A. Any owner of an inflatable amusement device, amusement attraction, or amusement ride shall register each of his inflatable amusement devices, amusement attractions, or amusement rides with the office of state fire marshal prior to its use in this state. An owner shall renew the registration each year for each inflatable amusement device, amusement attraction, or amusement ride being used in this state.

B. To register the inflatable amusement device, amusement attraction, or amusement ride, the owner shall submit all of the following to the office of state fire marshal for approval:

(1) A registration application.

(2) A certificate of inspection dated no earlier than sixty days prior to the date of submission of a registration application.

(3) A copy of the general liability insurance in which all inflatable amusement devices, amusement attractions, or amusement rides being registered are listed on the submitted insurance declaration page.

C. Upon approval by the state fire marshal, a certificate of registration shall be issued as follows:

(1) Initial registration. Initial registration can occur at any time. A registration plate shall be issued bearing a permanent registration number. The registration plate shall be permanently affixed to the inflatable amusement device, amusement attraction, or amusement ride in a conspicuous location.

(2) Annual registration renewal. A decal bearing the month and year of the annual renewal shall be issued and affixed to the plate to indicate its current registration with the state fire marshal.

D. An owner shall notify the office of state fire marshal if a plate or decal is lost or damaged. Any plate or decal that is lost or damaged shall be decommissioned. Prior to receiving a new plate or decal, the owner shall return the damaged plate or decal to the office of state fire marshal and pay the required fee. The fee to replace a lost or damaged plate or decal is thirty dollars.

Added by Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 347, §§1, 2, eff. June 16, 1999; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2003, No. 465, §1; Acts 2003, No. 488, §1; Acts 2003, No. 490, §1; Acts 2004, No. 640, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:1484.15 — LA Code / Code revised-statutes / Title 40 / Section 1484.15
Set-up inspection; license endorsement
Status: in_force

A. To perform the set-up inspection of an inflatable amusement device, amusement attraction, or amusement ride, an individual shall apply for and obtain a license and a set-up inspection endorsement which authorizes its holder to perform the set-up inspection.

B. Third-party inspectors, as licensed by this Part, may perform set-up inspections as required by this Part, under their third-party inspector endorsement.

C. Employees of the operators of an inflatable amusement device, amusement attraction, or amusement ride may become licensed as specified by this Part to perform the set-up inspection of an inflatable amusement device, amusement attraction, or amusement ride owned or operated by his employer.

D. In conformity with the Administrative Procedure Act, the state fire marshal shall promulgate rules for qualifications, including required training, for the administration and enforcement of this Section.

Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:2145 — LA Code / Code revised-statutes / Title 40 / Section 2145
Electronic signatures
Status: in_force

A. Electronic signatures of health care providers may be permitted on hospital records.

B. The Louisiana Department of Health shall develop guidelines to regulate the use of electronic signatures which may include limitations on which documents may be signed electronically, but any such limitation shall not prohibit the use of electronic signatures on discharge summaries and attestations.

C. The department shall promulgate rules and regulations to implement the provisions of this Section in accordance with the Administrative Procedure Act, all applicable rules and guidelines established by the Health Care Financing Authority, and all standards established by the Joint Commission on Accreditation of Healthcare Organizations.

Acts 1992, No. 1109, §1; Acts 2001, No. 1032, §14.
La. Rev. Stat. § 40:786 — LA Code / Code revised-statutes / Title 40 / Section 786
Enrichment of flour; methods
Status: in_force

The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, or by a combination of these methods or by any method which is permitted by the Federal Security Agency with respect to flour introduced into interstate commerce.

If other vitamins or minerals than those provided for in R.S. 40:785 are added to flour, they shall be added only in accordance with the regulations of the Federal Security Agency.

Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.
La. Rev. Stat. § 40:60 — LA Code / Code revised-statutes / Title 40 / Section 60
Handling of delayed or altered certificate
Status: in_force

A.(1) Certificates accepted for filing more than six months after the time prescribed for their filing and certificates, other than birth certificates, which have been altered after being filed with the state registrar shall contain the date of the delayed filing or the date of the alteration and be marked distinctly "delayed" or "altered".

(2) All alterations of birth certificates shall be accomplished by preparation of a new birth certificate on which the altered information is entered. The new certificate shall have the original file number and be annotated at the top of the document with the word "Amended". The original birth certificate shall indicate such alterations by the interlinear method of drawing a line through the old information and entering the new information. The line shall not obscure the original information. Thereafter, the certificate shall be distinctly marked "altered". Thereafter, when a verified certification of birth is issued, it shall be based upon the new certificate, except when an order of a court of competent jurisdiction shall require the issuance of a verified transcript or certification based upon the original record of birth.

B. After a certificate has been accepted for delayed filing or after a certificate on file has been altered, the state registrar shall note on the certificate a summary statement of the evidence submitted in support of the acceptance for delayed filing or the alteration, together with the alteration made.

C. Evidence affecting delayed certificates or affecting the alteration of a certificate after it has been filed with the state registrar shall be kept in a special permanent file.

D. Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of such person or, if a minor, of both his parents, guardian, or legal representative, the state registrar shall prepare a new birth certificate on which the new information is entered and which shall have the original file number and be annotated at the top of the document with the word "Amended". The registrar shall then amend the certificate of birth to show the new name on the original certificate as provided in rules and regulations promulgated by the department.

E.(1) When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise that applicant of the reason for this action and shall further advise the applicant of the right to seek a court order in a contradictory proceeding against the state registrar of vital records brought in a Louisiana court of competent jurisdiction at the domicile of the vital records registry.

(2) The petitioner's burden of proof in such proceedings shall be to show by a preponderance of the evidence that the vital record on file with the vital records registry is incorrect or contains inaccurate information and that such vital record should be altered to show the correct or accurate information.

F. To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is hereby authorized to match birth and death certificates, in accordance with written standards promulgated by the secretary of the Louisiana Department of Health to prove beyond a reasonable doubt the fact of death, and to stamp "deceased" and date the appropriate birth certificate. Copies issued from birth certificates marked deceased shall be similarly marked.

