La. Rev. Stat. § 40:1207.1 — LA Code / Code revised-statutes / Title 40 / Section 1207.1
Scholarship and loan program
Status: in_force

A. It is the intent of the legislature to ensure that there are an adequate number of health care providers who practice in the state in areas of medicine for which there are no associated medical educational programs offered in the state.

B. The Board of Regents is hereby authorized to develop and administer through the promulgation of rules and regulations, pursuant to the Administrative Procedure Act, the Medical and Allied Health Professional Education Scholarship and Loan Program for students who choose to pursue certain out-of-state medical education because similar medical education programs are not offered in the state. The Board of Regents shall provide for the qualifications of the students and for the medical education programs to be included in the program. The Board of Regents shall require that all recipients of scholarship or loan funds, pursuant to this program, agree in writing to return to the state to practice for a minimum of one and one-half years for each year the scholarship or loan is received and to maintain enrollment as a Medicaid provider during their service.

C. The Board of Regents is hereby authorized to enter into agreements with a public trust and public corporation duly organized pursuant to R.S. 9:2341 et seq., having for its beneficiary the state for the purpose of administering and providing for a loan program to provide low interest loans to students seeking medical education for which there are no associated medical educational programs offered in the state. Notwithstanding any provision of law to the contrary, the public trust and public corporation duly organized pursuant to R.S. 9:2341 et seq., having for its beneficiary the state, may issue bonds, notes, or other obligations to the public and others for the purposes of this Part.

D. The Board of Regents may access state, federal, or grant funding made available to the Board of Regents for the purpose of fulfilling the scholarships offered in accordance with this Part.

Acts 2011, No. 150, §1, eff. June 24, 2011; Redesignated from R.S. 40:1300.8.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1379.1.2 — LA Code / Code revised-statutes / Title 40 / Section 1379.1.2
Special officers commission; rail police officers
Status: in_force

A. The superintendent of state police shall be authorized to issue at his discretion a special officer's commission from the division of state police to any person who is employed by a rail carrier as a rail police officer in accordance with 49 U.S.C. §28101.

B. A rail police officer issued a special officer's commission shall maintain current certification pursuant to the Council on Peace Officer Standards and Training.

C. The superintendent of state police shall be authorized to perform any of the following acts:

(1) Determine eligibility to receive a special officer's commission.

(2) Revoke any special officer's commission for cause.

(3) Require those rail police officers holding special officer's commissions to furnish proof of being bonded.

(4) Require submission of any information that is deemed necessary for determining suitability for holding a special officer's commission.

D. A special officer's commission issued to a rail police officer pursuant to the provisions of this Section shall be in effect at all times and to the extent of the authority of a certified or commissioned police officer pursuant to the laws of this state for the purpose of enforcing the laws in any jurisdiction in which the rail carrier owns property and provides protection for the following:

(1) Employees, passengers, or patrons of the rail carrier.

(2) Property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier.

(3) Property moving in interstate or foreign commerce in the possession of the rail carrier.

(4) Personnel, equipment, and material moving by rail that are vital to national defense.

E. Special officer commissions issued pursuant to the provisions of this Section shall be valid for a period of one year from the date of their issuance.

F. The Department of Public Safety and Corrections may promulgate and adopt regulations with respect to the issuance of the special officer's commissions for rail police officers.

Acts 2014, No. 361, §1.
La. Rev. Stat. § 40:487 — LA Code / Code revised-statutes / Title 40 / Section 487
Affiliates, applicability of certain laws
Status: in_force

A. Affiliates of housing authorities shall not, by virtue of their affiliation with such local housing authorities, become subject to the laws of this state applicable to public agencies and their governing bodies, including but not limited to laws pertaining to open meetings, minimum wage rates applicable to government contracts and employees, if any, procurement of goods and services, and laws relating to public employees.

B. Notwithstanding any provision of Subsection A of this Section to the contrary, affiliates of housing authorities shall be subject to the Public Records Law. For the purposes of the Public Records Law, affiliates of housing authorities shall be considered public bodies.

Acts 1997, No. 1188, §1; Acts 2011, No. 79, §1.

NOTE: See Acts 2011, No. 79, second §2, regarding applicability of Subsection B.
La. Rev. Stat. § 40:1730.58 — LA Code / Code revised-statutes / Title 40 / Section 1730.58
Building code amendments
Status: in_force

A. An industrialized building that bears an approved decal or insignia indicating that the building complies with the building code for specific wind zones and that has not been modified or altered shall not be required to comply with an amendment to the building code approved by the council.

B. Any elements that are altered in existing industrialized buildings shall be made to conform to the requirements of the building code for new construction to the extent as the state fire marshal may determine is practically feasible.

C. The owner of an industrialized building that bears an approved decal or insignia indicating the building complies with the building code and that is modified or altered after the date the council approves a building code amendment must ensure one of the following:

(1) The entire building complies with the building code or building code amendment if the cost of the modification or alteration to the building is at least fifty percent of the value of the modules or modular components used in the construction of the building.

(2) The modified or altered portion of the building complies with the building code or building code amendment if the cost of the modification or alteration is less than fifty percent of the value of the modules or modular components.

Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:600.68 — LA Code / Code revised-statutes / Title 40 / Section 600.68
Dissolution of the Road Home Corporation; title to property to vest in successor
Status: in_force

Upon dissolution of the Road Home Corporation, title to all property owned by the Road Home Corporation shall vest in the successor corporation created by the legislature, if any. If no such successor corporation is so created, title to such property shall vest in the state of Louisiana.

Acts 2006, No. 654, §1, eff. June 29, 2006.
La. Rev. Stat. § 40:1749.14 — LA Code / Code revised-statutes / Title 40 / Section 1749.14
Regional notification center
Status: in_force

A. Each operator of an underground utility or facility, including all state agencies and political subdivisions of the state, shall become a member of, participate in, and share the cost of a regional notification center, except as provided for in R.S. 40:1749.19. Each regional notification center shall have the capability to receive emergency locate requests twenty-four hours a day and to disseminate the information as soon as it is received to the appropriate operators and all affected regional notification centers in this state.

B. A regional notification center receiving a notice of intent to excavate shall notify all member operators having underground utilities or facilities in or near the site of the proposed excavation, except for the operator who provided the notice of intent and requested not to receive such notification. All member operators shall furnish the regional notification center with current emergency contact or notification information, including twenty-four hour telephone numbers.

C.(1) Each operator of an underground facility or utility, after having received the notification request from the regional notification center of an intent to excavate or an intent to conduct normal commercial farming operations, shall supply, prior to the proposed excavation or normal commercial farming operation, the following information to the person responsible for the excavation or normal commercial farming operation:

(a) The specific location and type of all of its underground utilities or facilities which may be damaged as a result of the excavation or demolition. If the surface over the buried or submerged line is to be removed, supplemental offset markings may be used. Offset markings shall be on a uniform alignment and shall clearly indicate that the actual facility is a specific distance away.

(b)(i) Unless otherwise required by federal or state statutes, the specific location and type of underground utility or facility may, at the operator's option, be marked to locate the utilities or facilities. If the utilities or facilities are visibly marked by the operator, they shall be marked by the operator by color coded paint, flags, or stakes or similar means using the American Public Works Association color code.

(ii) The location of underground fiber optic cables shall be identified in accordance with the provisions of this Subparagraph and such identification shall also include an added special marking that is uniquely associated with fiber optic cables.

(iii) When the utility or facility operator has marked the location of underground facilities or utilities, the marking shall be deemed good as long as visible, but not longer than twenty calendar days, including weekends and holidays, from the mark-by time, unless the notice was designated as a large project excavation or demolition and a written agreement has been reached between the operator and the excavator or demolisher. However, if the proposed excavation or demolition activity could impact a pipeline located on or in water, the commissioner may extend the time period allowed for completion of the excavation or demolition. An additional notice to the regional notification center shall be given by the excavator or demolisher in accordance with the provisions of this Part when the marks are no longer visible or if the excavation or demolition cannot be completed within twenty calendar days from the mark-by time for routine excavation or demolition or ninety calendar days for large project excavation or demolition.

(iv) The excavator shall use all reasonable and prudent means, within common industry practice, to protect and preserve all marks of the underground utility or facility.

(v) In the case whereby a forestry excavator, agricultural excavator, or marine excavator has requested that the utilities and facilities be marked for location, the operator of a utility or facility shall mark the area of their utilities or facilities. The markings provided by the operator shall be deemed good as long as the markings are visible or up to thirty calendar days from the time that the markings were made, whichever is shorter.

(2) If the operator does not visibly mark the location of these utilities or facilities, the operator shall provide information to enable an excavator using reasonable and prudent means to determine the approximate location of the utility or facility. The information provided by the operator shall include a contact person and a specific telephone number for the excavators to call. After the operator has received the notification request, the information on location, size, and type of underground utility or facility must be provided by the operator to the excavator prior to excavation.

(3) In the event of inclement weather as defined in this Part, the mark-by time shall be extended by a duration equal to the duration of the inclement weather. The owner or operator shall notify the excavator or demolisher before the expiration of the mark-by time of the need for such extension.

(4) Should an underground utility or facility operator determine that its underground facilities are not in conflict with the location of the request or determine that its underground facilities are not fully marked for locating purposes, a notification shall be sent to the excavator prior to the mark-by time. A notification to the regional notification center that generated the location request shall suffice for compliance with this Section as it pertains to positive response.

D. For the purpose of this Section, the specific location of the underground facilities is defined as an area not wider than the width of the underground facility or utility as marked plus eighteen inches on either side.

E.(1) An excavator or demolisher who has given notice and otherwise complied with the provisions of this Part shall be immune from civil liability for damages in the area of the proposed excavation or demolition caused by such excavation or demolition to any owner or operator who:

(a) Was required by the provisions of this Part to become a member, participate in, or share the cost of a regional notification center, and failed to do so.

(b) Failed to mark or provide information as required by the provisions of this Part.

(2) The immunity provided by this Subsection shall not apply to civil liability for damages caused by the negligence of the excavator or demolisher.

F. Should an owner or operator file suit against an excavator or demolisher for damages to underground facilities or utilities and the court finds in favor of the owner or operator, in addition to damages provided for by this Part, the owner or operator shall be entitled to recover reasonable attorney fees and costs. If the court finds in favor of the excavator or demolisher, the excavator or demolisher shall be entitled to recover reasonable attorney fees and costs.

Acts 1988, No. 923, §1, eff. Sept. 9, 1989; Acts 1992, No. 883, §1; Acts 1995, No. 491, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2010, No. 249, §1, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2014, No. 203, §1; Acts 2019, No. 344, §1; Acts 2021, No. 9, §1, eff. Jan. 2, 2022; Acts 2021, No. 46, §1; Acts 2024, No. 75, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 40:1735 — LA Code / Code revised-statutes / Title 40 / Section 1735
Public buildings or facilities or private buildings or facilities to display signs
Status: in_force

All public and governmental facilities constructed or remodeled in accordance with ADA Standards shall display signs indicating entrances, facilities, directions, accommodations for persons with disabilities, and other signs as required by and also in accordance with such standards.

NOTE: §1735 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

§1735. Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026.

Amended by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2024, No. 534, §2, eff. July 1, 2026.
La. Rev. Stat. § 40:64 — LA Code / Code revised-statutes / Title 40 / Section 64
Forms for collection of data
Status: in_force

The state registrar shall prescribe forms for the collection of information and statistics with respect to abortions. Such forms shall require, but not be limited to, the following information:

(1) The age, marital status, and state and parish (county) of residence of the woman who is aborted.

(2) The place where the abortion is performed.

(3) The full name and address of the physician or physicians performing the abortion.

(4) The age, marital status, and state and parish (county) of residence of the father, if known.

(5) Medical reason for the abortion.

(6) Medical procedure employed to procure the abortion.

(7) The length of the aborted fetus.

(8) The weight of the aborted fetus.

(9) Other significant conditions of the fetus and mother.

(10) The results of pathological examinations of all aborted fetuses, as required by R.S. 40:1061.13.

Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:570 — LA Code / Code revised-statutes / Title 40 / Section 570
Title
Status: in_force

This Part may be referred to as the "Housing Cooperation Law".

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2125 — LA Code / Code revised-statutes / Title 40 / Section 2125
Age; continuation of assistance; discrimination
Status: in_force

A. Assistance granted in this Part to an exceptional child may be continued until the exceptional person has reached the age of twenty-five years; however, assistance may be continued past age twenty-five if need for continuation of the residence location is necessary to the person's physical or emotional well-being, or both, and such necessity is so certified by appropriate professional authorities approved by the Louisiana Department of Health.

B. Such assistance shall not be provided where an institution or provider discriminates against those seeking services provided herein on the basis of race, color, creed, disability, as defined in R.S. 51:2232, or national origin.

Acts 1981, No. 673, §1; Acts 1993, No. 820, §7.
La. Rev. Stat. § 40:1730.52 — LA Code / Code revised-statutes / Title 40 / Section 1730.52
Legislative findings
Status: in_force

A. The Legislature of Louisiana finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques which can substantially reduce construction costs, and the mass production of buildings presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures.

B. Due to the nature of the construction of modular building units, which arrive at the site of installation with some or all of the electrical, mechanical, plumbing, and other systems already built into the unit and not able to be inspected at the site without disassembly or destruction, it is the purpose of this Part to provide for the inspection of modular building units for compliance with the building code at the place of manufacture.

Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:1075.1 — LA Code / Code revised-statutes / Title 40 / Section 1075.1
Short title
Status: in_force

This Part shall be known and may be cited as the "Emergency Medical Services for Children Program".

Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.101 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2009.21 — LA Code / Code revised-statutes / Title 40 / Section 2009.21
Mandatory screening of nursing home Medicaid patients with mental illness or developmental disabilities; implementation, review
Status: in_force

A. Public Law 100-203 establishes mandatory preadmission screening and resident review requirements for nursing care (other than ICF-DD) provided under Title XIX of the Social Security Act. Section 1919(b)(3)(F) of the Social Security Act prohibits admission of a mentally ill or mentally retarded Title XIX recipient unless the recipient requires the level of services provided by a nursing facility because of his physical and mental condition as determined by the state mental health authority or state mental retardation or developmental disability authority.

B. The Louisiana Department of Health shall establish rules and regulations to implement the mandatory preadmission and resident review requirements for nursing care (other than ICF-DD) provided under Title XIX of the Social Security Act. Such rules and regulations shall require that the department must make a determination of eligibility with regard to the first level of screening within two working days after a request is submitted to the department. If the department determines that a second level of screening is required to ascertain the mental condition of the applicant, the second level of screening shall be conducted and completed within eight working days after the completion of the first level of screening, and the applicant shall be notified of the agency's determination on the date the screening is completed. If the department fails to comply with the time limits provided for in this Subsection, the applicant shall be deemed eligible under Title XIX for placement in a nursing facility without further delay.

C. The Louisiana Department of Health, office of behavioral health shall be the state mental health authority and state developmental disability authority as provided for in the Social Security Act.

Acts 1989, No. 422, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1137.2 — LA Code / Code revised-statutes / Title 40 / Section 1137.2
Definitions
Status: in_force

As used in this Part "automated external defibrillator" and "AED" mean a medical device heart monitor and defibrillator that:

(1) Has received approval of its pre-market notification filed pursuant to 21 U.S.C. 360(k) from the United States Food and Drug Administration.

(2) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining whether defibrillation should be performed.