Acts 1979, No. 776, §1. Acts 1983, No. 624, §1; Acts 1986, No. 876, §1; Acts 1991, No. 597, §1, eff. July 1, 1992.
La. Rev. Stat. § 40:1081.13 — LA Code / Code revised-statutes / Title 40 / Section 1081.13
Medicaid coverage; amino acid-based elemental formulas
Status: in_force

A. The Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., coverage for amino acid-based elemental formulas, regardless of the formula delivery method, to treat a child aged two years or younger. Coverage applies pursuant to this Section if the child has been diagnosed by a board-certified allergist or board-certified gastroenterologist and the treating physician issues a written order stating that the amino acid-based elemental formula is medically necessary to treat the child for any of the following:

(1) Immunoglobulin E and non-immunoglobulin E mediated allergies to multiple food proteins.

(2) Severe food protein-induced enterocolitis syndrome.

(3) Eosinophilic disorders, as evidenced by the results of a biopsy.

(4) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract.

B. Coverage provided pursuant to this Section may be subject to copayments, deductibles, or other cost-sharing mechanisms.

C.(1) A health maintenance organization, health insurance organization, or managed care organization that contracts with the state to provide or coordinate healthcare services to any person eligible for Medicaid shall provide coverage on a basis no less favorable than the basis on which prescription drugs and other medications and related services are covered by the organization, and to the same extent that the organization provides coverage for drugs that are available only on the orders of a physician.

(2) A utilization review agent acting on behalf of an organization listed in this Subsection may review a treating physician's determination of the medical necessity of the use of an amino acid-based elemental formula for the treatment of a covered infant or child who is diagnosed with a disease or disorder listed in Subsection A of this Section.

Acts 2025, No. 367, §2, See Act.
La. Rev. Stat. § 40:50 — LA Code / Code revised-statutes / Title 40 / Section 50
Issuance of death certificates; duties of state registrar
Status: in_force

A. Notwithstanding any other provision of law to the contrary, the funeral director or other person required by law to initiate a death certificate shall initiate such certificate in original only, and shall file the original with a local registrar. The local registrar of each parish shall retain this original in his office for a period of ten days from the date the certificate is filed.

B. If no certified copy has been issued or if all certified copies issued have been returned and destroyed by him, a local registrar, upon receipt of documentary evidence or affidavit of the original informant, may make corrections on these certificates during this ten-day period, provided that no changes or corrections may be made as to the time of death or cause of death.

C. A local registrar may issue certified copies of any death certificate during the ten-day period it is retained by him, and the certification of the local registrar shall have the same legal effect as certification by the state registrar, as otherwise provided by law. The local registrar shall forward each death certificate to the state registrar on the tenth day after the certificate is filed with him. Each month the state registrar shall notify each parish registrar of voters as to the name, address, and age of each resident of that parish over eighteen years of age for whom a death certificate has been received.

D. After preparation by the funeral director or other person required by law to initiate a death certificate and issuance from the local registrar, the state registrar shall provide the official death certificate to any applicant who meets the requirements of R.S. 40:41 within ten business days after the state registrar has received the applicant's request for the death certificate. The state registrar's provision of the death certificate to the applicant shall be deemed timely when it has been mailed via the United States Postal Service, or with a commercial mail service, with a timely commercial mail meter stamp or commercial mail service certificate that is within the ten-business-day period. Any death certificate provided to an applicant outside of the ten business days that is unable to be meter-stamped for United States Postal Service mail delivery or certified for commercial mail service delivery during the ten-business-day period due to events outside of the state registrar's control shall be considered timely provided.

Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2022, No. 134, §1; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1483 — LA Code / Code revised-statutes / Title 40 / Section 1483
Impoundment
Status: in_force

A law enforcement officer may impound oil or oil field equipment and the vehicle transporting it, pending being furnished with the correct documentation or other proof of ownership or right to possession, whenever: (1) he has reasonable cause to examine the documentation; and (2) the transporter lacks it or the documentation is substantially in variance with the facts.

Added by Acts 1982, No. 550, §1.
La. Rev. Stat. § 40:2116.40 — LA Code / Code revised-statutes / Title 40 / Section 2116.40
Violations; penalties
Status: in_force

The opening or operation of a home health agency as defined in this Part, without a license therefor, or in knowing and willful violation of any provision of this Part or any minimum standard, rule, regulation, or order entered by the board thereunder when such violation results in harm to a patient, shall be a misdemeanor, and upon conviction, punishable by a fine of not less than one thousand dollars nor more than ten thousand dollars and/or imprisonment for not more than six months.

Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
La. Rev. Stat. § 40:1543 — LA Code / Code revised-statutes / Title 40 / Section 1543
Certification
Status: in_force

A. Certification for successful completion of prescribed courses shall be issued by the office of state fire marshal.

B. The office of state fire marshal shall develop a program to issue a reciprocity certification to a person who has been timely certified by an accreditation by the International Fire Service Accreditation Congress, at the appropriate accredited certification level.

Acts 1970, No. 481, §3. Amended by Acts 1975, No. 576, §1; Acts 1979, No. 528, §1, eff. July 18, 1979; Acts 2001, No. 212, §1; Acts 2022, No. 231, §3.
La. Rev. Stat. § 40:1135.1 — LA Code / Code revised-statutes / Title 40 / Section 1135.1
Qualifications to operate ambulances; equipment; penalty
Status: in_force

A.(1) No person or individual shall conduct, maintain, or operate an ambulance on any street, alley, or public way or place in the state unless the ambulance is staffed with a minimum of two persons, one of whom shall be a licensed emergency medical technician.

(2)(a) No person or individual shall provide services in any capacity on any ambulance unless he is a licensed emergency medical responder, a licensed emergency medical technician, a licensed advance emergency medical technician, a licensed paramedic, a licensed respiratory therapist, a licensed nurse practitioner, a licensed physician assistant, a licensed occupational therapist, a licensed registered or practical nurse, or a physician.