(3) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.

(4) Is capable of delivering the electrical impulse to an individual's heart.

Acts 1999, No. 825, §1; Redesignated from R.S. 40:1236.12 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:91 — LA Code / Code revised-statutes / Title 40 / Section 91
Title
Status: in_force

This Part may be known and referred to as the "Missing Angels Act".

Acts 2003, No. 591, §1.
La. Rev. Stat. § 40:970 — LA Code / Code revised-statutes / Title 40 / Section 970
Prohibited acts--Schedule V; penalties
Status: in_force

A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:

(1) To produce, manufacture, distribute or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule V.

(2) To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule V.

B. Violations of Subsection A. Any person who violates Subsection A of this Section with respect to any controlled dangerous substance classified in Schedule V shall be sentenced to a term of imprisonment, with or without hard labor, for not less than one year nor more than five years and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.

C. Possession. It is unlawful for any person unknowingly or intentionally to possess a controlled dangerous substance classified in Schedule V unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, or as provided in R.S. 40:978, while acting in the course of his professional practice or except as otherwise authorized by this Part. Any person who violates this Subsection shall be imprisoned with or without hard labor for not less than one year nor more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.

Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §7; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:532 — LA Code / Code revised-statutes / Title 40 / Section 532
Terms of office for local housing authority commissioner
Status: in_force

A. In the case of local housing authorities, the commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for terms of five years. All commissioners shall, except as otherwise provided in R.S. 40:536 and 537, continue to serve until their successors have been duly appointed.

B.(1)(a) Notwithstanding the provisions of Subsection A of this Section, seven commissioners of the Housing Authority of New Orleans, excluding the landlord commissioner, shall serve five-year terms after serving initial terms as provided in this Subparagraph. One member shall serve an initial term of one year, one shall serve two years, one shall serve three years, two shall serve four years, and two shall serve five years as determined by lot at the first meeting of the board.

(b) The seven commissioners serving on August 1, 2015, shall continue to serve until the expiration of their terms. The successors of such commissioners shall be appointed as provided in R.S. 40:531(B). Vacancies shall be filled in the manner of the original appointment; however, if a vacancy occurs prior to the expiration of a term of any such commissioner serving on August 1, 2015, the mayor of the city of New Orleans shall appoint a commissioner to fill the vacancy in the same manner as the original appointment. The commissioner appointed shall serve for the remainder of the unexpired term.

(2) The one landlord commissioner appointed pursuant to R.S. 40:531(B) shall serve terms concurrent with the mayor. A vacancy shall be filled in the manner of the original appointment.

Amended by Acts 1950, No. 401, §27; Acts 1997, No. 1188, §1; Acts 2015, No. 419, §1.
La. Rev. Stat. § 40:1568.1 — LA Code / Code revised-statutes / Title 40 / Section 1568.1
Investigation
Status: in_force

The fire marshal shall order a special investigation of any fire resulting in any human death within this state.

Acts 1974, No. 235, §2; Acts 2003, No. 290, §1.
La. Rev. Stat. § 40:527 — LA Code / Code revised-statutes / Title 40 / Section 527
Permitted disclosure
Status: in_force

A housing authority may provide any of the records described in R.S. 40:526:

(1) To any recipient to whom disclosure is authorized pursuant to consent by all adult individuals identified in the record which is to be so disclosed.

(2) To such parties as the housing authority deems necessary when the authority determines that the disclosure is essential to the preservation of life, health, or safety.

(3) To anyone as required by a court order.

(4) To a law enforcement agency without order of court, to the extent the authority deems such disclosure to be appropriate and in the public interest.

(5) To a landlord or prospective landlord for purposes of enabling the landlord to determine an applicant's suitability for initial tenancy or to determine the suitability for continued tenancy of a person receiving assistance from the authority and who is already in occupancy.

(6) To any applicant, tenant, or recipient of assistance to whom such information relates or to such person's designee or legal representative.

(7) To any state or federal public agency as required by law or agreement.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1248.7 — LA Code / Code revised-statutes / Title 40 / Section 1248.7
Local provider participation fund; authorized uses
Status: in_force

A. Each parish that collects a local hospital assessment payment authorized by this Subpart shall create a local provider participation fund. All income received by a parish pursuant to the provisions of this Subpart, including the revenue from local hospital assessment payments remaining after discounts and fees for assessing and collecting the payments are deducted, shall be deposited in the local provider participation fund of the parish. Monies in the fund may be withdrawn only in accordance with and for purposes specified in the provisions of this Section.

B. The local provider participation fund of a parish shall consist of the following monies:

(1) All revenue received by the parish attributable to local hospital assessment payments authorized by this Subpart, including any penalties and interest attributable to delinquent payments.

(2) Monies received from the department as a refund of an intergovernmental transfer from the parish to the state for the purpose of providing the nonfederal share of Medicaid base rate payments, provided that the intergovernmental transfer does not receive a federal matching payment.

(3) Sums which the parish elects to deposit.

(4) The earnings of the fund.

C. Monies in the local provider participation fund may be used only for one or more of the following purposes:

(1) To fund intergovernmental transfers from a parish to the state to provide the nonfederal share of a program of Medicaid payments for the benefit of hospitals in the parish.

(2) To pay the administrative expenses of a parish associated exclusively with activities authorized by this Subpart in an amount not to exceed the amount specified in R.S. 40:1248.8.

(3) To refund a portion of a local hospital assessment payment collected in error from a paying hospital.

(4) To refund to paying hospitals the proportionate share of money received by a parish from the department that is not used to fund the nonfederal share of Medicaid payment program payments described in Paragraph (1) of this Subsection.

D. Money in the local provider participation fund shall not be commingled with other parish funds.

Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:31.44 — LA Code / Code revised-statutes / Title 40 / Section 31.44
Confidentiality
Status: in_force

Notwithstanding any other provision of the law to the contrary, individual identifying data in the surveillance system shall be confidential and shall not be subject to discovery. Such data shall not be released unless express written informed consent of a parent or legal guardian has been obtained. Data gathered by the office shall be used only for the purposes set forth in this Part.

Acts 2001, No. 194, §1.
La. Rev. Stat. § 40:2180.3 — LA Code / Code revised-statutes / Title 40 / Section 2180.3
Input from the office for citizens with developmental disabilities
Status: in_force

Any office, bureau, or agency that licenses ICF/DD's shall prepare proposed rules, regulations, and standards in consultation with the office for citizens with developmental disabilities. Such consultation will include assurance that all federal and state laws and regulations, including the provisions of this Chapter regarding program requirements, are included in the licensing requirements.

Acts 2005, No. 128, §1, eff. June 22, 2005.
La. Rev. Stat. § 40:433 — LA Code / Code revised-statutes / Title 40 / Section 433
Issue subpoenas and commissions
Status: in_force

A local housing authority may issue subpoenas requiring the attendance of witnesses or the production of books and papers and commissions for the examination of witnesses who are out of state, unable to attend before the authority, or are excused from attendance.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1799 — LA Code / Code revised-statutes / Title 40 / Section 1799
Preemption of state law; liability of manufacturer, trade association, or dealer of firearms and ammunition
Status: in_force

A. The governing authority of any political subdivision or local or other governmental authority of the state is precluded and preempted from bringing suit to recover against any firearms or ammunition manufacturer, distributor, trade association, or dealer for damages for injury, death, or loss or to seek other injunctive relief resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition. The authority to bring such actions as may be authorized by law shall be reserved exclusively to the state.

B. This Section shall not prohibit the governing authority of a political subdivision or local or other governing authority of the state from bringing an action against a firearms or ammunition manufacturer, distributor, trade association, or dealer for breach of contract as to firearms or ammunition purchased by the political subdivision or local authority of the state.

C. If a governing authority violates the provision of this Section, the defendant may be entitled to court costs and attorney fees.

D. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the action was improperly brought under this Section.

Acts 1999, No. 291, §1, eff. June 11, 1999; Acts 2025, No. 175, §2.
La. Rev. Stat. § 40:2844 — LA Code / Code revised-statutes / Title 40 / Section 2844
Governing board; membership; appointment; terms; compensation; vacancies
Status: in_force

A. There is hereby established within the department the Louisiana Emergency Response Network Board.

B. The network shall be governed by a board of twenty-nine members which shall include:

(1) One cardiologist from nominees submitted by the Louisiana Chapter of the American College of Cardiology.

(2) One member from nominees submitted by the Rural Hospital Coalition to represent hospitals with fewer than sixty beds.

(3) One member from nominees submitted by the Louisiana Hospital Association to represent hospitals with one hundred beds or more.

(4) One member from nominees submitted by the Louisiana Hospital Association to represent a service district hospital.

(5) Two members from nominees submitted by the Louisiana Department of Health which shall include a member from the office of behavioral health.

(6) One member from nominees submitted by the Governor's Office of Homeland Security and Emergency Preparedness.

(7) Two members from nominees submitted by the Louisiana State Medical Society which shall include a member specializing in pediatric surgery.

(8) One member from nominees submitted by the Louisiana Medical Association.

(9) One member from nominees submitted by the Committee on Trauma or American College of Surgeons.

(10) One member from nominees submitted by the Louisiana American College of Emergency Physicians.

(11) One member from nominees submitted by the Louisiana State University Health Sciences Center at Shreveport.

(12) One member from nominees submitted by the Louisiana State University Health Sciences Center at New Orleans.

(13) One member from nominees submitted by Tulane University Health Sciences Center.

(14) One member from nominees submitted by the Louisiana State Coroners Association.

(15) Two members from the Louisiana House of Representatives to be appointed by the speaker of the House of Representatives.

(16) Two members from the Louisiana Senate to be appointed by the president of the Senate.

(17) One member who is an EMS practitioner from a list of nominees submitted by the Louisiana Association of Nationally Registered Emergency Medical Technicians (LANREMT).

(18) One member of the Louisiana Rural Ambulance Alliance.

(19) One 911 member of the National Emergency Number Association.

(20) One member of the Louisiana Hospital Association to represent hospitals providing rehabilitation services.

(21) One physician from nominees submitted by the American Stroke Association.

(22) One registered nurse practicing in emergency or critical care from nominees submitted by the Louisiana State Board of Nursing.

(23) One medical director of an emergency medical services agency from nominees submitted by the Louisiana Chapter of the National Association of EMS Physicians (NAEMSP).

(24) One optometrist from nominees submitted by the Optometry Association of Louisiana.

(25) One member who shall be a representative of a burn center that is verified by the American Burn Association.

C. Except as provided in Paragraphs (B)(15) and (16) of this Section, members shall be appointed by the governor from a list of qualified candidates nominated by the respective organizations. Each organization shall submit a list of at least four nominees to the governor.

D. All members of the board shall serve terms of three years.

E. The chairman shall be elected by the board for a term to be determined by the board and no member shall serve more than two consecutive terms as chairman.

F. Each appointment by the governor shall be subject to Senate confirmation.

G. Each board member shall serve without compensation. Legislators shall receive the same per diem and travel reimbursement for attending meetings of the board as is normally provided for members of the legislature. Nonlegislative board members may receive reimbursement for expenses in accordance with the guidelines of the entity they represent.

H. The board shall adopt rules and regulations to provide for the governance of the board. Such rules and regulations shall include but not be limited to:

(1) Procedures for the election of board officers, including terms of office and methods and grounds for removal.

(2) Procedures and grounds for the removal of any board member. Grounds for removal shall include conviction of a felony or may include failure to meet board attendance rules as provided by rule.

I. Procedures for filling a vacancy created by the removal, resignation, or death of any board member prior to the end of the board member's term shall follow those used for initial appointments.

J. The number of board members necessary to constitute a quorum for the transaction of business shall never be less than one third of the entire membership of the board. A majority vote of the board members constituting a quorum shall be necessary for any action taken by the board.

Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2006, 1 st Ex. Sess., No. 35, §4, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2006, No. 426, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 934, §1; Acts 2019, No. 434, §7, eff. June 30, 2019; Acts 2022, No. 123, §1.
La. Rev. Stat. § 40:1558.3 — LA Code / Code revised-statutes / Title 40 / Section 1558.3
Volunteer Firefighters' Tuition Reimbursement Fund
Status: in_force

A. There is hereby established a special fund in the state treasury to be known as the Volunteer Firefighters' Tuition Reimbursement Fund, hereinafter referred to as the "fund", which shall consist of monies appropriated annually by the legislature for the purpose set forth in this Part to the extent that state general funds are available; federal funds; public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund; and any other monies that may be provided by law.

B.(1) Notwithstanding any other provision of law to the contrary, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from the Bond Security and Redemption Fund to pay all of the obligations secured by the full faith and credit of the state that become due and payable within any fiscal year, the treasurer shall pay into the Volunteer Firefighters' Tuition Reimbursement Fund an amount equal to the amount provided for in Subsection A of this Section.

(2) Monies appropriated from the fund shall be used solely as provided by Subsection C of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.

C. Subject to annual appropriation by the legislature, the monies in the Volunteer Firefighters' Tuition Reimbursement Fund shall be used solely for providing tuition reimbursement to eligible volunteer firefighters attending a state funded public college, university, or vocational or technical school.

D. Notwithstanding any provision of law to the contrary, no monies from the state general fund (direct) shall be deposited or appropriated to the fund unless and until two-thirds of the elected members of each house of the legislature consent to such deposit or appropriation.

Acts 2013, No. 310, §2.
La. Rev. Stat. § 40:1226.1 — LA Code / Code revised-statutes / Title 40 / Section 1226.1
Definitions
Status: in_force

As used in this Part, the following terms shall have the meanings ascribed to them in this Section unless otherwise provided for or unless the context otherwise indicates:

(1) "Aftercare" means any assistance provided by a caregiver to a patient pursuant to this Part after the patient's discharge from a hospital. Such assistance may include tasks that are limited to the patient's condition at the time of discharge and that do not require a licensed professional.

(2) "Caregiver" means an individual who meets all of the following conditions:

(a) Is eighteen years of age or older.

(b) Provides aftercare to an individual.

(c) Is identified by the patient or, if applicable, the legal guardian of the patient as a person who is involved with the health care of the patient pursuant to 45 CFR 164.510(b), as it existed on January 1, 2015.

(3) "Discharge" means a patient's release from hospital care to the patient's residence following an inpatient admission.

(4) "Hospital" means a facility licensed under the provisions of Part II of Chapter 11 of this Title.

(5) "Patient" means an individual who has been admitted to a hospital for inpatient care and who is eighteen years of age or older.

(6) "Residence" means a dwelling that the patient considers to be his home. A residence shall not include any rehabilitation facility, hospital, nursing home, assisted living facility, or group home.

Acts 2016, No. 351, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:31.1 — LA Code / Code revised-statutes / Title 40 / Section 31.1
Reye's Syndrome disease; mandatory reporting
Status: in_force

Every physician practicing medicine in the state of Louisiana shall report to the state health officer, through the health unit of the parish or municipality wherein such physician practices, any case or suspected case of Reye's Syndrome disease which he is attending, or has examined, or for which such physician has prescribed. The report shall be made as promptly as possible from the time the physician first visits, examines or prescribes for the patient and such report shall state the name, age, sex, race, usual residence, place where the patient is to be found, the nature of the disease, the date of onset, and any additional information that the state health officer may require. The state health officer shall send a copy of such report to the United States Centers for Disease Control and Prevention, or such information contained therein as may be required by that agency.

Added by Acts 1980, No. 277, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1484.16 — LA Code / Code revised-statutes / Title 40 / Section 1484.16
Powers and duties of the state fire marshal
Status: in_force

The state fire marshal shall:

(1) Formulate and administer such rules as may be determined essentially necessary for the enforcement of this Part.

(2) Evaluate the qualifications of firms or persons applying for or maintaining a license pursuant to this Part.

(3) Have authority to set qualifications and fitness of applicants for a license as provided in this Part, which may include conducting examinations.

(4) Issue full or provisional licenses to firms and persons meeting the qualifications established by this Part.

(5) Have authority, after notice and opportunity for hearing, to increase or decrease the limits of insurance coverage and authorize acceptance of surplus lines coverage if the state fire marshal determines that due to loss experience, market conditions, or other good reason, the liability insurance coverage required by this Part is unavailable to applicants for or holders of licenses.

(6) Have authority to conduct inspections of licensed firms, whether in state or out of state, for the purpose of observation and collection of facts and data relating to proper enforcement of this Part.

(7) Conduct inspections and perform audits to ensure compliance with this Part and investigate at reasonable times, and within reasonable limits and manner, inflatable amusement devices, amusement attractions, or amusement rides in any area where they are assembled, maintained, stored, serviced, or in use. The state fire marshal or his designee, upon presenting credentials to an owner or operator, is authorized to act as described in this Paragraph without prior notice.

(8) Employ such persons as he may deem qualified, consistent with applicable civil service regulations, and incur expenses as may be necessary in connection with the administration of this Part.

(9) Investigate all written complaints lodged against firms or individuals alleged to have violated provisions of this Part or related promulgated rules and pursue administrative action against the firms or individuals.

(10) Investigate all accidents related to an inflatable amusement device, amusement attraction, or amusement ride resulting in injury or death, or as requested by an operator, customer, patron, rider, or user.

Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:2105 — LA Code / Code revised-statutes / Title 40 / Section 2105
Procedure and investigation relative to issuance of license
Status: in_force

A. Following receipt of an application for license the department shall issue a license if the applicant and hospital facility meet the requirements established under this Part and the minimum standards adopted in pursuance thereof.

B. Any officer or duly authorized agent of the Louisiana Department of Health, the fire marshal, or either, may enter and inspect any building or premises at any reasonable time to secure compliance with or to prevent the violation of any provision of this Part.

C. The department may, either before or after the issuance of a license, request the cooperation of the fire marshal to make investigations to determine if the applicant or licensee is complying with the minimum standards promulgated by the department. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards. It shall be the duty of the fire marshal to cooperate with the department in the enforcement of this Part and the minimum standards adopted in pursuance thereof when called upon by the department.

Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §57.
La. Rev. Stat. § 40:2179.2 — LA Code / Code revised-statutes / Title 40 / Section 2179.2
Authorization to contract; interagency agreement; issuance of certification cards or certificates
Status: in_force

A. The Board of Examiners of Nursing Facility Administrators may maintain the Direct Service Worker Registry through an interagency agreement with the Louisiana Department of Health in accordance with applicable federal regulations.

B. The Board of Examiners of Nursing Facility Administrators is authorized to issue certificates or certification cards which indicate registration status on the Direct Service Worker Registry to direct service workers upon request. The Board of Examiners of Nursing Facility Administrators may charge an amount not to exceed the cost of providing such certificates or certification cards.

Acts 2006, No. 657, §1, eff. June 29, 2006.
La. Rev. Stat. § 40:1353 — LA Code / Code revised-statutes / Title 40 / Section 1353
Officers
Status: in_force

The officers of the board shall be a chairman, who shall be appointed by the governor, and such other officers as the board deems necessary.

Added by Acts 1968, No. 281, §1.
La. Rev. Stat. § 40:1484.10 — LA Code / Code revised-statutes / Title 40 / Section 1484.10
Third-party inspector; educational and certification requirements
Status: in_force

A third-party inspector shall not engage in third-party inspections as described in R.S. 40:1484.5 unless the inspector is one of the following:

(1) A licensed engineer experienced in materials testing.

(2) Currently certified by NAARSO with a Level 1 or greater certification.

(3) Currently certified with an equivalent to NAARSO Level 1 or greater certification as determined by rules promulgated by the state fire marshal pursuant to this Part.

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §2; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:1155.2.1 — LA Code / Code revised-statutes / Title 40 / Section 1155.2.1
LaPOST Form
Status: in_force

Acts 2016, No. 486, §1, eff. June 13, 2016.
La. Rev. Stat. § 40:2811 — LA Code / Code revised-statutes / Title 40 / Section 2811
Disposition of property abandoned to hospitals
Status: in_force

A. Notwithstanding the provisions of the Uniform Unclaimed Property Act of 1997, R.S. 9:151 et seq., to the contrary, any property left in the possession of a hospital licensed under the provisions of this Title or owned and operated by the state or a political subdivision by any person shall be considered abandoned property for the purposes of this Section if:

(1) The owner of the property or the owner's next of kin has been notified by certified mail, return receipt requested, at the last known address, that the property is in possession of the hospital and must be claimed by the owner or the owner's next of kin as follows:

(a) Within thirty days if the owner was discharged from the hospital or died in such facility.

(b) Within one hundred thirty days if the owner is anyone other than a person who was discharged from the hospital or died in such facility.

(2) The owner of the property or the owner's next of kin takes no action within the time specified in Paragraph (1) of this Subsection from the date that the certified letter was sent.

(3) There is no last known address of the owner or the owner's next of kin.

B. A public sale of the abandoned property shall be held by the hospital during the month of January each year. Proceeds from the sale of abandoned property and any cash that has been abandoned by a former patient shall be transferred to the administrator of the hospital and placed in a special fund for the benefit of indigent patients. An accounting of this fund, including the various expenditures made from the account, shall be maintained by the administrator and be open to public inspection.

C. A licensed hospital may dispose of any soiled clothing which is considered abandoned property under the provisions of this Section.

D. "Owner", "person", and "property", for purposes of this Section, shall have the same meaning as defined in R.S. 9:153.

Acts 1995, No. 343, §1; Acts 2001, No. 832, §1; Acts 2023, No. 351, §3, eff. June 12, 2023.
La. Rev. Stat. § 40:600.97 — LA Code / Code revised-statutes / Title 40 / Section 600.97
Liability of directors, officers, or employees of the corporation
Status: in_force

The directors, officers, or employees of the corporation, or any other person executing the bonds of the corporation shall not be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance, sale, or delivery thereof while acting within the scope of their authority.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1251.6 — LA Code / Code revised-statutes / Title 40 / Section 1251.6
Provisions
Status: in_force

A. The Louisiana Department of Health shall promulgate regulations governing the following:

(1) Procedures for application, application forms, and eligibility criteria for persons with disabilities to obtain coverage.

(2) A sliding scale for the buy-in amounts to be paid by working persons with disabilities to maintain Medicaid coverage, while working.

(3) A plan to publicize the eligibility criteria and where applications may be obtained.

(4) Any standards or procedures necessary to properly implement a buy-in program for persons with disabilities.

B. The provisions of this Part shall not prohibit the department from exercising any and all authorities and responsibilities granted to the department under the Medical Assistance Program (Title XIX of the Social Security Act) in the event such authorities and responsibilities are concurrent with the provisions of this Part.

C. Any rules or regulations adopted under the provisions of this Part shall be promulgated under the Administrative Procedure Act. Any rules or regulations shall be subject to review by the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

D. Beginning January 1, 2004, and semiannually thereafter and not later than sixty days prior to the beginning of the regular session of the legislature, the department shall submit the following information to the Joint Legislative Committee on the Budget and to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare:

(1) Status of the buy-in program, including the number of enrollees, the estimated cost of the program, and any other information the department deems pertinent to this buy-in program.

(2) A report relative to the estimated value of the state, federal and FICA taxes paid by the participants in the buy-in program.

(3) Any recommendations for expanding coverage in the buy-in program or any other recommendations relative to the requirements of this Part.

Acts 2003, No. 207, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.78.5 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.21.1 — LA Code / Code revised-statutes / Title 40 / Section 1730.21.1
State preemption of natural gas utility service
Status: in_force

A. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. No code, ordinance, land use restriction or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a parish or municipality may prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide the utility service at a person's or entity's property.

B. A parish or municipality may not deny a permit application based on the utility provider proposed to provide utility service to the project.

C. A parish or municipality issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.

D. This Section does not prohibit a parish or municipality from recovering reasonable costs associated with reviewing a building permit, issuing a building permit, and performing inspections to verify code compliance.

E. A parish or municipality may not impose a fine, penalty, or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers.

F. This Section does not affect the authority of a parish or municipality to manage the public highways within its boundaries or to exercise its police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.

G. This Section does not affect the authority of a parish or municipality to manage or operate a publicly-owned utility.

H. For the purposes of this Section, "utility service" means natural gas provided to an end user.

I. The provisions of this Section shall supersede any contrary provision of law.

Acts 2020, No. 46, §1.
La. Rev. Stat. § 40:1291.3 — LA Code / Code revised-statutes / Title 40 / Section 1291.3
Definitions
Status: in_force

For the purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) "Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

(2) "Business" means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity.

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

(4) "Employer" means an individual or a business that employs one or more individuals.

(5) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.

(6) "Local governing authority" means a municipal or parish governing authority.

(7) "Place of employment" means an area under the control of an employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a licensed child care, adult day care, or healthcare facility.

(8) "Public building" means any building owned or operated by any of the following:

(a) The state, including the legislative, executive, and judicial branches of state government.

(b) Any parish, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency.

(c) Any other separate corporate instrumentality or entity of state or local government.

(9) "Public place" means an enclosed area to which the public is invited or in which the public is permitted which is not a public building, including but not limited to banks, educational facilities, healthcare facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.

(10) "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar located within a restaurant.

(11) "Retail tobacco business" means a business utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental.

(12) "School" means any elementary or secondary school building, the campus of any school, any buildings on the campus, and all school buses.

(13) "Secondhand smoke" means smoke emitted from lighted, smoldering, or burning tobacco when the smoker is not inhaling, smoke emitted at the mouthpiece during puff drawing, and smoke exhaled by the smoker.

(14) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted combustible plant material.

Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1300.253 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2266.3 — LA Code / Code revised-statutes / Title 40 / Section 2266.3
Criminalistics laboratories operated by sheriffs of Calcasieu, Jefferson, and St. Tammany parishes included herein
Status: in_force

The criminalistics laboratories presently operated by the sheriff of Calcasieu Parish for Vernon, Allen, Beauregard, Jefferson Davis, Cameron, and Calcasieu parishes, by the sheriff of Jefferson Parish, and by the sheriff of St. Tammany Parish are hereby authorized to operate within the terms and provisions of Chapter 13-B of this Title, as may be applicable, and to receive the benefits therein established, as fully as though the laboratories were in fact operated by legislatively created and authorized criminalistics laboratory commissions; however, except for the criminalistics laboratory operated by the sheriff of Jefferson Parish, those sheriff's laboratories shall be required to provide criminalistics laboratory services for such nearby surrounding parishes as may elect, upon the terms provided above, to participate in the laboratories, within limitations as are reasonably developed by legislatively created criminalistics laboratory commissions, until such time as the laboratories may become operated by legislatively created criminalistics laboratory commissions. The criminalistics laboratory operated by the sheriff of Calcasieu Parish shall be named and known as the Southwest Louisiana Criminalistics Laboratory.

Added by Acts 1972, No. 174, §1. Amended by Acts 1981, No. 168, §2; Acts 2006, No. 35, §1; Acts 2012, No. 619, §1.
La. Rev. Stat. § 40:2180.11 — LA Code / Code revised-statutes / Title 40 / Section 2180.11
Purpose
Status: in_force

The purpose of this Part is to provide for the operation and maintenance of crisis receiving centers to provide for appropriate crisis identification, intervention, and stabilization services, including a coordinated system of entry for people in behavioral emergency rooms.

Added by Acts 2008, No. 447, §2, See Act. Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:15 — LA Code / Code revised-statutes / Title 40 / Section 15
Quarantine by parish health officer
Status: in_force

No parish health officer may establish quarantines without the approval of the state health officer, previously obtained, and the cooperation of the parish legislative body. The state health officer has supervisory power over all local quarantines so established.

Acts 1976, No. 346, §1.
La. Rev. Stat. § 40:2120.4 — LA Code / Code revised-statutes / Title 40 / Section 2120.4
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 home- and community-based service providers, 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. Licensure procedures and requirements shall include provisions for granting deemed status to home- and community-based service providers that either obtain accreditation through a recognized national, not-for-profit accrediting body approved by the department, or comply with any other procedure developed by the department to ensure that every home- and community-based provider meets minimum standards for the delivery of services and is in compliance with all applicable federal and state regulations; the licensure procedures and requirements may include provisions for denying and revoking deemed status, for complaint surveys and investigations of providers holding deemed status, and for approved accreditation organizations. Deemed status shall not be available to persons or entities seeking initial licensure with the department.

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

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

(5) Survey and complaint investigations.

(6) Initial and annual renewal of license, including the requirement of a showing of financial viability not in excess of the requirement for initial licensure.

(7) Provisional license.

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

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

(10)(a) Such other regulations or standards as will ensure proper care and treatment of patients, clients, and persons receiving services, including provisions relative to civil money penalties, as may be deemed necessary for an effective administration of this Part.

(b) Such standards should include rules that subject providers of home and community-based services to civil money penalties by class of violation.

(c) Such penalties shall be similar to those relative to providers of nursing facility services and to providers of services in an intermediate care facility for people with developmental disabilities.

(d) Such penalties shall be applied consistently with respect to all providers of home and community-based services.

C. Such rules and regulations shall not provide for the licensure of residential orientation and adjustment programs for blind persons as home- and community-based service providers.

D. The secretary of the department is further authorized to set and collect fees for the licensure of home- and community-based service providers; however, no fees shall be collected from any council on aging pursuant to this Section. The license fees shall not exceed the cost of licensure and shall not exceed the following:

(1) Six hundred dollars per year for the base license for home- and community-based service providers who provide in-home services.

(2) An additional two hundred dollars per year for home- and community-based service providers who provide adult day care services.

(3) An additional two hundred dollars per year for home- and community-based service providers who provide out-of-home respite care.

Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2006, No. 163, §2; Acts 2008, No. 839, §3, eff. July 8, 2008; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:520 — LA Code / Code revised-statutes / Title 40 / Section 520
Insurance
Status: in_force

A housing authority may purchase and maintain insurance on behalf of a representative against liability asserted against or incurred by a representative who is or was a representative of a housing authority or who, while a representative, is or was serving at the request of the housing authority as a director, officer, partner, trustee, employee, or agent of a partnership, joint venture, employee benefit plan, or other enterprise.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1061.3 — LA Code / Code revised-statutes / Title 40 / Section 1061.3
Discrimination against hospitals, clinics, etc.; prohibition
Status: in_force

No hospital, clinic or other facility or institution of any kind shall be held civilly or criminally liable, discriminated against, or in any way prejudiced or damaged because of any refusal to permit or accommodate the performance of any abortion in said facility or under its auspices.

Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.32 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1555 — LA Code / Code revised-statutes / Title 40 / Section 1555
Federal, state, and private aid and grants
Status: in_force

A district created pursuant to the provisions of this Chapter shall have full power to do such things and enter into such contracts and agreements with the federal government, the state, or other public or private sources as may be necessary to procure aid and grants to assist the district in carrying out the purpose for which it was created.