(b) Except as provided in R.S. 40:1135.3(A) of this Part, no individual shall transport any ill or injured person on a stretcher in a vehicle that is not staffed, equipped, insured, and licensed as an ambulance under this Part.

(c) No individual shall provide services in any capacity on any ambulance without holding an American Heart Association Health Care Provider, or American Red Cross Professional Rescuer, or the equivalent cardio-pulmonary resuscitation certification that has been approved by the Louisiana Department of Health.

(d) No individual shall transport any ill or injured person by ambulance unless the sick or injured person is attended by a licensed emergency medical technician, a licensed advance emergency medical technician, a licensed paramedic, a registered nurse, or a physician in the patient compartment.

(e) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, a certified ambulance operator who is not a licensed emergency medical services practitioner may operate an ambulance in compliance with federal, state, and local law and assist with the handling and movement of a sick, injured, or disabled individual if a licensed emergency medical technician, a licensed advance emergency medical technician, a licensed paramedic, a registered nurse, or a physician directly supervises the certified ambulance operator. No ambulance operator may administer care procedures that a licensed emergency medical services practitioner is authorized to administer unless he is trained and certified or licensed to do so.

(3) No person shall conduct, maintain, or operate an ambulance which does not carry with it, in fully operational condition, equipment consistent with the scope of practice for emergency medical technicians established in R.S. 40:1133.14. Each ambulance service provider shall develop and maintain a written policy identifying the equipment required to comply with the provisions of this Paragraph. At a minimum, the policy shall identify the basic trauma equipment, drugs, suction and oxygen equipment, cardiopulmonary resuscitation equipment, and any other equipment required by law that shall be maintained on the ambulance.

(4) Repealed by Acts 2013, No. 184, §2(B).

(5) Nothing herein shall prohibit the transportation of an injured or ill person in an ambulance or industrial ambulance staffed by persons with less than the required qualifications in an emergency situation where there is no reasonable expectation of the prompt response by an ambulance staffed by persons with the required qualifications.

(6) Nothing herein shall prohibit a firefighter, law enforcement officer, or good Samaritan from assisting an ambulance at the scene of an emergency or while transporting a patient to a medical facility at the request of the emergency medical technician.

(7) Nothing herein shall prohibit an individual without the required qualifications from riding in an ambulance for the purpose of training, observation, or continuing education.

(8) Advanced life support ambulances shall be staffed by not less than two people, at least one of which shall be licensed at a minimum to the level of advanced emergency medical technician.

B.(1) Repealed by Acts 2001, No. 625, §2.

(2) Nothing in this Part shall be construed to prohibit the transportation of an injured or ill individual in an invalid coach in an emergency situation where there is no reasonable expectation of the prompt response of an ambulance or industrial ambulance.

C. The department shall conduct or may authorize another public agency to conduct an inspection of any ambulance service provider or invalid coach provider and to report any violation to the appropriate district attorney's office.

D.(1) The provisions of this Section shall not apply:

(a) To ambulances operated by a federal agency of the United States government.

(b) Repealed by Acts 2001, No. 625, §2.

(c) To ambulances which are rendering assistance to licensed ambulances in the case of a major disaster, be it natural or manmade, in which the licensed ambulances are insufficient or otherwise not capable of coping.

(d) Repealed by Acts 2001, No. 625, §2.

(e) To ambulances which are operated from a location outside of the state to transport patients from a location outside of the state to a location inside the state or to transport patients from a medical facility inside to a point outside the state, but no such ambulance shall transport any patient point to point within the state except in the case of disaster as outlined in this Part.

(2) This provision shall not apply to individuals who are employed to function on licensed air ambulances solely to act as pilots.

(3) The provisions of this Section shall not apply to industrial ambulances providing transportation to employees who become sick or injured during the course of their employment from a job site to the nearest appropriate medical facility.

E. The provisions of this Section shall apply to all parishes or municipalities except those electing not to comply as expressed to the department in a written resolution by the governing body of such parish or municipality. If any parish or municipality elects to be excluded from this Section, it may later elect to be included by resolution. The election of any parish to be included or excluded from this Section shall in no way affect the election of any municipality to be included or excluded.

F. Whoever violates this Section shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than thirty days or both. The penalty prescribed by this Section shall be doubled for any subsequent offense.

Acts 1977, No. 626, §2. Amended by Acts 1978, No. 469, §1; Acts 1986, No. 632, §1; Acts 1987, No. 480, §1, eff. July 9, 1987; Acts 1997, No. 913, §2; Acts 1997, No. 982, §1, eff. July 10, 1997; Acts 2001, No. 625, §§1 and 2; Acts 2003, No. 751, §1, eff. June 27, 2003; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 184, §2(A) and (B); Redesignated from R.S. 40:1235 by HCR 84 of 2015 R.S; Acts 2018, No. 557, §1; Acts 2022, No. 644, §1.
La. Rev. Stat. § 40:1730.61 — LA Code / Code revised-statutes / Title 40 / Section 1730.61
Equivalent methods of compliance
Status: in_force

With reference to the standards and requirements of the building code, the state fire marshal may determine, from an engineering performance standpoint, all questions concerning building code equivalency or alternative materials or methods of construction or as approved by the Louisiana State Uniform Construction Code Council.

Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:1061.14.1 — LA Code / Code revised-statutes / Title 40 / Section 1061.14.1
Fraudulent interference with parental consent
Status: in_force

A. Any person giving parental consent pursuant to R.S. 40:1061.14(A)(1) on behalf of a minor on whom an abortion was completed shall be subject to R.S. 14:70.7 providing penalties for the unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes.

B. Any employee of a licensed outpatient abortion facility who knowingly aids and abets a person who is not the mother, father, legal guardian, or tutor of a minor on whom an abortion was performed in the execution or acceptance of the parental consent requirements as required by R.S. 40:1061.14(A)(1), shall be subject to the penalties in R.S. 40:1061.29.