Acts 2001, No. 188, §1, eff. May 31, 2001.
La. Rev. Stat. § 40:1842 — LA Code / Code revised-statutes / Title 40 / Section 1842
Definitions
Status: in_force

As used in this Part:

(1) "Liquefied petroleum gases" are those gases derived from petroleum or natural gas, and are herein defined as those in the gaseous state at normal atmospheric temperature and pressure, and those maintained in the liquid state at normal atmospheric temperature by means of suitable pressure.

(2) "Liquefied petroleum gas dealers" means those persons, firms, or corporations engaged in the storage, sale, or transportation of liquefied petroleum gases over the public highways of this state, in the installation of storage tanks or systems for the use of liquefied petroleum gases, and in the installation of liquefied petroleum gas appliances for the use of liquefied petroleum gases who are required, by this Part and the rules and regulations of the Liquefied Petroleum Gas Commission, to obtain the permit and furnish the insurance required by this Part as a prerequisite to the right to carry on their respective businesses.

(3) "Commission" means the Liquefied Petroleum Gas Commission created by R.S. 40:1841.

(4) "Retail station" means that portion of property where liquefied petroleum gases used as motor fuel are stored and dispensed from fixed equipment into liquefied petroleum gas fuel tanks of motor vehicles and where such dispensing is an act of retail motor fuel sale.

(5) "Motor fuel" means liquefied petroleum gases of a type distributed for use as a fuel in self-propelled agricultural or industrial equipment, and vehicles designed for use on public streets, roads, and highways.

(6) "Retail motor fuel sale" means the dispensing of liquefied petroleum gas motor fuel at a retail station to the general public for cash or credit. As used in this Subpart, retail motor fuel sale does not include the dispensing of liquefied petroleum gas motor fuel under a gas card-lock or fuel card-lock system or other system in which a purchaser, under a previously entered into contractual arrangement with the seller, is provided a card, key, or other item or device to unlock or operate the dispensing equipment when no employee is present on the premises.

(7) "End user" means any person, firm, or corporation which has the use of or legal authority or control over any system which utilizes liquefied petroleum gas as defined by this Section.

(8) "Liquefied petroleum gas system" means any tank, container, heat or cold producing device, appliance, or piping that utilizes or has liquefied petroleum gas connected thereto. As used in this Subpart, liquefied petroleum gas system shall include but is not limited to ranges, hot water heaters, air conditioners, containers, tanks, furnaces, spaceheaters, piping used in the transfer of liquefied petroleum gas from one point to another, internal combustion engines, both stationary and mobile, grain dryers, or any combination thereof.

(9) "Owner" means any person, firm, or corporation who holds a written bill of sale under which title was transferred to the subject property.

(10) "Manufacturer of liquefied petroleum gases" means any person, firm, or corporation which derives liquefied petroleum gas from raw materials, such as crude oil or natural gas, through an artificial process that gives the raw materials new qualities or combinations that are suitable for use in some form other than in their raw state.

(11) "Manufacturer of products of which liquefied petroleum gas forms a component part" means any person, firm, or corporation which uses liquefied petroleum gas as a raw material or in combination with other materials to form another product.

(12)(a) "Reseller" means a person, firm, or corporation who:

(i) Holds title or ownership of liquefied petroleum gas as it leaves the facility or plant of a manufacturer of liquefied petroleum gas, or the facility or plant of a manufacturer of products of which liquefied petroleum gas form a component part, or of a commercial storage facility.

(ii) Transfers such title or ownership to another without substantially changing the form of the liquefied petroleum gas.

(iii) Transfers such title or ownership to another reseller, or to a liquefied petroleum gas dealer for sale at retail.

(b) This definition shall include a manufacturer of liquefied petroleum gas or a manufacturer of products of which liquefied petroleum gas forms a component part, if title or ownership transfers directly from the manufacturer to a liquefied petroleum gas dealer for sale at retail.

(c) This definition shall not include a manufacturer of liquefied petroleum gas or a manufacturer of products of which liquefied petroleum gas forms a component part, if title or ownership transfers to another manufacturer of liquefied petroleum gas, to another manufacturer of products of which liquefied petroleum gas forms a component part, or to a reseller.

Acts 1950, No. 63, §1. Amended by Acts 1975, No. 49, §1; Acts 1987, No. 552, §1; Acts 1990, No. 779, §1; Acts 1992, No. 323, §1, eff. June 17, 1992; Acts 1997, No. 999, §1; Acts 2003, No. 275, §1, eff. June 10, 2003.
La. Rev. Stat. § 40:1173.5 — LA Code / Code revised-statutes / Title 40 / Section 1173.5
Release of information
Status: in_force

A. To ensure the privacy and protection of Louisianans' health information, the department shall not release confidential or protected health information collected from hospitals and other healthcare providers pursuant to this Subpart. The department shall adhere to and comply fully with appropriate privacy protection protocols that are at least as stringent as the HIPAA Privacy Rule.

B. Notwithstanding Subsection A of this Section, the department may release data collected pursuant to this Subpart for the purpose of conducting healthcare research which is a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge. All requests for data collected pursuant to this Subpart shall be submitted to the department and reviewed by the department's Institutional Review Board. The department shall deny any requests for data that it determines will be utilized for business or commercial purposes, including but not limited to market analysis and software development. The department shall have one representative of the provider group whose data is subject to the data release on the Institutional Review Board.

C. Each data request shall state the proposed use of the data requested and include an affirmation by the recipient that no attempt will be made to combine patient-level data provided for in the request with other data to identify patients and that no confidential information shall be released.

D. The department shall inform the Health Data Panel prior to the release of requested data collected pursuant to this Subpart.

Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.115 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1049.5 — LA Code / Code revised-statutes / Title 40 / Section 1049.5
Funding sources; no fees on pharmacists or pharmacies
Status: in_force

A. Funding for the acquisition, implementation, and operation of the central computer monitoring system shall be funded through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.

B. Thereafter, the maintenance of the central computer monitoring system shall be funded through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.

C. The Department of Public Safety and Corrections, office of state police, and the Louisiana Sheriffs' Association may actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the central computer monitoring system, provided that such gifts, grants, and donations are not otherwise prohibited by law or rule.

D. No fee shall be charged to any pharmacist or pharmacy to defray the costs of acquiring, implementing, or maintaining the central computer monitoring system as authorized by the provisions of this Part, nor shall any fee be charged to any pharmacist or pharmacy for the transmission of information to the central computer monitoring system.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:1079.11 — LA Code / Code revised-statutes / Title 40 / Section 1079.11
Statement of purpose
Status: in_force

It is the purpose of this Subpart to provide for accessibility to preventive alcoholism and addiction counseling or treatment by qualified professionals for minor children.

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2188 — LA Code / Code revised-statutes / Title 40 / Section 2188
Refusal, revocation, or suspension of license; imposition of fine; appeal procedure
Status: in_force

Upon the refusal of the department to grant a license as provided in this Part, or upon the revocation or suspension of a license, or the imposition of a fine, the agency, institution, corporation, person, or other group affected by such action shall have the right to appeal such action by submitting a written request to the secretary of the department within thirty days after receipt of the notification of the refusal, revocation, suspension of a license, or imposition of a fine. The appeal hearings shall take place no later than thirty days after the request therefor, and shall be conducted in accordance with applicable regulations of the department and the provisions of R.S. 46:107, et seq. This provision shall in no way preclude any party aggrieved by any act or inaction of the department from seeking judicial relief by a writ of mandamus to require compliance with this Part.

Acts 1988, No. 941, §2.
La. Rev. Stat. § 40:2120.35 — LA Code / Code revised-statutes / Title 40 / Section 2120.35
Rules, regulations, and standards for licenses
Status: in_force

A. The department shall promulgate rules and regulations to carry out the provisions of this Part in accordance with the provisions of the Administrative Procedure Act.

B. The department shall promulgate minimum standards for adult brain injury facilities as defined in this Part which, at a minimum, shall:

(1) Promote the health, safety, and welfare of clients of adult brain injury facilities.

(2) Promote safe, comfortable, and proper physical facilities which, at a minimum, comply with applicable provisions of the Life Safety Code and the Louisiana Sanitary Code.

(3) Ensure adequate supervision of the clients.

(4) Include requirements for all personnel and employees of the facility.

(5) Prohibit discrimination by brain injury facilities on the basis of race, color, creed, sex, disability, as defined in R.S. 51:2232, national origin, or ancestry.

(6) Include procedures for survey and complaint investigations.

(7) Require the licensee to make adequate provisions for clients in its care in the event of an emergency or natural disaster as provided in the licensee's approved emergency and evacuation plan.

(8) Administer a medication management program that includes:

(a) A current medication list to be provided by the prescribing physician(s) on or before admission.

(b) An initial assessment by the primary physician or nursing director in accordance with the client's needs including a review of the client's current medication list.

(c) Identification of the level of assistance the client needs. Assistance with oral medication, inhalant medication, topical applications, suppository medication, eye and ear drops, prescription and non-prescription medication in accordance with the client's medical needs and orders of an authorized prescriber, shall be limited to the following:

(i) Reminding the client to take his medication.

(ii) Informing the client of the medication regimen, as indicated on the container, which may be read to the client and the dosage of the medication, according to the container label, may be checked by staff.

(iii) Physically assisting the client in pouring or handing out medications, including having a staff member open the medicine container.

(d) Formulation of a treatment plan for the client.

(e) Implementation of the treatment plan.

(f) Periodic review and revision of the treatment plan.

Acts 2005, No. 245, §1, eff. June 29, 2005.
La. Rev. Stat. § 40:415 — LA Code / Code revised-statutes / Title 40 / Section 415
Prerequisites to adoption of resolution creating or expanding regional or consolidated authority
Status: in_force

A. The governing body of its respective parish or municipality shall adopt a resolution pursuant to R.S. 40:411 only if it finds that:

(1) In the area of its respective parish or municipality, there are insanitary or unsafe inhabited dwelling accommodations or there is a shortage of safe or sanitary dwelling accommodations available to families of low income at rentals they can afford or that slum or blighted areas exist.

(2) The regional or consolidated housing authority would be the most efficient and economical administrative unit to carry out the purposes of this Part in its parish or municipality.

B. In the case of the expansion of the area of operation of a regional or consolidated authority, the governing body of any parish or municipality and the commissioners of the regional or consolidated housing authority shall adopt a resolution pursuant to R.S. 40:413 if both:

(1) The governing body of each parish or municipality to be included finds that insanitary or unsafe inhabited dwelling accommodations exist therein or that there is a shortage of safe or sanitary dwelling accommodations therein available to families of low income at rentals they can afford or that slum or blighted areas exist therein.

(2) The governing body of the parishes or municipalities already included in the area of operation of the regional or consolidated housing authority, the commissioners of the regional or consolidated housing authority and the governing body of each additional parish or municipality finds that the regional or consolidated housing authority would be a more efficient or economical administrative unit to carry out the purposes of this Part if the area of operation of the regional or consolidated housing authority is increased to include the additional parish or municipality.

Amended by Acts 1950, No. 401, §7; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:824 — LA Code / Code revised-statutes / Title 40 / Section 824
Penalty
Status: in_force

Whoever violates any of the provisions of this Subpart shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2009.44 — LA Code / Code revised-statutes / Title 40 / Section 2009.44
Nursing home leave of absence days
Status: in_force

Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health shall promulgate rules and regulations which allow payment for up to seven leave-of-absence days per spell of illness, at a minimum, for each nursing home facility resident who is Medicaid-eligible, when the resident has been admitted as an inpatient to another licensed health care facility. Further, the department shall promulgate rules and regulations which allow payment for up to fifteen leave-of-absence days per year, at a minimum, for each nursing facility resident who is Medicaid-eligible, when the resident leaves such nursing facility on home leave.

Acts 1997, No. 1397, §1, eff. July 1, 1998.
La. Rev. Stat. § 40:1665.1 — LA Code / Code revised-statutes / Title 40 / Section 1665.1
Financial security for surviving spouses and children of firemen and law enforcement officers; death by heart attack or stroke; presumption
Status: in_force

A. In addition to the qualifying events enumerated in R.S. 40:1665 and 1665.2, a fireman or law enforcement officer, as defined in R.S. 40:1665.2(B) whose death is the direct and proximate result of a heart attack or a stroke shall be presumed to have died as the direct and proximate result of an injury sustained in the performance of his official duties for the purposes of R.S. 40:1665 and 1665.2 if:

(1) While on duty, the fireman or law enforcement officer engaged in an activity which was stressful or physical including but not limited to fire suppression, rescue, hazardous material response, foot pursuits, use of force encounters, hostage and victim rescues, tactical missions, emergency medical services, disaster relief, or other emergency response activity, or participated in a training exercise that involved stressful or strenuous physical activity.

(2) The fireman or law enforcement officer died as a result of a heart attack or stroke suffered while engaging or participating, or on duty after engaging or participating, in the activities or exercises described in Paragraph (1) of this Subsection or no later than twenty-four hours after engaging or participating in the activities or exercises described in Paragraph (1) of this Subsection.

B. The presumption created by this Section shall be irrebuttable despite medical evidence to the contrary.

C. The surviving spouse and children of a fireman or law enforcement officer whose death meets the requirements under Subsection A of this Section shall be eligible for the payment of benefits enumerated in R.S. 40:1665 for firemen or R.S. 40:1665.2 for law enforcement officers.

D. Payment of benefits pursuant to this Section shall be made according to the provisions of R.S. 40:1665 and 1665.2 and shall be subject to review by the Law Enforcement Officers and Firemen's Survivor Benefit Review Board.

E. Payments pursuant to this Section shall be made by the state risk manager from the Self-Insurance Fund provided for in R.S. 39:1533.

Acts 2014, No. 246, §1; Redesignated from R.S. 33:1981.1. See Acts 2014, No. 158, §§3 and 7; Acts 2021, No. 171, §1.
La. Rev. Stat. § 40:2200.11 — LA Code / Code revised-statutes / Title 40 / Section 2200.11
Surgical smoke plume evacuation policy required
Status: in_force

A. For the purposes of this Section, "surgical smoke plume" means the byproduct of using heat-producing equipment on tissue during surgery.

B. Healthcare facilities licensed pursuant to this Chapter which provide any surgical procedure using heat-producing equipment, including but not limited to electrosurgery and lasers, shall adopt and implement policies for a surgical smoke plume evacuation plan to mitigate and remove the surgical smoke plume.

C. The Louisiana Department of Health shall verify compliance with this Section through onsite surveys that are specific to surgical services, full licensing surveys, full recertification surveys, and complaint surveys if allegations specific to surgical services are alleged.

Acts 2023, No. 35, §1.
La. Rev. Stat. § 40:563 — LA Code / Code revised-statutes / Title 40 / Section 563
Procedures
Status: in_force

A. Each participating housing authority shall establish conditions, safeguards, and procedures for the ongoing disclosure of any information received under the authority of this Subpart. These procedures shall be in writing and shall be available, upon request, to all applicants and participants.

B. Each participating housing authority shall comply with the following measures to protect the confidentiality and unauthorized access or disclosure of wage record and unemployment compensation information:

(1) Wage record and unemployment compensation information shall be used only to the extent necessary to assist in the valid administrative needs of the housing authority performing HUD related activity.