C. The provisions of R.S. 40:1061.1 shall apply to this Section.

Acts 2017, No. 165, §1; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:2199.11 — LA Code / Code revised-statutes / Title 40 / Section 2199.11
Purpose
Status: in_force

The purpose of this Subpart is to protect public health and safety by establishing policies and practices through which incidents of workplace violence in healthcare settings can be properly addressed, mitigated, and, wherever possible, prevented.

Acts 2022, No. 461, §§1, 2B.
La. Rev. Stat. § 40:1167.1 — LA Code / Code revised-statutes / Title 40 / Section 1167.1
Short title
Status: in_force

This Subpart shall be known as and may be cited as the "Electronic Health Records Loan Program".

Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:438 — LA Code / Code revised-statutes / Title 40 / Section 438
Maintenance of housing developments
Status: in_force

A local housing authority may maintain, repair, and replace all housing developments, any portions thereof and any facilities and improvements contained therein or associated therewith.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1472.18 — LA Code / Code revised-statutes / Title 40 / Section 1472.18
Careless use of explosives
Status: in_force

A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a careless or imprudent manner without regard for the hazards or circumstances in which the explosives or blasting agents are being stored, handled, disposed, transported, transferred, loaded, unloaded, or used.

B. Whoever is convicted of violating this Section shall be guilty of a misdemeanor and fined not less than five hundred dollars and not more than two thousand dollars or imprisoned for not more than ninety days.

C. Any person in possession of an explosive license issued under R.S. 40:1472.3 upon conviction shall have such license revoked for one year from date of conviction.

Acts 1995, No. 1139, §1.
La. Rev. Stat. § 40:1085.7 — LA Code / Code revised-statutes / Title 40 / Section 1085.7
Collusion to hide facts prohibited
Status: in_force

No official and no person named in this Subpart shall collude with any person to misstate or conceal any facts the correct reporting of which, under this Subpart, is essential.

Amended by Acts 1952, No. 127, §15; Redesignated from R.S. 40:1107 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:62 — LA Code / Code revised-statutes / Title 40 / Section 62
Issuance of new birth certificate after anatomical change of sex by surgery
Status: in_force

A. Any person born in Louisiana who has sustained sex reassignment or corrective surgery which has changed the anatomical structure of the sex of the individual to that of a sex other than that which appears on the original birth certificate of the individual, may petition a court of competent jurisdiction as provided in this Section to obtain a new certificate of birth.

B. Suits authorized by this Section shall be filed contradictorily against the state registrar in the judicial district court having jurisdiction over the parish in which the petitioner resides or over the parish in which the petitioner was born. A nonresident born in Louisiana shall file the petition in the parish of birth. The suit of any petitioner born in Louisiana shall be filed contradictorily against the state registrar. In the event the petitioner is married, the spouse shall also be a necessary party to the suit. To the extent that the petitioner's name is to be changed, the district attorney shall also be a necessary party. In all cases the petition shall be accompanied by a certified copy of the petitioner's original birth record, in which case the short-form birth certificate card shall not be sufficient.

C. The court shall require such proof as it deems necessary to be convinced that the petitioner was properly diagnosed as a transsexual or pseudo-hermaphrodite, that sex reassignment or corrective surgery has been properly performed upon the petitioner, and that as a result of such surgery and subsequent medical treatment the anatomical structure of the sex of the petitioner has been changed to a sex other than that which is stated on the original birth certificate of the petitioner.

If the court shall find that the evidence sustains the required proof, the court shall render a judgment ordering the issuance of a new birth certificate changing the sex designated thereon from that shown upon the petitioner's original certificate of birth. The petitioner may in the same suit seek to have the name of the petitioner changed, and the court may render judgment in accordance with law upon this additional petition at the same time.

D.(1) A certified copy of the petition and judgment for a new certificate pursuant to this Section shall be furnished to the state registrar of vital records at New Orleans within ten days after the judgment is rendered. The registrar shall issue to the petitioner a new certificate or certified copy thereof; whereupon the original birth certificate and the copy of the petition and judgment received by the registrar shall be sealed in a package and filed in the archives of the vital records registry.

(2) This sealed package shall be opened only upon demand of the individual to whom the new certificate was issued, and then only by order of the court which rendered the judgment ordering the issuance of the new certificate.

Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.
La. Rev. Stat. § 40:981.2 — LA Code / Code revised-statutes / Title 40 / Section 981.2
Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances
Status: in_force

A. No person eighteen years of age or older shall solicit, procure, or counsel any person under eighteen years of age to produce, manufacture, distribute, or dispense or possess with the intent to produce, manufacture, distribute, or dispense, in violation of any provision of R.S. 40:966 through R.S. 40:970, any controlled dangerous substance listed in Schedules I, II, III, IV, or V, or to distribute or attempt to distribute, in violation of R.S. 40:989, a chemical substance commonly known as "rush".

B. Except as provided in Subsection C of this Section, any person who violates the provisions of this Section shall upon conviction be punished by a term of imprisonment of not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970, or by a fine of not more than twice that authorized by such applicable provisions, or both.

C. Any person eighteen years of age or older who violates the provisions of this Section by soliciting, procuring, or counseling a person under eighteen years of age to distribute or to attempt to distribute cocaine, oxycodone, heroin, methamphetamine, or methadone in violation of R.S. 40:967(A) or (B) shall be sentenced to a term of imprisonment at hard labor for not less than ten nor more than thirty years, at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence.

Acts 1988, No. 885, §1; Acts 1989, No. 372, §1; Acts 1991, No. 837, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2005, No. 337, §1; Acts 2006, No. 68, §1; Acts 2012, No. 616, §1, eff. June 7, 2012.
La. Rev. Stat. § 40:529 — LA Code / Code revised-statutes / Title 40 / Section 529
Procedures for procurement of goods and services, sale or disposition of property, personnel management
Status: in_force

Local housing authorities shall adopt policies, rules, and procedures governing the procurement of goods or services, the sale or disposition of authority property, and the management of authority personnel. Such policies, rules, and procedures shall apply to all subsidiaries but not affiliates of a local housing authority, unless the authority, by resolution of its board of commissioners, elects otherwise.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:8 — LA Code / Code revised-statutes / Title 40 / Section 8
Investigations; entry on and inspection of premises; order to compel attendance of witnesses or production of documents
Status: in_force

A. The state health officer shall conduct investigations to determine compliance with the state sanitary code or health and sanitary laws of the state and shall investigate any circumstances which he has determined pose a threat or reasonable expectation of a threat to the public health.

B. In conducting an investigation pursuant to this Section, the state health officer or any duly authorized representative may enter, examine, and inspect all grounds, structures, public buildings, and public places in execution of a warrant issued in accordance with the constitution and laws of Louisiana.

C. In conducting an investigation pursuant to this Section, the state health officer may petition the district court of the parish where the person, agency, organization, or legal entity resides, may be found, transacts business, or has its principal place of business for an order to compel the attendance of a witness or to compel the production of documents or records anywhere in the state, if information relevant to the inspection or investigation is in the possession of the witness or is contained in the documents or records.

D. The clerk of court of the parish where the district court is located that issues an order under this Section shall mail a certified copy of the order and certified copy of the state health officer's petition to the parties indicated in the state health officer's petition to receive service of process of the order and petition. The clerk shall file a certificate in the record showing the date on which, and the counsel and parties to whom, the certified copy of the order and petition were mailed. The mailing of the certified copy of the order and petition shall be effective service of process on residents and nonresidents under R.S. 13:3201 et seq.

Acts 1976, No. 346, §1; Acts 1999, No. 667, §1.
La. Rev. Stat. § 40:961.1 — LA Code / Code revised-statutes / Title 40 / Section 961.1
Industrial hemp exemption
Status: in_force

A. Notwithstanding the definitions provided for in R.S. 40:961(6) and (27), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or consumable hemp products that are possessed, stored, cultivated, trimmed, dried, cured, and transported by a licensee in accordance with Part V of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950 or that are processed, distributed, sold, or offered to be sold by a permittee in accordance with Part VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950.

B. Nothing in this Part shall be construed to prohibit the transportation and shipment of federally compliant hemp products through the state to the limited extent currently provided by federal law. For the purposes of this Section, "through the state" means from one geographic boundary of the state to another geographic boundary of the state.

Acts 2019, No. 164, §2, eff. June 6, 2019; Acts 2022, No. 498, §2, eff. June 16, 2022; Acts 2025, No. 233, §2.
La. Rev. Stat. § 40:39.1 — LA Code / Code revised-statutes / Title 40 / Section 39.1
Certified copies of birth certificates and death certificates; clerks of district courts and the Second City Court of the city of New Orleans; Vital Records Conversion Dedicated Fund Account
Status: in_force

A. The state registrar of vital records shall promulgate rules to implement the issuance of certified copies of birth certificates and death certificates through the office of the clerk of district court in each parish and the office of clerk of the Second City Court of the city of New Orleans. Such rules shall apply only to issuance of those birth and death records that are available for electronic issuance from the birth and death databases of the vital records registry and shall include access to the following items:

(1) Automated access, retrieval, and production of short-form birth certificates, long-form birth certificates, and death certificates by the clerks of district courts and the clerk of the Second City Court of the city of New Orleans using the data network available to the secretary of state.

(2) Record searches to be conducted by the offices of the clerks of court.

(3) Sale of certified copies of birth and death certificates issued by the offices of the clerks of court.

B.(1) The clerk of district court in each parish and the clerk of the Second City Court of the city of New Orleans may issue certified copies of short-form birth certificate cards and long-form birth certificates and death certificates in accordance with rules promulgated pursuant to Subsection A of this Section. In addition to fees collected for issuance of a birth record or death certificate as provided in R.S. 40:40, the clerk of court shall collect a fee of five dollars for a short-form birth certificate and nineteen dollars for a long-form birth certificate or a death certificate. A short-form birth certificate card may be purchased only by an individual who also purchases a long-form birth certificate in the same transaction.

(2) Clerks shall pay to the state registrar such amounts as are required in R.S. 40:40. In addition, four dollars for each long-form birth certificate or death certificate issued by each clerk of court shall be remitted to the state treasurer on the tenth day of each month for deposit in the state treasury. The funds deposited shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated to pay all obligations secured by the full faith and credit of the state which become due and payable in any fiscal year, the treasurer shall credit to the Vital Records Conversion Dedicated Fund Account, hereby created, an amount equal to the funds deposited under the provisions of this Section. Monies deposited into the Vital Records Conversion Dedicated Fund Account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

(3) The monies held in the Vital Records Conversion Dedicated Fund Account shall only be appropriated with the mutual consent of the secretary of state and the secretary of the Louisiana Department of Health for the following purposes:

(a) For installation and establishment of a communications network and computer hardware to provide for the electronic issuance of birth and death certificates.

(b) For maintenance of the communications network and related computer hardware.

(c) For conversion of existing birth and death records to a format suitable for electronic issuance.

(4) All unexpended and unencumbered monies in the Vital Records Conversion Dedicated Fund Account at the end of the fiscal year shall remain in the account. The monies in the account shall be invested by the treasurer in the same manner as monies in the state general fund. All interest earned on account monies invested by the treasurer shall be deposited in the account.

(5) Notwithstanding any other provision of law to the contrary, in addition to fees collected for issuance of a birth record or death certificate as provided in R.S. 40:40, and Paragraph (1) of this Subsection, the clerks of district court in East Feliciana Parish and West Feliciana Parish may charge an additional ten dollar fee for issuance of certified copies of birth certificates and death certificates.

C. The clerks of district courts, the clerk of the Second City Court of the city of New Orleans, and the secretary of state shall be subject to provisions of this Chapter governing confidentiality of vital records information in the same manner provided for the state registrar and provisions governing to whom a certified copy of a birth certificate or death certificate may be issued. Any birth certificate or death certificate issued by the clerk of a district court and the clerk of the Second City Court of the city of New Orleans shall be accepted as an original record.

D. The state registrar shall promulgate the rules necessary for the implementation of the provisions of this Section on or before January 1, 2015.