(2) The information shall be stored in a place physically secure from access by unauthorized persons.

(3) Information in electronic format shall be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means.

(4) Only authorized personnel shall be given access to on-line files that may be created by the participating housing authorities.

C. No participating housing authority shall disclose any information provided under this Subpart except as follows:

(1) Any information may be given to the individual who is the subject of the information.

(2) Information about an individual may be given to an individual's attorney or other agent duly authorized by sworn affidavit if the information is needed in connection with a claim for HUD benefits or to respond to the housing authority's administrative findings.

(3) The housing authority may release this information as permitted by state and federal law.

(4) Any information may be given to HUD or another housing authority which administers programs covered under HUD, provided that each such housing authority agrees in writing to protect the confidentiality of such information in a manner consistent with the provisions of this Subsection.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1581 — LA Code / Code revised-statutes / Title 40 / Section 1581
Smoke detectors; carbon monoxide detectors; one- or two-family dwellings
Status: in_force

A. All existing one- or two-family dwellings at the time of sale or lease shall contain, at a minimum, an operable ten-year, sealed lithium battery smoke detector.

B. All existing one- or two-family dwellings at the time of sale or lease shall contain, at a minimum, an operable carbon monoxide detector with a long-life, sealed battery. The carbon monoxide detector may be combined with smoke detection.

C. Professional installers who install generators in one- or two-family dwellings shall include with installation of a home generator, at minimum, an operable carbon monoxide detector with a long-life, sealed battery. The carbon monoxide detector may be combined with smoke detection.

D. Failure to comply with the provisions of this Section shall not be a reason for nonpayment of any insurance claims.

E. Failure to comply with the provisions of this Section shall not cause a delay or a stoppage in the transfer of the property.

F. The real estate agent shall not be liable for the seller's failure to comply with the provisions of this Section.

Acts 1991, No. 701, §1; Acts 2009, No. 163, §1; Acts 2022, No. 458, §1.
La. Rev. Stat. § 40:1304 — LA Code / Code revised-statutes / Title 40 / Section 1304
Functions of department
Status: in_force

The functions of the Department of Public Safety comprise all administrative functions of the state now or hereafter authorized by law to be exercised, except as otherwise expressly provided by this Chapter, in relation to:

(1) The maintenance of peace and order as involved in the services of police patrol and crime prevention and detection;

(2) Highway traffic control and highway safety;

(3) Police and fire training and investigating as conducted by the state but not the municipalities; and

(4) The enforcement of regulatory provisions of law.

Nothing in this Part affects in any manner the rights, powers, and duties of the sheriffs or constables of the various parishes or of the marshals or police of all incorporated municipalities.
La. Rev. Stat. § 40:921 — LA Code / Code revised-statutes / Title 40 / Section 921
Grade A requirements; powdered whole milk and powdered skim milk labeling requirements
Status: in_force

A. All fluid milk, cream, buttermilk, and milk beverages sold, offered for sale, or delivered for the purpose of human consumption as such, shall be Grade A according to specifications in the rules and regulations promulgated by the Louisiana Department of Health, hereinafter referred to as the "department"; provided that a person may sell properly labeled milk of a quality less than Grade A for a period of thirty days under permit from the department, provided it is labeled as to grade.

B. All powdered whole milk (dry whole milk), powdered skim milk (nonfat dry milk) and other powdered milk products (dry milk products) in packages or other containers offered for sale, sold or delivered for the purpose of human consumption shall be labeled as to grade in a manner sufficient to inform the purchaser of the grade of the product, the grade to be determined according to the specifications in the rules and regulations promulgated by the department, provided that nothing in this Section shall apply to nonfat dry milk or dry whole milk received from the United States Department of Agriculture for the purpose of its food distribution programs for schools, institutions and needy persons.

Acts 1954, No. 93, §1. Amended by Acts 1956, No. 415, §1; Acts 1964, No. 80, §1, eff. Jan. 1, 1965; Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1201.1 — LA Code / Code revised-statutes / Title 40 / Section 1201.1
Clinical preceptor nurse aide training program; legislative intent
Status: in_force

The Legislature of Louisiana hereby finds that there is a serious need for adequately trained certified nurse aides and, therefore, it is in the best interest of the state to maximize the opportunities which are available to students who are seeking to become certified nurse aides. The legislature further finds that a clinical preceptor nurse aide training program operated by the Louisiana Community and Technical College System in conjunction with nursing homes located throughout the state not only provides a viable method of training but also provides such training at a considerably lower cost than the traditional method of training.

Acts 2011, No. 50, §2; Redesignated from R.S. 40:1300.21 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1262 — LA Code / Code revised-statutes / Title 40 / Section 1262
Health equity; duties of the Louisiana Department of Health
Status: in_force

A. The Louisiana Department of Health, in addition to the other powers and duties conferred upon it by law, shall serve as a foundation and resource for addressing health care disparities for women and vulnerable populations, and contribute to the improvement of the health of Louisiana's citizens. Specific to the improvement in the health of women in Louisiana, the Louisiana Department of Health shall be responsible for leading, consolidating, and coordinating efforts across the state geared toward improving women's health outcomes through policy, education, evidence-based practices, programs, and services.

B. As part of carrying out the duties provided for in Subsection A of this Section, the Louisiana Department of Health shall engage in all of the following activities:

(1) Complete a thorough assessment of all activities engaged in or services provided by the department that may specifically impact the health or quality of life of women. The department shall submit this assessment to the House Committee on Health and Welfare and Senate Committee on Health and Welfare no later than February 15, 2022.

(2) Make available to health care professionals the best practices and protocols for treating communities with underlying medical conditions and health disparities by doing all of the following:

(a) Examining opportunities which provide greater access to high-quality medical care and improve health outcomes.

(b) Performing a comprehensive evidence-based analysis of the determinants of health equity that influence racial health disparities.

(c) Performing a comprehensive evidence-based analysis of interventions that positively impact health equity and address disparities.

(d) Performing a comprehensive examination of the population dynamics that are indicative of health equity and disparities.

(e) Promoting health awareness educational media campaigns.

C. To assist in carrying out its duties pursuant to this Section, the Louisiana Department of Health may analyze any other relevant data which will add to the work of the department, seek input from any interested parties including but not limited to licensed health care professionals, advocates, and concerned citizens, pursue any relevant topics including policies and laws that impact health disparities, and promote community outreach and extension activities.

Acts 2021, No. 210, §1, eff. June 11, 2021.
La. Rev. Stat. § 40:2110 — LA Code / Code revised-statutes / Title 40 / Section 2110
Denial, suspension or revocation of license; appeal
Status: in_force

A. The secretary may deny, suspend or revoke a license in any case in which he finds that there has been a substantial failure of the applicant or licensee to comply with the requirements of this Part or the rules, regulations and minimum standards adopted by the department, provided in all such cases the secretary shall furnish the applicant or licensee thirty days written notice specifying reasons for the action.

B. Any applicant or licensee who feels aggrieved by the action of the secretary in denying, suspending or revoking a license may appeal suspensively from the action of the secretary in accordance with the delay, notice and other procedures set forth in R.S. 40:2009.7 B, C, and D.

C. Any person aggrieved by an action of the appellate board may, within thirty days after notification of such action, appeal suspensively to the district court for the parish of East Baton Rouge. A record of all proceedings before the board shall be made and kept on file with the board. The board shall transmit to the district court a certified copy of the record. The district court shall try the appeal de novo.

D.(1) Notwithstanding any law to the contrary, the secretary may issue an immediate suspension of a license for a freestanding inpatient psychiatric hospital if an investigation or survey determines that the applicant or licensee is in violation of any provision of this Subpart, in violation of the rules promulgated by the department, or in violation of any other federal or state law or regulation, and the secretary determines that the violation or violations pose an imminent or immediate threat to the health, welfare, or safety of a client or patient. The secretary shall give the licensee five days written notice of the immediate suspension. The suspension of the license shall be effective five days after receipt of the written notice. After the freestanding inpatient psychiatric hospital receives the immediate suspension notice, the department shall assist the hospital with discharge planning, which shall address transition, relocation, and transportation issues, for each patient admitted at the hospital as of the date of receipt of the written notice of the immediate suspension.

(2) The licensee shall have the right to file a devolutive appeal of the immediate suspension notice. The appeal request shall be filed with the office of the secretary within thirty calendar days of the receipt of the written notice of the immediate suspension. The appeal request shall specify in detail the reasons why the appeal is being lodged.

(3) The licensee shall have the right to file for injunctive relief from the immediate suspension of the license. The injunctive relief shall be filed with the Nineteenth Judicial District Court for the parish of East Baton Rouge. Before injunctive relief may be granted, the licensee shall prove by clear and convincing evidence that the secretary's decision to issue the immediate suspension of the license was arbitrary and capricious.

E. If a license for a freestanding inpatient psychiatric hospital is revoked or renewal of a license for a freestanding inpatient psychiatric hospital is denied other than for cessation of business or non-operational status, or if the license is surrendered in lieu of an adverse action, any owner that had direct knowledge of the practices that led to the immediate suspension or any on-site administrator of the licensee may be prohibited from owning, managing, directing, or operating another freestanding inpatient psychiatric hospital in the state of Louisiana.

Added by Acts 1961, No. 90, §1. Amended by Acts 1977, No. 680, §60; Acts 2012, No. 306, §1, eff. May 25, 2012.
La. Rev. Stat. § 40:2826 — LA Code / Code revised-statutes / Title 40 / Section 2826
Loan conditions and repayment
Status: in_force

A. Upon approval of an application by the Louisiana Department of Health, office of public health, the Louisiana Department of Health may lend amounts on deposit in the Drinking Water Revolving Loan Fund to a public water system to finance all or a portion of the cost of an eligible project. Such loans are subject to the borrower's compliance with the conditions of the loan, as well as any applicable rules or regulations promulgated by the Louisiana Department of Health.

B. Prior to making a loan, the Louisiana Department of Health shall determine that the public water system has the ability to repay the unsubsidized portion of the loan, and may require a dedicated source of repayment and impose additional requirements as the department deems necessary.

C.(1) Each loan, unless prepaid, shall be payable subject to the loan agreement, with principal and interest payments commencing not later than one year after the completion date of the project for which the loan was made, and each loan shall be fully amortized not later than twenty years after the completion date.

(2)(a) An exception is made for loans for a disadvantaged community wherein an extended loan term has been granted in the loan agreement.

(b) In such case, principal and interest payments, as applicable, shall commence not later than one year after the completion date of the project for which the loan was made, and all of the following are true:

(i) The extended loan term terminates not later than the date that is thirty years after the completion date of the project.

(ii) The extended loan term does not exceed the expected design life of the project.

D.(1) Subject to the limitations of the federal act, the interest rate on each loan shall be established by the secretary of the Louisiana Department of Health in consultation with the assistant secretary for the office of public health, Louisiana Department of Health. Criteria to be considered in the development of such interest rate shall include but is not limited to program priorities established within the Intended Use Plan, the tax status of the applicant, the creditworthiness of the applicant, the cost of bonds issued to provide loan funding, and the long-term viability of the Drinking Water Revolving Loan Fund.

(2) The interest rate for a loan may include any additional rate that the Louisiana Department of Health considers reasonable or necessary to provide a reserve for the repayment of the loan. The additional rate may be fixed or variable, may be calculated according to a formula, and may differ from the rate established for any other loans.

E. Each loan shall be evidenced by a bond, note, or other evidence of indebtedness of the borrower, in a form prescribed or approved by the Louisiana Department of Health. Such evidences of indebtedness shall be consistent with the provisions of this Chapter and the federal act, and are not required to be identical for all loans.

F. As a condition to making a loan, the Louisiana Department of Health, office of public health, may impose a reasonable administrative fee, subject to the provisions of Article VII, Section 2.1 of the Constitution of Louisiana, which fee may be paid from the proceeds of the loan or other funds available to the owner of the public water system. The proceeds from such administration fee shall be deposited into a special interest bearing account and shall be specifically reserved for the payment of long-term administrative costs associated with the Drinking Water Revolving Loan Fund Program.

Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2003, No. 67, §3, eff. May 28, 2003.
La. Rev. Stat. § 40:580.5 — LA Code / Code revised-statutes / Title 40 / Section 580.5
Injunction against public officer
Status: in_force

A. Any persons affected by an order issued by the public officer may apply to the district court for an injunction restraining the public officer from carrying out the provisions of the order. The court may, upon such application, issue an order restraining the public officer pending final disposition of the cause. Hearings shall be had by the court on the application within twenty days of its filing, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar.

B. In all such proceedings the findings of the public officer as to facts, if supported by evidence, are conclusive. Costs shall be in the discretion of the court.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2115.11 — LA Code / Code revised-statutes / Title 40 / Section 2115.11
Requirement for approval of hospital acquisitions
Status: in_force

The health of the people of our state is a most important public concern. The state has an interest in assuring the continued existence of accessible, affordable health care facilities that are responsive to the needs of the communities in which they exist. The state also has a responsibility to protect the public interest in nonprofit hospitals by making certain that the charitable assets of those hospitals are managed prudently. Therefore, no not-for-profit hospital shall be acquired by any person unless and until the acquisition is reviewed and approved by the attorney general.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:1426 — LA Code / Code revised-statutes / Title 40 / Section 1426
Reward fund
Status: in_force

The Department of Public Safety and Corrections, office of state police, in cooperation with and with voluntarily funding by authorized insurers and insurance professionals, may establish and operate a fund to offer monetary rewards for information sufficient to procure conviction in a court of appropriate jurisdiction of a person or persons responsible for insurance fraud. No law enforcement officer, employee of the office of commissioner of insurance, employee of an insurance company, or any insurance professional shall be eligible to receive such reward.

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000.
La. Rev. Stat. § 40:1379.1.3 — LA Code / Code revised-statutes / Title 40 / Section 1379.1.3
Carrying of concealed firearms by qualified law enforcement officers
Status: in_force

A. Notwithstanding any other provision of state law or any ordinance of any political subdivision and subject to the rules and regulations or policies of the agency or office employing the individual, an individual who is a qualified law enforcement officer and who is carrying the identification required by his office as a law enforcement officer, may carry a concealed firearm anywhere in the state, including any place open to the public, whether the officer is on duty or not, and regardless of whether the officer is engaged in the actual discharge of his duties.

B. As used in this Section, the term "qualified law enforcement officer" means a law enforcement officer who meets all of the following requirements:

(1) Is an active, full-time employee of a state or municipal law enforcement agency or sheriff's office and is certified in the use of firearms by the Peace Officer Standards and Training Council.

(2) Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension.

(3) Is authorized by the employing agency to carry a firearm in accordance with the agency's rules and regulations.

(4) Is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers.

(5) Meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm.

(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.

(7) Is not prohibited by federal law from receiving a firearm.

C. The identification required by this Section is the photographic identification credential issued by the law enforcement agency for which the individual is employed that identifies the employee as a law enforcement officer of the agency.

D. No business organization shall deny entry or otherwise prohibit a qualified law enforcement officer who is lawfully carrying a concealed firearm from entering a venue.

E. As used in this Section:

(1) "Business organization" means a sole proprietorship, partnership, corporation, limited liability company, or other business association recognized by the Internal Revenue Service.

(2) "Venue" means a physical location open to the public that is operated, managed, owned by, or otherwise under the control or authority of a business organization.