Acts 1986, No. 798, §1; Acts 1999, No. 1277, §1; Acts 2014, No. 763, §2; Acts 2015, No. 251, §1; Acts 2016, No. 270, §1, eff. May 27, 2016; Acts 2016, No. 390, §1; Acts 2021, No. 114, §10, eff. July 1, 2022; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:2195 — LA Code / Code revised-statutes / Title 40 / Section 2195
Community-based and rural health care program
Status: in_force

A. The Louisiana Department of Health is authorized to establish, subject to the availability of funding, a community-based and rural health care program to expand health care and medical services access to local communities and rural areas and to encourage development of greater access to health care services for indigent and low-income citizens of the state.

B. The secretary of the Louisiana Department of Health shall establish by rule and regulation two distinctly separate processes for the criteria, application, consideration, selection, and awarding of a grant for an urban community-based health care program and a rural health care program. In order to formalize the accountability of these two programs, the secretary of the Louisiana Department of Health shall also, by rule and regulation, establish distinctly separate periodic review and reporting requirements for an urban community-based health care program and a rural health care program. Such rules and regulations shall be subject to review and approval by the Joint Legislative Committee on the Budget.

Acts 1991, No. 394, §1; Acts 1995, No. 363, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:2115.21 — LA Code / Code revised-statutes / Title 40 / Section 2115.21
Excluded acquisitions
Status: in_force

Any acquisition of a hospital before September 1, 1997, and any acquisition of a hospital which has been finally approved before January 1, 1998, according to any procedure in effect prior to the procedures set forth in this Subpart, shall not be subject to the provisions of this Subpart.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:1123.4 — LA Code / Code revised-statutes / Title 40 / Section 1123.4
Treatment; access to perinatal mental health providers
Status: in_force

The Louisiana Department of Health shall work with the Medicaid managed care organizations to do the following:

(1) Identify providers who specialize in pregnancy-related and postpartum depression or related mental health disorders and pregnancy-related and postpartum substance use disorders, which are searchable by location.

(2) Develop network adequacy standards for treatment of pregnant and postpartum women with depression or related mental health disorders and pregnant and postpartum women with substance use disorders.

Acts 2022, No. 188, §1.

NOTE: Former R.S. 40:1123.4 redesignated as R.S. 40:1300.44 by Acts 2022, No. 271, §9A.
La. Rev. Stat. § 40:625 — LA Code / Code revised-statutes / Title 40 / Section 625
False advertisement
Status: in_force

A. An advertisement of a food, drug, device, or cosmetic is false if it is false or misleading in any particular regarding the food, drug, device, or cosmetic. Any representation concerning any effect of a drug or device is false under this Subsection if it is not supported by demonstrable scientific facts or substantial and reliable medical or scientific opinion.

B. Except as provided below, the advertisement of a drug or device representing it to have any therapeutic effect in the treatment of Bright's disease, cancer, tuberculosis, poliomyelitis, venereal disease, heart and vascular diseases, or any other diseases for which no known therapeutic effect has been fully established is false. No advertisement not in violation of Subsection A of this Section shall be considered false under this Subsection, if it is disseminated only to members of the medical and pharmaceutical professions or appears only in the scientific periodicals of these professions, or if it is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices.

C. Except as provided in R.S. 40:626, it is unlawful for any person to disseminate false advertisement by any means for the purposes of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2405.6 — LA Code / Code revised-statutes / Title 40 / Section 2405.6
Training for peace officers; electronic control devices
Status: in_force

Manufacturers of electronic control devices, commonly referred to as "stun guns", which are sold for law enforcement purposes within the state of Louisiana shall develop a training and certification course which shall instruct peace officers as to the proper handling and use of the devices. The course shall also contain instruction regarding the impact of high voltage electronic control devices and the effects of their use. Every peace officer who purchases or is issued an electronic control device for use in the performance of his duties shall successfully complete this training course.

Acts 2010, No. 578, §1.
La. Rev. Stat. § 40:2180.22 — LA Code / Code revised-statutes / Title 40 / Section 2180.22
Purpose
Status: in_force

The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations for the licensing of free-standing birth centers; to provide for the health, safety, welfare, and well-being of persons receiving services at free-standing birth centers; and to provide for the safe operation and maintenance of free-standing birth centers.

Acts 2019, No. 332, §1, eff. June 11, 2019.
La. Rev. Stat. § 40:1121.2 — LA Code / Code revised-statutes / Title 40 / Section 1121.2
Infection of others prohibited
Status: in_force

It is unlawful for any person to inoculate or infect another person in any manner with a venereal disease or to do any act which will expose another to inoculation or infection with a venereal disease.

Redesignated from R.S. 40:1062 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1061.1.4 — LA Code / Code revised-statutes / Title 40 / Section 1061.1.4
Abortion based on genetic abnormality; prohibition
Status: in_force

A. Repealed by Acts 2022, No. 545, §4.

B. Notwithstanding any other provision of law, it shall be unlawful for any person to intentionally perform or attempt to perform an abortion of an unborn child of twenty or more weeks post fertilization age, as provided for in R.S. 40:1061.1.2, with knowledge that the pregnant woman is seeking the abortion solely because the unborn child has been diagnosed with either a genetic abnormality or a potential for a genetic abnormality.

C.(1) It shall be unlawful for a person to intentionally perform or attempt to perform an abortion of an unborn child of less than twenty weeks post fertilization age without first providing the pregnant woman with an informational document including resources, programs, and services for pregnant women who have a diagnosis of fetal genetic abnormality and resources, programs, and services for infants and children born with disabilities. The informational document provided for in this Subsection shall be given to the pregnant woman at the same time as the requirements in R.S. 40:1061.17(B).

(2) The Louisiana Department of Health shall develop an informational document to comply with the mandate established in this Section to include resources, programs, and services for pregnant women who have a diagnosis of fetal genetic abnormality and resources, programs, and services for infants and children born with disabilities and shall make such information available to any requesting provider of women's health care services and shall maintain the information on a link on the department's website.

(3) No person shall be found in violation of this Subsection, and no penalty for a violation of this Subsection shall be assessed, in any instance in which the informational document required by this Subsection is not available for use.

D. Whoever violates the provisions of this Section shall be subject to the penalties provided in R.S. 40:1061.29.

E. The provisions of this Section shall not apply whenever the abortion is necessary to save the life of the mother.

Acts 2016, No. 563, §1, eff. June 17, 2016; Acts 2018, No. 77, §1, eff. May 10, 2018; Acts 2022, No. 545, §4; Redesignated from R.S. 40:1061.1.2.
La. Rev. Stat. § 40:783 — LA Code / Code revised-statutes / Title 40 / Section 783
Publication of rules, orders, notices; effective date
Status: in_force

A. Whenever publication of any notice, order, rule, or regulation is required under this Subpart, it shall be made at least three times in ten days in newspapers of general circulation in three different sections of the state.

B. Within the limits specified in this Section, these notices, orders, rules, and regulations shall become effective on the date fixed by the department.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2166.1 — LA Code / Code revised-statutes / Title 40 / Section 2166.1
Short title
Status: in_force

This Part may be cited as the "Adult Residential Care Provider Licensing Law".

Acts 2006, No. 433, §1, eff. June 15, 2006.
La. Rev. Stat. § 40:1098.5 — LA Code / Code revised-statutes / Title 40 / Section 1098.5
Civil actions; remedies
Status: in_force

A. Notwithstanding any other provision of law to the contrary, a person who has been harmed as a result of acts which are prohibited by this Part or who has been subjected to acts which are prohibited by this Part with or without consent shall have a cause of action for damages in a court of competent jurisdiction.

B. The cause of action for damages shall be commenced before the later of either of the following:

(1) The lapse of a twelve-year liberative prescription once the minor reaches the age of majority.

(2) Within three years from the time the person discovered or reasonably should have discovered that the injury or damages were caused by the violation.

C. Venue pursuant to this Section may be brought pursuant to Code of Civil Procedure Article 42 or in the parish of domicile of the petitioner.

D.(1) If a court finds that a person is entitled judgment pursuant to this Section, the court shall award damages, attorney fees, and all costs of the proceeding against the defendant for violation of this Part.

(2) Damages awarded by the court pursuant to this Section may include but are not to be limited to damages for infertility or sterility that is suffered by the minor as a result of the acts prohibited by this Part.

E. Consent shall not operate as a defense to a petitioner's claim that is filed pursuant to this Section.

Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former R.S. 40:1098.5 redesignated as R.S. 40:1079.15 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1425 — LA Code / Code revised-statutes / Title 40 / Section 1425
Receipt of information; immunity from liability
Status: in_force

A. Any insurer providing information to an authorized representative of the unit pursuant to this Subpart shall have the right to request relevant information and receive the information requested within thirty days.

B. There shall be no cause of action in the nature of defamation, libel, slander, invasion of privacy, negligence, or any other cause of action against any person furnishing information concerning any suspected, anticipated, or completed criminal or fraudulent insurance act as described in this Subpart which involve any type of insurance as defined in R.S. 22:47. This immunity from liability shall apply when the information is provided to or received from a person employed by or authorized by an insurer whose activities include the investigation or reporting of suspected fraudulent insurance acts. The immunity shall apply to furnishing, disclosing, or requesting information on such suspected fraudulent insurance acts to or from the unit as to a person employed by or authorized by other insurers or insurer organizations acting in the same capacity including the National Association of Insurance Commissioners, another insurer, any federal or state governmental entity established for the purposes of detecting and preventing insurance fraud, or the National Insurance Crime Bureau.

C. No insurer, its officers or employees, or insurance professional, nor any other person shall be subject to such cause of action for cooperating with or furnishing evidence or information regarding any suspected criminal violation to the unit.

D. This Section shall not provide immunity for those disclosing or furnishing false information with actual malice or willful intent to injure any person.

E. This Section shall not abrogate or modify in any way jurisprudential or statutory privileges or immunities heretofore enjoyed by any person or entity described in this Section, nor shall it authorize the unit to make public insurance company records which are proprietary in nature.

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 40:1079.18 — LA Code / Code revised-statutes / Title 40 / Section 1079.18
Confidentiality
Status: in_force

Notwithstanding any other provision of law to the contrary, the identity of persons receiving preventive counseling or treatment and all records containing information regarding the provision of preventive counseling or treatment shall be confidential. No qualified professional or employee of a school or facility providing preventive counseling or treatment shall disclose any records or information in such records containing the identity of any child receiving preventive counseling or treatment except in compliance with state and federal laws and regulations.

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.8 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:5.10.1 — LA Code / Code revised-statutes / Title 40 / Section 5.10.1
Imported Seafood Safety Fund
Status: in_force

A. There is hereby created in the state treasury a special fund designated as the Imported Seafood Safety Fund, referred to hereafter in this Section as the "fund". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund monies collected pursuant to R.S. 40:31.35(C). Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund shall remain in the fund.

B. The monies in the fund shall be appropriated to the Department of Agriculture and Forestry and expended solely for the purpose of enforcing the provisions of R.S. 3:4749 et seq.

Acts 2021, No. 306, §1; Acts 2024, No. 667, §1, eff. June 18, 2024; Acts 2024, No. 719, §2; Acts 2025, No. 300, §§1, 4, eff. June 11, 2025.
La. Rev. Stat. § 40:1421 — LA Code / Code revised-statutes / Title 40 / Section 1421
Definitions
Status: in_force

As used in this Chapter, the following words shall have the following meanings:

(1) "Commissioner" means commissioner of insurance.

(2) "Fraud unit" or "unit" means the insurance fraud investigation unit within the Department of Public Safety and Corrections, office of state police.

(3) "Fraud support unit" means the insurance fraud support unit within the Department of Justice.

(4) "Insurance fraud" means any commission or attempted commission of criminal acts or practices as provided in R.S. 22:1923, 1924, or 1925 which involves any type of insurance as provided in R.S. 22:47.