F. A business organization operating a venue shall be subject to a civil fine of one thousand dollars per occurrence to be paid to the Department of Justice for each violation of the provisions of Subsection D of this Section. Each violation of Subsection D of this Section shall constitute a separate offense. The attorney general shall have the authority to bring a civil action arising out of any violation of the provisions of Subsection D of this Section, in addition to any other authority granted by the Constitution of Louisiana and laws of this state.

G. The court shall assess all court costs, including attorney fees, incurred in the institution of the action authorized by Subsection F of this Section against the subject of the action for any violation of the provisions of Subsection D of this Section.

Acts 2014, No. 603, §1; Acts 2024, No. 38, §2.
La. Rev. Stat. § 40:1853.1 — LA Code / Code revised-statutes / Title 40 / Section 1853.1
Access to automatic fuel dispensing device; safety requirement
Status: in_force

A. The use of self-service, coin-operated, credit card, or any other pump-activating automatic fuel dispensing device at any retail station may be accessed by the general public.

B. A dealer shall post at each dispenser step-by-step operating instructions readily visible to the operator during transfer operations.

C. The Liquified Petroleum Gas Commission shall promulgate and adopt rules and regulations, in accordance with the Administrative Procedure Act, providing education and instruction on the safe operation and use of automatic fuel dispensing devices.

Acts 2012, No. 433, §1.
La. Rev. Stat. § 40:537 — LA Code / Code revised-statutes / Title 40 / Section 537
Removal of commissioners
Status: in_force

A.(1) A commissioner of a local housing authority may be removed for neglect of duty, misconduct in office, or conviction of any felony.

(2) A commissioner of a local housing authority in any municipality or parish may be removed on any such grounds by the chief elected official of the municipality or parish appointing the commissioner, or if no chief elected official exists, then by the governing body thereof.

(3) A commissioner of a local housing authority in the parish of St. John the Baptist may be removed on any such grounds by the governing body of the parish appointing the commissioner.

(4) A commissioner of a regional or consolidated housing authority may be removed on any such grounds by the governing body of the municipality or parish that originally appointed the commissioner.

(5) Notwithstanding any other provision of law to the contrary, a commissioner of a local housing authority in any parish with a population of not more than forty-six thousand five hundred persons and not less than forty-five thousand five hundred persons based on the latest federal decennial census may be removed on any such grounds by the chief elected official appointing the commissioner.

(6) Notwithstanding any other provision of law to the contrary, the landlord commissioner appointed pursuant to R.S. 40:531(B) may be removed by the appointing authority for neglect of duty or misconduct in office. A landlord commissioner convicted of a felony while serving as a commissioner shall be disqualified and removed from office by the appointing authority.

B.(1) The chief elected official or the governing body of the municipality or parish, as the case may be, which seeks to remove a commissioner shall send a notice of removal to such commissioner, which notice shall set forth the charges against the commissioner. Unless, within ten days from the receipt of such notice, such commissioner files with the clerk or secretary of the municipality's or parish's governing body a request for a hearing before the governing body, the commissioner shall be deemed removed from office. If a request for hearing is so filed, the governing body of the municipality or parish, as the case may be, shall hold a hearing, not sooner than ten days subsequent to the date a hearing is requested, at which the commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be upheld. If the removal is not upheld by the governing body, the commissioner shall continue to hold office.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the appointing authority seeking to remove a commissioner pursuant to Paragraph (A)(6) of this Section shall send a notice of removal to such commissioner, which notice shall set forth the charges against the commissioner. Unless such commissioner files with the appointing authority a request for a hearing before the appointing authority within ten days after receipt of such notice, the commissioner is deemed removed from office. If a request for hearing is so filed, the appointing authority shall hold a hearing no earlier than ten days after the filing of the request for a hearing at which hearing the commissioner has the right to appear in person or by counsel and the appointing authority shall determine whether the removal is to be upheld. If the removal is not upheld by the appointing authority, the commissioner shall continue to hold office.

Acts 1997, No. 1188, §1; Acts 2003, No. 923, §1; Acts 2011, 1 st Ex. Sess., No. 12, §1, eff. June 12, 2011; Acts 2013, No. 333, §1, eff. June 17, 2013; Acts 2014, No. 791, §14; Acts 2015, No. 419, §1.
La. Rev. Stat. § 40:68 — LA Code / Code revised-statutes / Title 40 / Section 68
Petition
Status: in_force

The suit shall be filed contradictorily against the state registrar either in the parish of residence or the parish of birth. Persons born in Louisiana and residing outside the state must file suit in the parish of birth. The petition shall be accompanied by a letter from the vital records registry bearing the raised imprint of the seal of the state and the letter shall be made a part of the suit and shall state to the effect that the petitioner has no record on file.

Acts 1979, No. 776, §1. Acts 1986, No. 876, §1.
La. Rev. Stat. § 40:2206 — LA Code / Code revised-statutes / Title 40 / Section 2206
Obstetrician or gynecological examination; coverage
Status: in_force

A.(1) Every preferred provider organization authorized under this Part shall not prevent any individual who is a recipient of health care or a beneficiary of any such preferred provider organization from selecting an empaneled obstetrician or gynecologist as a provider for routine gynecological care. This selection shall be permitted without penalty or denial of the benefits provided under the preferred provider organization.

(2) Routine gynecological care as used in this Section shall mean a minimum of two routine annual visits, provided that the second visit shall be permitted based upon medical need only, and follow-up treatment within sixty days following either visit if related to a condition diagnosed or treated during the visits, and any care related to a pregnancy. Nothing in this Section shall prevent a policy, program, or plan from requiring that an obstetrician-gynecologist treating a covered patient coordinate that care with the patient's primary care physician, if applicable.

B. Any provision in a preferred provider contract which is delivered, renewed, issued for delivery, or otherwise contracted for in this state which is contrary to this Section shall, to the extent of such conflict, be void.

Acts 1995, No. 637, §2.

NOTE: See Acts 1995, No. 637, §§3, 4.
La. Rev. Stat. § 40:1379.1 — LA Code / Code revised-statutes / Title 40 / Section 1379.1
Special officers; powers and duties; concealed handgun permit
Status: in_force

A. The superintendent of state police shall be authorized to issue at his discretion a special officer's commission from the division of state police. Any person who receives a special officer's commission must display need for statewide police power and power to arrest, be bonded, and adhere to all restrictive stipulations as set forth in the special officer's commission.

B. The special officer, when performing those tasks requiring a special officer's commission, shall have the same powers and duties as a peace officer; provided, however, that when not performing these tasks directly related to the special officer's commission, he shall be regarded as a private citizen and his commission shall not be in effect.

C. The superintendent of state police shall determine who is entitled to receive a special officer's commission and may promulgate and adopt regulations providing with respect to the issuance and use of said permits.

D. The superintendent of state police shall have the authority to revoke any special officer's commission for cause, and is further empowered to require those holding special officer's commissions to furnish proof of their being bonded and such other information as may be deemed necessary for determining suitability for holding a special officer's commission.

E. All special officer or agent commissions previously issued by the department of public safety are rescinded upon the effective date of this Section.

F. During a declared state of emergency or disaster by the governor, the deputy secretary of the Department of Public Safety and Corrections, public safety services, office of state police may issue a special officer's commission to a commissioned law enforcement officer who responds to a request for assistance pursuant to the Emergency Management Assistance Compact, as found in R.S. 29:733 and is determined by the deputy secretary to need statewide police power and power to arrest. Any person who receives a special officer's commission under this Subsection shall not be required to be bonded and shall adhere to all restrictive stipulations as set forth in the special officer's commission and regulations promulgated and adopted pursuant to Subsection C of this Section. Such person shall have the powers and duties of a peace officer, provided, that when he is not performing tasks directly related to the special officer's commission, he shall be regarded as a private citizen and his commission shall not be in effect.

G. Repealed by Acts 2013, No. 402, §3.

H. The deputy secretary of the Department of Public Safety and Corrections shall have the authority to grant to an individual a concealed handgun permit from the office of state police. Before the individual applies to the deputy secretary for a permit, he must have been granted a concealed handgun permit by the chief law enforcement officer of the parish in which he is officially domiciled. Any individual who receives a concealed handgun permit from the office of state police must be bonded in the amount of five thousand dollars and must adhere to all restrictive stipulations as provided in the concealed handgun permit. Further, the deputy secretary shall have the authority to promulgate and adopt regulations providing with respect to the issuance and use of said permit.

I. The superintendent of state police or the chief law enforcement officer of a parish shall have the authority to revoke any concealed handgun permit, and is further empowered to require those holding handgun permits to furnish proof of their being bonded, and such other information as may be deemed necessary for determining suitability for holding a concealed handgun permit.

J. Special officer commissions shall be valid only for a period of one year from the date of their issuance. However, special officer commissions issued to employees of the department shall be valid until revoked by the superintendent. Special officer commissions issued to judges shall be valid for the length of their term of office.

K. For the purposes of this Section, "handgun" is defined as meaning any pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or is capable of firing fixed cartridge ammunition.

L. No provision of this Section or of any regulation of the superintendent of state police shall be construed to require persons holding bona fide law enforcement officer commissions to possess a handgun permit.

M. Anyone in possession of a concealed handgun permit issued by the superintendent who uses a handgun in a task not directly related to the stipulations set forth in the permit shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

N.(1) Notwithstanding the provisions of Subsections A, B, C, and D of this Section, the deputy secretary of public safety services shall issue a special officer's commission to the sergeant at arms or assistant sergeants at arms of the Senate or the House of Representatives or a capitol security officer when directed to do so by the president of the Senate or the speaker of the House of Representatives. The deputy secretary shall not determine eligibility for a special officer's commission under this Subsection, which determination shall be made solely by the president of the Senate or the speaker of the House of Representatives.

(2) Commissions under this Subsection shall not exceed the term of the president of the Senate or the speaker of the House of Representatives, according to the length of the remaining term of the respective party.

Added by Acts 1975, No. 412, §1. Amended by Acts 1982, No. 663, §1; Acts 1991, No. 562, §1; Acts 1992, No. 892, §1, eff. July 8, 1992; Acts 1993, No. 942, §1; Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996; Acts 1999, No. 1367, §1; Acts 2006, No. 317, §1, eff. June 13, 2006; Acts 2013, No. 402, §3; Acts 2017, No. 246, §2, eff. June 14, 2017; Acts 2022, No. 507, §2, eff. June 16, 2022.
La. Rev. Stat. § 40:1665 — LA Code / Code revised-statutes / Title 40 / Section 1665
Financial security for surviving spouses and children of firemen in certain cases
Status: in_force

A. It is hereby declared to be the public policy of this state, under its police power, to provide for the financial security of surviving spouses and dependent children of firemen when firemen suffer death as a result of any injury arising out of and in the course of the performance of their official duties as firemen, or arising out of any activity while on or off duty in the protection of life or property or as provided in Paragraph (C)(3) of this Section.

B. Firemen, within the meaning of this Section, shall include all paid, regularly employed firemen and all volunteer firemen of any municipality, parish, federally or state- recognized Indian tribe or tribal unit, or fire protection district maintaining a fire department, or of any volunteer fire department. Firemen shall also include any firefighter who is a Louisiana resident and is employed by or under the control of one of the following federal agencies if the injury resulting in death occurred in Louisiana: the Department of Defense, the Department of Veterans Affairs, the Department of Agriculture, the Department of the Interior, or the Federal Emergency Management Administration.

C.(1) In any case in which a fireman suffers death as a result of an injury arising out of and in the course of the performance of his official duties as a fireman, or arising out of any activity while on or off duty, in his capacity as a fireman, in the protection of life and property, the sum of two hundred fifty thousand dollars shall be paid to the surviving spouse of the fireman or, if not survived by a spouse, the sum of two hundred fifty thousand dollars shall be paid to the surviving child or children or, if not survived by a spouse nor a child or children, then the sum of two hundred fifty thousand dollars shall be paid to the named beneficiary listed on the fireman's designation form or, if there is no beneficiary designation form at the time of the fireman's death, and no surviving spouse nor a child or children, then the sum of two hundred fifty thousand dollars shall be paid to the fireman's estate. Each fireman shall complete a beneficiary designation form. In addition, if the fireman is survived by a dependent child or children, the sum of fifty thousand dollars shall be paid for each of the dependent children, such sums to be paid to the duly appointed and qualified tutor or the legal representative of the child or children. Payment shall be made by the state risk manager out of the Self-Insurance Fund created in R.S. 39:1533(A).

(2) In order to facilitate the operation of this Section, within one year after the employing authority has knowledge of the death of a fireman under circumstances covered by this Section or under circumstances believed by him or by the surviving spouse, parent or parents, or the legal representative of an eligible surviving child or children to be covered by the provisions of this Section, he shall notify the Law Enforcement Officers and Firemen's Survivor Benefit Review Board of the death, the date thereof, and the circumstances surrounding the death, and shall furnish such other information as may be requested by the Law Enforcement Officers and Firemen's Survivor Benefit Review Board.

(3) If a fireman is engaged in extinguishing a fire, or protecting and saving life or property due to a fire or other emergency, and such activities would be considered to be within the course and scope of his employment, except for the fact that the fireman was off duty or that the location of the fire was outside of the jurisdiction within which the fireman was employed or his area of responsibility, such activities are considered to be within the scope of the performance of his official duties for purposes of Paragraph (1) of this Subsection. This Paragraph shall not apply if the fireman is performing activities for which he is paid by another employer or contractor.

(4) If, at the time of his death, the fireman is not married to the other natural parent of any minor child or children who are entitled to receive a payment pursuant to this Section, the payment shall be made to any person designated as a trustee by the fireman on a form provided by his employer.

D-F. Repealed by Acts 1989, No. 308, §3.

Added by Acts 1968, No. 387, §1. Amended by Acts 1970, No. 479, §1; Acts 1975, 1st Ex.Sess., No. 27, §1, eff. Feb. 20, 1975; Acts 1980, No. 638, §1; Acts 1982, No. 595, §1, eff. July 22, 1982; Acts 1989, No. 308, §§1, 3; Acts 1992, No. 505, §1, eff. June 22, 1992; Acts 1999, No. 623, §1, eff. June 30, 1999.; Acts 2004, No. 272, §1; Acts 2005, No. 321, §1; Acts 2005, No. 407, §1; Acts 2006, No. 480, §1; Acts 2008, No. 475, §1, eff. June 25, 2008; Acts 2013, No. 238, §1; Redesignated from R.S. 33:1981. See Acts 2014, No. 158, §§3 and 7; Acts 2024, No. 283, §1; Acts 2024, No. 559, §2.

NOTE: See Acts 2006, No. 480, §2, relative to retroactive and prospective application.
La. Rev. Stat. § 40:1484.7 — LA Code / Code revised-statutes / Title 40 / Section 1484.7
Operation of inflatable amusement devices; notice; changes in schedule; fines
Status: in_force

A. At least five days prior to commencing operation of any inflatable amusement device, except for the purpose of testing, training, and inspection, the operator shall give written or electronic notification to the office of state fire marshal of his intent to commence operation of the inflatable amusement device.

B.(1) Any operator who gives written or electronic notification to the office of state fire marshal of his intent to commence operation of the inflatable amusement device fewer than five days prior to commencing operation shall be fined as follows:

(a) Twenty-five dollars per ride or attraction for the first offense.

(b) Fifty dollars per ride or attraction for the second offense.

(c) One hundred fifty dollars per ride or attraction for the third offense.