(5) "Insurance fraud section" means the insurance fraud section within the Louisiana Department of Insurance.

(6) "Insurance policy" means a contract or other written instrument between an insured and insurer setting forth the obligations and responsibilities of each party.

(7) "Insurance premium finance company" means a person engaged or purporting to engage in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, including but not limited to loan contracts, notes, agreements, or obligations, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance policies only, and does not include the financing of insurance premiums purchased in connection with the financing of goods and services.

(8) "Insurance professional" means an adjuster, agent, managing general agent, surplus lines broker, reinsurance intermediary, insurance consultant, broker, or attorney-in-fact.

(9) "Insurance transaction", "insurance business", and "business of insurance" include solicitation, negotiations preliminary to execution of an insurance contract, execution of an insurance contract and the transaction of matters subsequent to execution of a contract and arising out of it, and matters arising out of any relationship among or between an insured, an insurer, and a third party for which an insurance policy provides coverage.

(10) "Insured" means any person covered by an insurance policy.

(11) "Insurer" means any person or company subject to regulation pursuant to Title 22 of the Louisiana Revised Statutes of 1950.

(12) Repealed by Acts 2024, No. 339, §5.

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2010, No. 1013, §2, eff. July 1, 2010; Acts 2024, No. 339, §5.
La. Rev. Stat. § 40:1193.5 — LA Code / Code revised-statutes / Title 40 / Section 1193.5
Consent; waiver
Status: in_force

A. Consent to the authorization for installation and use of a monitoring device may be given only by the resident or his legal representative.

B. Consent to the authorization for installation and use of a monitoring device shall include a release of liability for the nursing home for a violation of the resident's right to privacy insofar as the use of the monitoring device is concerned.

C. A resident or his legal representative may reverse a choice to have or not have a monitoring device installed and used at any time after notice of such reversal has been made to the nursing home, and to the ombudsman, upon a form prescribed by the department.

Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1121.7 — LA Code / Code revised-statutes / Title 40 / Section 1121.7
Report of cases
Status: in_force

A. Every licensed physician in this state and every superintendent or manager of a hospital or dispensary in this state shall report to the department every case of venereal disease which he attends or examines or for which he prescribes or gives treatment in accordance with the requirements of the Louisiana Sanitary Code. This report shall be made within the time period prescribed in the Louisiana Sanitary Code. The report shall be made on, or in substantial conformity with, a form provided for that purpose by the office. The report shall contain the identifying information required by the Louisiana Sanitary Code.

B. If the person affected with the venereal disease fails or refuses, for a period of ten days or more after the diagnosis as a venereal disease, to submit to proper treatment or if he exposes any other person to infection with the venereal disease, the attending physician shall make a supplementary report regarding these facts to the department.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2007, No. 153, §1, eff. August 15, 2007; Redesignated from R.S. 40:1065 by HCR 84 of 2015 RS.
La. Rev. Stat. § 40:700.11 — LA Code / Code revised-statutes / Title 40 / Section 700.11
Injunction proceedings
Status: in_force

A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the dissemination or causing to be disseminated of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of water treatment devices in commerce; or from engaging in the business of selling water treatment devices to the public without a permit issued by the Louisiana Department of Health; or from engaging in other unfair or deceptive trade practices including, but not limited to, verbal or written misrepresentation of any water treatment device.

B. In these proceedings for an injunction it is not necessary to show an intent on the part of the person enjoined to continue the offense.

C. In addition to other remedies, violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of an information by the district attorney and process of the court for the arrest of the violator may be served at any place in the state.

D. No person violates any injunction issued pursuant to this Section by reason of the dissemination, subsequent to the injunction, of the false advertisement which was the basis of the injunction, if the dissemination was beyond the control of the person.

Added by Acts 1983, No. 507, §1.
La. Rev. Stat. § 40:1484.21 — LA Code / Code revised-statutes / Title 40 / Section 1484.21
Prohibited acts; set-up inspector
Status: in_force

No person or firm shall do any of the following:

(1) Engage in the set-up inspection of an inflatable amusement device, amusement ride, or amusement attraction without a valid license issued as provided in this Part.

(2) Aid and abet an unlicensed operator in the operation of an inflatable amusement device, amusement ride, or amusement attraction.

(3) Certify or inspect inflatable amusement devices, amusement rides, or amusement attractions contrary to the provisions of this Part and adopted standards, regulations, and applicable manuals, service bulletins, and notices.

(4) Submit an application or any other document to the office of state fire marshal when the person or firm reasonably should have known the document contained false or misleading information.

(5) Engage in false, misleading, or deceptive acts or practices.

(6) Fail to maintain a valid license as required by this Part.

(7) Refuse to admit the state fire marshal or his designated representative to any operating location or refuse to cooperate in the purposes of such admittance as required by this Part.

(8) Fail to maintain his license on his person and to present it for inspection as required by this Part.

(9) Refuse to cooperate with any lawful investigation by the office of state fire marshal.

(10) Fail to abide by the administrative rules promulgated pursuant to this Part.

Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:683 — LA Code / Code revised-statutes / Title 40 / Section 683
Duration of license
Status: in_force

The license provided for in R.S. 40:681 extends for one year from the date of its issuance unless sooner revoked as herein provided. It shall be renewed annually thereafter upon the same terms and conditions as prescribed in R.S. 40:682. A license fee of five dollars shall be collected from each licensee.
La. Rev. Stat. § 40:1496.11 — LA Code / Code revised-statutes / Title 40 / Section 1496.11
Calcasieu Parish; Ward Six Fire Protection District Number One
Status: in_force

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Ward Six Fire Protection District Number One of Calcasieu Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and be responsible for the operation and maintenance of the district and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu. Each member shall be an elector of the parish of Calcasieu and a resident of the district. The commissioners shall serve at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Ward Six Fire Protection District Number One of Calcasieu Parish shall be administered by the Calcasieu Parish treasurer's office.

Acts 1986, No. 127, §1, eff. Oct. 1, 1986.