(d) Two hundred dollars per ride or attraction for each additional offense thereafter.

(2) In determining the number of offenses that have occurred, only offenses occurring over the three-year period preceding the offense at issue shall be considered.

C. If, after the notification, the operator changes his schedule of locations or dates, he shall immediately notify the office of state fire marshal of the change. An operator shall pay a fine of two hundred dollars for any change in schedule of location or date that occurs less than five days prior to the commencement of operation of the inflatable amusement device.

D. Prior to operating any new inflatable amusement device, the operator shall notify the office of state fire marshal of his intent to commence operations, but shall not operate the inflatable amusement device until the owner has registered the inflatable amusement device as required in this Part.

E.(1) The fire marshal or his designee may inspect all inflatable amusement devices operating in this state during the duration of the event at which the inflatable amusement device is being operated.

(2) During an office of state fire marshal inspection or audit, the operator shall submit to the state fire marshal or his designee the set-up inspection report and any other documentation relating to the set-up inspection or an annual inspection.

(3) In the case of inflatable amusement devices operating at a fixed operation location, the fire marshal or his designee shall inspect the inflatable amusement devices no more than once annually, except in furtherance of an investigation arising from a reported ride accident or pursuant to a complaint. The inspection is to ensure compliance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.

(4) The state fire marshal or his designee has free access to any premises in the state where an inflatable amusement device is being installed, built, repaired, or operated for the purpose of ascertaining whether such inflatable amusement device is being installed, built, repaired, or operated in accordance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.

F. The provisions of this Part apply only to inflatable amusement devices which are all of the following:

(1) Open to public.

(2) Located on grounds other than those of a one- or two-family dwelling.

(3) Co-located with other inflatable amusement devices, attractions, or rides governed by this Part.

G. The state fire marshal or his designee has the authority to publish a listing of all noncompliant operators and make such list available to the public upon written demand.

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:541 — LA Code / Code revised-statutes / Title 40 / Section 541
Dissolution of local housing authorities
Status: in_force

Any local housing authority may, by written resolution, elect to dissolve, provided that no such dissolution or any transfer of property pursuant to dissolution shall occur unless all of the following conditions are met:

(1) The governing body of the municipality or parish which established the local housing authority so dissolving shall have consented thereto.

(2) The dissolving authority shall have designated another local housing authority or another municipality, parish, or public agency of this state, which may be the municipality or parish for which the authority was formed, as the transferee of its assets and liabilities in dissolution.

(3) The local housing authority, municipality, parish, or other public agency receiving such property or assets and the political subdivision which established its consent thereto by resolution.

(4) All obligees of bonds or other evidences of indebtedness of such transferring or dissolving authority, or the trustees for such obligees, or the federal government if the bonds or other obligations are secured by any contract right pursuant to a contract between the transferring authority and the federal government, shall have consented thereto in writing, or adequate provision shall have been made for the payment of such bonds or other obligations, by escrow or otherwise, the performance without breach or default of an obligation secured only by one or more developments or the income thereof shall be deemed to be "adequate provision". Further, no such transfer shall in any way diminish or impair the obligations of any transferring authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:924 — LA Code / Code revised-statutes / Title 40 / Section 924
Revocation or cancellation of permit or license
Status: in_force

The department shall have the power and authority to revoke or cancel the permit, or license, of any person, firm, or corporation doing business in the state who violates any of the provisions of this Subpart.

Acts 1954, No. 93, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1472.4 — LA Code / Code revised-statutes / Title 40 / Section 1472.4
Possession without license prohibited; exceptions
Status: in_force

A. No person shall possess an explosive unless he is the holder of a valid license required by the provisions of this Part, and possesses such explosives for the purpose set forth by the license.

B. There are hereby made the following exceptions:

(1) Contract and private carriers operating in interstate and intrastate commerce.

(2) Cultural and historical reenactors who are members of a bona fide artillery unit and who have completed the Louisiana State Parks Black Powder Certification and possess commercially manufactured black powder in quantities of twenty-five pounds or less.

C. Whoever is charged and convicted of violating Subsection A of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.

Acts 1995, No. 1139, §1; Acts 2003, No. 161, §1; Acts 2009, No. 391, §1.
La. Rev. Stat. § 40:2010.10 — LA Code / Code revised-statutes / Title 40 / Section 2010.10
Provision of annual licensing survey results to all residents and potential residents of nursing homes
Status: in_force

A. All nursing homes shall during the admission process provide notification to the applicant that the applicant may receive a copy of the annual licensing survey as well as the telephone number to report complaints, and the applicant shall sign stating they have been so notified.

B. The failure of a nursing home to comply with the provisions of this Section shall constitute a violation of resident's rights as provided in R.S. 40:2010.8, et seq., and shall constitute grounds for appropriate action by the Louisiana Department of Health.

Acts 2004, No. 295, §1.
La. Rev. Stat. § 40:73 — LA Code / Code revised-statutes / Title 40 / Section 73
Certified copy of the new record; sealing and confidentiality of the original birth record; issuance of original birth certificate
Status: in_force

A. Upon completion of the new record provided for in R.S. 40:72, the state registrar shall issue to the adopted person or to the adoptive parents a certified copy of the new record and shall place the original birth certificate, the contact preference form submitted pursuant to Subsection F of this Section, and the copy of the judgment or the copy of the act of adoption in a sealed package and shall file the package in the archives of the vital records registry.

B. This sealed package shall be opened only upon the demand of the adopted person, or if deceased, by his or her descendants, or upon the demand of the adoptive parent, or the state registrar, or the recognized public or private social agency which was a party to the adoption, and then only as provided in Subsections E and F of this Section or by order of a Louisiana court of competent jurisdiction at the domicile of the vital records registry, which order shall issue only after a showing of compelling reasons. Information shall be revealed only to the extent necessary to satisfy such compelling necessity.

C. In satisfying the requirement that information shall be revealed only to the extent necessary to satisfy the compelling necessity shown, the court is further authorized to use the services of the curator ad hoc appointment pursuant to Code of Civil Procedure Article 5091.2.

D. Except as provided in Subsection E of this Section, all motions for records under this Section shall be in accordance with and subject to the provisions of Children's Code Articles 1188 through 1192 and, if an adoption agency is involved, the agency shall be served with a copy of the motion as provided in Code of Civil Procedure Article 1313.

E.(1) Notwithstanding any provision of the law to the contrary, an adopted person who is twenty-four years of age or older may request an uncertified copy of his birth certificate from the state registrar. Upon such a request, the registrar shall open the sealed package and issue an uncertified copy of the original birth certificate to the adopted person.

(2) The uncertified copy of the original birth certificate shall be issued to the adopted person in accordance with the regulations duly promulgated in accordance with the Administrative Procedure Act for a certified copy of a vital record in the custody of the vital records registry.

F.(1) A birth parent may at any time request from the state registrar a contact preference form that shall accompany the adopted person's original birth certificate.

(2) The contact preference form shall provide the following information to be completed at the option of the birth parent who shall indicate his intentions as follows:

(a) I would like to be contacted.

(b) I would prefer to be contacted only through an intermediary.

(c) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the state registrar.

(3) The contact preference form is a confidential communication from the birth parent to the person named on the sealed birth certificate and shall be placed in the sealed packet containing the original birth certificate. The contact preference form shall be released to an adopted person when he requests his original birth certificate pursuant to Subsection E of this Section.

Acts 1992, No. 705, §2, eff. July 6, 1992; Acts 1993, No. 634, §4, eff. June 15, 1993; Acts 2022, No. 470, §2.
La. Rev. Stat. § 40:580.6 — LA Code / Code revised-statutes / Title 40 / Section 580.6
Damages recoverable
Status: in_force

The persons affected by a wrongful order of the public officer may recover any damages due them from action taken under the order or because of noncompliance therewith.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1189.5 — LA Code / Code revised-statutes / Title 40 / Section 1189.5
Managed care organizations
Status: in_force

Managed care organizations, including but not limited to health maintenance organizations, other entities authorized by law to bear risk for the payment of health care services, and preferred provider organizations, which offer health services in the state through health service plans offered to Louisiana residents directly or indirectly, except with respect to a qualified benefit plan governed by ERISA, shall, in parishes in which enrollees or beneficiaries of the organization reside or in parishes which the organization services, offer rural hospitals and hospitals located in parishes with a population of sixty-five thousand or less, and physicians practicing at such hospitals, participation as providers in the managed care organizations on terms and conditions that are no more restrictive than applicable to other hospitals and physicians practicing at such hospitals. To qualify for participation in health services plans offered by managed care organizations, such hospitals may obtain either Medicare certification from the United States Department of Health and Human Services or accreditation by the Joint Commission on Accreditation of Healthcare Organizations. The provisions of this Section shall not apply to any plan offered through the Office of Group Benefits.

Acts 1997, No. 1485, §1; Acts 2001, No. 1178, §4, eff. June 29, 2001; Redesignated from R.S. 40:1300.145 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:466 — LA Code / Code revised-statutes / Title 40 / Section 466
Mixed-income development
Status: in_force

A. With respect to any mixed-income housing development that is solely financed or owned by a local housing authority, not more than eighty percent of the dwelling units in such development may be occupied by persons who are not persons of eligible income.

B. With respect to any mixed-income housing development that is not solely owned or financed by a local housing authority, the proportion of the development that is intended to be affordable to persons of eligible income shall be equal to or greater than the proportion of financial resources for the development which are provided by the local housing authority, such proportion to be determined in accordance with such reasonable method as shall be adopted by the authority. Such proportion may be based upon a proportion of dwelling units, bedrooms, square footage, or any other criteria deemed reasonable and appropriate by the local housing authority. The determination of such proportion shall take into account any special benefits accruing to an authority by virtue of its status as such, including, among other things:

(1) The capital value of all subsidies and other assistance provided by the authority or by other public sources on behalf of the authority.

(2) Tax exemptions available because of the authority's participation.

(3) Interest savings attributable to tax exempt financing or to below market interest rates that are available because of the participation of the local housing authority or the presence in the development of dwelling units to be occupied by persons of eligible income.

C. A local housing authority may determine the period during which any unit shall be designated for occupancy only by persons of eligible income.

D. Dwelling units in a mixed-income development that are designated for occupancy by persons of eligible income need not be particular units that are permanently so designated, and the physical location of the units so designated may change from time to time.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1271.1 — LA Code / Code revised-statutes / Title 40 / Section 1271.1
Infectious diseases; notification
Status: in_force

A.(1) If, while treating or transporting an ill or injured patient to a hospital, an emergency medical technician, paramedic, firefighter, police officer, or other person who is employed by or voluntarily working with a firm, agency, or organization which provides emergency treatment or transportation comes into direct contact with a patient who is subsequently diagnosed as having untreated pulmonary tuberculosis or acute meningococcal meningitis, or comes in contact with the blood or body fluid of a person who is subsequently diagnosed as having acute hepatitis virus B infection, or is a chronic hepatitis B carrier, or is infected with human immunodeficiency virus, the hospital receiving the patient shall notify the appropriate firm, agency, or organization which shall notify its emergency medical technician, paramedic, firefighter, police officer, emergency medical transportation service employer, or other person treating or transporting the patient of the individual's exposure to the infectious disease within forty-eight hours of confirmation of the patient's diagnosis and shall advise same of the appropriate treatment, if any. Notification shall be made in a manner that protects the confidentiality of the patient and the emergency medical technician, paramedic, police officer, or other person treating or transporting the patient.

(2) Prior to October 30, 1988, the Louisiana Department of Health shall, in accordance with the Administrative Procedure Act, promulgate rules and regulations for the notification procedures required under the provisions of this Subsection.

B.(1) Whenever a patient is admitted to a hospital or nursing home by a physician, and that physician has actual knowledge that the patient is infected with one or more of the conditions described in Subsection A of this Section, and is aware of the transfer, the physician shall notify the hospital or nursing home of the patient's condition.

(2) Whenever a patient is transferred from a nursing home to a hospital, or from a hospital to a nursing home, and the transferor's records reflect that patient is infected with one or more of the conditions described in Subsection A of this Section, the transferor shall notify the transferee of the patient's condition.

(3) Whenever a patient is admitted to or treated at a hospital or nursing home and the hospital or nursing home has actual knowledge that the patient is infected with one or more of the conditions described in Subsection A of this Section, the hospital or nursing home shall notify all healthcare providers involved in the treatment of that patient.

C. For purposes of this Subpart, "hospital" means any institution, place, building, or agency, public or private, whether operated for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care of persons admitted for overnight stay or longer who are suffering from illness, injury, infirmity, deformity, or other physical conditions for which obstetrical, medical, or surgical services would be available and appropriate. The term "hospital" specifically includes any emergency room or outpatient clinic operated in connection with a hospital as herein defined, whether or not the patient is admitted for overnight stay.

Acts 1987, No. 805, §1, eff. July 20, 1987; Acts 1988, No. 104, §1, eff. June 29, 1988; Acts 1991, No. 968, §1, eff. July 24, 1991; Acts 1993, No. 898, §1; Redesignated from R.S. 40:1099 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1121.4 — LA Code / Code revised-statutes / Title 40 / Section 1121.4
Examination of persons suspected of being infected
Status: in_force

The Louisiana Department of Health, hereinafter referred to as the "department," through an authorized medical representative appointed for that purpose, may give a physical examination to any person suspected of being infected with a venereal disease. The examination shall be given under conditions thought reasonable by the department. No person shall fail or refuse to submit to this examination.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1063 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1300.76 — LA Code / Code revised-statutes / Title 40 / Section 1300.76
Prohibition of actions taken against licensure of healthcare providers
Status: in_force

A. A licensing board or disciplinary subcommittee shall not revoke, fail to renew, suspend, or take any action against a healthcare provider's license issued in accordance with Chapter 15 of Title 37 of the Louisiana Revised Statutes of 1950 based solely on the healthcare provider's recommendations to an eligible patient regarding access to or treatment with an individualized investigational drug, biological product, or device.

B. An entity responsible for Medicare certification shall not take action against a healthcare provider's Medicare certification based solely on the healthcare provider's recommendation that a patient has access to an individualized investigational drug, biological product, or device.

Acts 2024, No. 750, §1.
La. Rev. Stat. § 40:511 — LA Code / Code revised-statutes / Title 40 / Section 511
Law cumulative
Status: in_force

Notwithstanding any other provision of this Chapter to the contrary, R.S. 40:508 through 510 shall be cumulative of any other laws of this state relating to civil or criminal trespass, unauthorized entry upon property, or the exclusion or ejection of unauthorized persons from public or private property, all of which laws shall, in addition to R.S. 40:508 through 510, remain applicable to local housing authorities and their developments and property. A local housing authority may elect to exercise its rights under this Section without waiver of its rights or remedies under any other applicable provision of law, and vice versa.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:22 — LA Code / Code revised-statutes / Title 40 / Section 22
Removal of parish or district health officer; Orleans Parish health director
Status: in_force

A parish or district health officer who is not in the classified service of the state may be removed from office, after thirty days written notice by either the state health officer or the governing body of the parish, with the consent of the secretary of the Louisiana Department of Health, except in Orleans Parish. In Orleans Parish, the parish health director shall be subject to removal by the mayor of the city of New Orleans, at least thirty days after written notice thereof has been given to the health director.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1992, No. 378, §1.
La. Rev. Stat. § 40:1159.2 — LA Code / Code revised-statutes / Title 40 / Section 1159.2
Subpart not applicable to abortion and sterilization
Status: in_force

The provisions of this Subpart shall not apply in any manner whatsoever to the subjects of abortion and sterilization, which subjects shall continue to be governed by existing law independently of the terms and provisions of this Subpart.

Added by Acts 1975, No. 798, §1; Redesignated from R.S. 40:1299.51 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2002.1 — LA Code / Code revised-statutes / Title 40 / Section 2002.1
Lallie Kemp Regional Medical Center
Status: in_force

The state operated general hospital located in Independence, Louisiana, heretofore known as Lallie Kemp Charity Hospital, is hereby designated and shall hereafter be known as Lallie Kemp Regional Medical Center.

Acts 1987, No. 43, §2.
La. Rev. Stat. § 40:1379.7 — LA Code / Code revised-statutes / Title 40 / Section 1379.7
Public Safety DWI Testing, Maintenance, and Training Dedicated Fund Account; uses
Status: in_force

A. When the office of state police has performed or participated in a blood, breath, or urine analysis for which special costs are assessed in accordance with Code of Criminal Procedure Article 887(C) such costs shall be forwarded, on or before the twenty-fifth day of each month following their collection, to the state treasurer for immediate deposit in the state treasury.

B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, the treasurer shall credit an amount equal to the total amount of such costs received to a special statutorily dedicated fund account which is hereby created in the state treasury and designated as the Public Safety DWI Testing, Maintenance, and Training Dedicated Fund Account. The monies in the account shall be used solely to fund activities of the office of state police in executing its responsibilities in the purchase and maintenance of equipment and supplies for use in breath, blood, or urine analysis as related to violations of R.S. 14:98 or 98.1; training in the maintenance and usage of testing equipment; other such related expenses as may be necessary in the efficient and effective administration of those duties; and for special law enforcement initiatives. The monies in the account shall be used only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in the 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 monies in the account invested by the treasurer shall be credited to the 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.

Acts 1987, No. 331, §2; Acts 1990, No. 320, §2; Acts 1997, No. 1296, §4, eff. July 15, 1997; Acts 2014, No. 524, §4, Acts 2021, No. 114, §10, eff. July 1, 2022.
La. Rev. Stat. § 40:719 — LA Code / Code revised-statutes / Title 40 / Section 719
Revocation of permit
Status: in_force

A. The department may revoke any permit issued under the terms of this Part for noncompliance with the provisions of the sanitary code or the food and drug laws or regulations of the state.

B. It may revoke any such permit either temporarily, until there is a compliance with the provisions of this Part and with the sanitary code and other laws and regulations on the same subject matter, or permanently for the unexpired period of the permit.

C. Any person whose permit has been revoked shall discontinue the manufacture and the sale within this state of soft drinks, malt beverages, and other nonalcoholic drinks until he shall have complied with this Part and shall have obtained a new permit to operate from the department.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:972 — LA Code / Code revised-statutes / Title 40 / Section 972
Rules and regulations and fees
Status: in_force

A. The Louisiana Board of Pharmacy is authorized to promulgate rules and regulations relating to the registration and control of the manufacture, distribution, and dispensing of controlled dangerous substances within this state.

B. The fees collected by the Louisiana Board of Pharmacy for registration and licensing shall not exceed the following schedule:

Minimum

(1) Manufacturer $ 100.00

(2) Ambulatory surgical centers $ 50.00

(3) Emergency medical centers $ 50.00

(4) Hospital $ 50.00

(5) Methadone clinic $ 50.00

(6) Wholesaler/Distributor $ 50.00

(7) Third-party logistics provider $ 50.00

(8) Practitioner $ 20.00

(9) Intern/Resident $ 20.00

(10) Drug Detection/Canine $ 30.00

(11) Researcher $ 30.00

(12) Sales representative (or medical service representative

or detail person) $ 20.00

(13) Other (schools, laboratories, crime laboratories, coroners,

ambulance services, analytical laboratories, etc.) $ 20.00

(14) Duplicate/Replacement fee $ 5.00

(15) Delinquent fee

(30 days after expiration/assessed per year) $ 10.00

C. All said fees collected in accordance with the provisions of this Chapter shall be deposited in a separate fund and used for the administration and enforcement of this Part, and for education and research as provided by R.S. 40:992, together with any supplemental funds appropriated by the legislature or federal funds or grants received.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 186, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1233.1 — LA Code / Code revised-statutes / Title 40 / Section 1233.1
State hospitals; medical malpractice coverage
Status: in_force

Each state owned or state operated hospital in Louisiana may provide medical malpractice coverage to medical doctors, dentists and professional nurses who are employed by such hospital or who donate services free of charge to such hospital or who have personal services contracts with such hospital to provide medical services. Such coverage shall only apply to those claims arising from services rendered by such medical doctors, dentists or professional nurses as a direct result of such employment, donation of services or contract for services. For the purposes of this Part the term "medical doctor" shall mean any person holding a valid certificate to practice medicine issued pursuant to R.S. 37:1273; the term "dentist" shall mean any person holding a valid certificate to practice dentistry issued pursuant to R.S. 37:751 through R.S. 37:763; the term "professional nurse" shall mean any person holding a valid certificate to practice nursing pursuant to R.S. 37:921, R.S. 37:971 or R.S. 37:972.

Added by Acts 1975, No. 477, §1; Redesignated from R.S. 40:1299.37 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1213.1 — LA Code / Code revised-statutes / Title 40 / Section 1213.1
Purpose
Status: in_force

It is a public policy of the state to promote the health, welfare, and safety of the people of this state by attempting to ensure high standards for cholesterol screening by mobile cholesterol screening units.

Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.191 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2717 — LA Code / Code revised-statutes / Title 40 / Section 2717
Injunction
Status: in_force

A. If the department, state health officer, or an authorized agent finds that a person has violated, is violating, or threatening to violate this Chapter and that the violation or threat of violation creates an immediate threat to the health and safety of the public, the department, state health officer, or an authorized agent may petition the district court for a temporary restraining order to restrain the violation or threat of violation.

B. If a person has violated, is violating, or threatening to violate this Chapter, the department, state health officer, or an authorized agent may after sending notice of said alleged violation to the alleged violator via certified mail, and the lapse of ten days following receipt of the notice by the alleged violator, petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation.

C. On application for injunctive relief and a finding that a person is violating or threatening to violate this Chapter, the district court may grant any injunctive relief warranted by the facts.

D. Venue for a suit brought under this Section shall be in the parish in which the violation or the threat of violation is alleged to have occurred.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
La. Rev. Stat. § 40:1454 — LA Code / Code revised-statutes / Title 40 / Section 1454
Disbursement of funds
Status: in_force

A. The funds credited and dedicated as provided in R.S. 40:1453 shall be disbursed upon warrants drawn by the Director of the Department of Public Safety, which warrants shall have attached to them a detailed list of the names of the officers for whose benefit any particular warrant is drawn, together with the completed years of service of such officers and such other information as the State Comptroller or the State Treasurer may require. A list of the names of the drivers license examiners together with their classifications shall also be attached to the warrants.

B. The Director of the Department of Public Safety, on the basis of such warrants, shall prepare and sign individual checks representing the amount to be paid out of the special fund created by R.S. 40:1667.2 to each person in accordance with the provisions of this Sub-part. Each such check shall show the legislative appropriation from which payment is made and shall note that it represents additional compensation paid by the state under the provisions of this Sub-part. The Director of the Department of Public Safety shall deliver the checks to the individual person in whose favor drawn, by mail or by such other means as he shall determine.

C. The Director of the Department of Public Safety shall include the additional compensation paid by the individuals in accordance with the provisions of this Sub-part in the calculation and deduction from the pay of such individuals of sums required by state or federal laws to be withheld by an employer, such as federal income tax and social security tax or contribution to a state retirement system. The Director of the Department of Public Safety shall be further charged with the responsibility for transmitting the sums so withheld in accordance with the law or laws requiring the withholding.

D. The additional compensation paid by the state to state police officers and drivers license examiners in accordance with the provisions of this Sub-part shall be included in the calculation and computation of the total wages paid to a state police officer or drivers license examiner in the determination of employer contributions to any retirement system or pension fund of which the individual may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the individual under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the individual might be entitled.

Added by Acts 1959, No. 50, §1; Acts 2014, No. 158, §§3 and 7.

{{NOTE: FOR CONDITIONAL REPEAL, SEE NOTE AT §1451.}}
La. Rev. Stat. § 40:2200.1 — LA Code / Code revised-statutes / Title 40 / Section 2200.1
Definitions
Status: in_force

For the purposes of this Part, "Alzheimer's special care unit" means any adult residential care provider, as defined in R.S. 40:2166.3, or nursing home, as defined in R.S. 40:2009.2, that segregates or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's disease or related disorder so as to prevent or limit access by a resident to areas outside the designated or separated area or that advertises, markets, or otherwise promotes the facility as providing specialized Alzheimer/dementia care services.

Acts 2008, No. 571, §1, eff. June 30, 2008.
La. Rev. Stat. § 40:701.5 — LA Code / Code revised-statutes / Title 40 / Section 701.5
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 continued operation of a water vending machine for which a permit has not been issued under the provisions of R.S. 40:701.1 or which does not display the label required by R.S. 40:701.3.

B. 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 a bill of information by the district attorney. Process of the court for the arrest of the violator may be served at any place in the state.

Added by Acts 1983, No. 510, §1.
La. Rev. Stat. § 40:465 — LA Code / Code revised-statutes / Title 40 / Section 465
Pre-existing powers
Status: in_force

A local housing authority may have and exercise any power not enumerated in this Chapter which a housing authority possessed immediately prior to August 15, 1997.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:962.1 — LA Code / Code revised-statutes / Title 40 / Section 962.1
Ephedrine products
Status: in_force

A. Except as provided in Subsection B of this Section, any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine may be dispensed only upon the prescription of a duly licensed practitioner authorized by the laws of the state to prescribe prescription drugs.

B. The following products containing ephedrine shall be exempt from the provisions of Subsection A of this Section provided that such product may lawfully be sold over the counter without a prescription under the federal Food, Drug, and Cosmetic Act, is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph, and is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse:

(1) Solid oral dosage forms (including soft gelatin caplets) that combine active ingredients in the following ranges for each dosage unit:

(a) Theophylline (100-130 mg), Ephedrine (12.56-24 mg).

(b) Theophylline (60-100 mg), Ephedrine (12.5-24 mg), Guaifenesin (200-400 mg).

(c) Ephedrine (12.5-25 mg), Guaifenesin (200-400 mg).

(d) Phenobarbital (not greater than 8 mg) in combination with ingredients of Subparagraph (a) or (b) of this Paragraph.

(2) Liquid oral dosage forms that combine active ingredients in the following ranges for each (5 ml) dose:

(a) Theophylline (not greater than 45 mg), Ephedrine (not greater than 36 mg), Guaifenesin (not greater than 100 mg), Phenobarbital (not greater than 12 mg).

(b) Phenylephephrine (not greater than 5 mg), Ephedrine (not greater than 5 mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg), ammonium C1 (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml).

(3) Anorectal preparations containing less than five percent ephedrine.

(4) Any liquid compound, mixture, or preparation containing one-half percent or less of ephedrine.

C. The marketing, advertising, or labeling of any nonprescription product containing ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine for the indication of stimulation, mental alertness, weight loss, appetite control, or energy is prohibited. The Louisiana Department of Health, office of public health is authorized to adopt rules and regulations in accordance with the Administrative Procedure Act to exempt other nonprescription products from the prohibition contained herein. Such rules and regulations shall require a distributor or manufacturer seeking an exemption from the prohibition contained herein to clearly demonstrate that the nonprescription product is intended for use for a valid medicinal purpose and that the marketing of that product does not encourage, promote, or abet the abuse or misuse of ephedrine. In addition, such rules and regulations shall include the following factors for purposes of determining whether or not such an exemption should be granted:

(1) The packing of the product.

(2) The name and labeling of the product.

(3) The manner of distribution, advertising, and promotion of the product.

(4) Verbal representations made concerning the product.

(5) The duration, scope, and significance of abuse or misuse of the particular product.

D. Whoever violates any provision of this Section shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

E. Notwithstanding any provision of law to the contrary, unless listed in another schedule, any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine is a Schedule V controlled dangerous substance and shall be dispensed, sold, or distributed only in accordance with the provisions of R.S. 40:1049.1 et seq. Such products shall be exempt from the reporting for Schedule V drugs as provided for in R.S. 40:1001 et seq.

Acts 1995, No. 1253, §1, eff. Jan. 1, 1996; Acts 2009, No. 314, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2127 — LA Code / Code revised-statutes / Title 40 / Section 2127
Rules and regulations
Status: in_force

The department may promulgate such rules and regulations for the administration of this Part as it deems advisable in accordance with the Administrative Procedure Act.

Acts 1981, No. 673, §1.
La. Rev. Stat. § 40:1675 — LA Code / Code revised-statutes / Title 40 / Section 1675
Inspection of scaffolding, etc.; notice of defects; reconstruction
Status: in_force

Whenever it comes to the notice of the building inspector or other city officer whose duty it is to enforce this Part in the particular city that the scaffoldings, stays, hangers, blocks, pulleys, slings, braces, ladders, irons, or ropes of any swinging or stationary scaffolding, platform, or other similar device used in the construction, repairing, alteration, removing, cleaning, or painting of any structures therein are liable to prove dangerous to the safety of any person, he shall immediately cause an inspection to be made of the scaffolding, platform, or device, or of the parts thereof.

If the scaffolding, platform, or device, or any parts thereof are found to be dangerous to the safety of any person, the local authority shall immediately notify the person responsible for the maintenance thereof and warn him against its use, maintenance, or operation. He shall further require that the thing be altered and reconstructed so as to avoid any danger. This notice may be served personally upon the one responsible for the erection of the thing declared unsafe or by conspicuously affixing it to the scaffolding, platform, or other device, or part thereof, declared to be unsafe.

After the notice has been served or affixed, the person responsible therefor shall cease using and immediately remove the thing declared unsafe or shall alter or strengthen it in such manner as to render it safe.

The officer whose duty it is to examine or test any such scaffolding, platform, or similar device, or part thereof, under this Section shall have free access at all times during reasonable hours to any buildings or structures containing such scaffolding, platforms, or similar devices or parts thereof or where they may be in use.
La. Rev. Stat. § 40:2115.33 — LA Code / Code revised-statutes / Title 40 / Section 2115.33
Emergency department; licensure; prohibitions
Status: in_force

A. Each emergency department operating in Louisiana shall be licensed by the department as a part of a hospital under the Hospital Licensing Law, R.S. 40:2100 et seq., either as a part of the hospital's main campus or as a separate off-site campus of an existing licensed hospital.

B. Freestanding emergency departments shall be prohibited in Louisiana.

C. The department shall not issue a license to any off-site campus emergency department within the primary service area of a rural hospital. For purposes of this Section, "primary service area" for a rural hospital created or ratified pursuant to laws providing for hospital service districts, R.S. 46:1051 et seq., shall be coterminous with the boundaries of its hospital service district. For all other rural hospitals, the primary service area shall have the same meaning as set forth in R.S. 37:1307(6). However, the prohibition in this Subsection shall not apply to a nonprofit licensed hospital that complies with the provisions of Subsection A of this Section and that has obtained a building or construction permit for a new off-site campus or hospital prior to April 1, 2019.

Acts 2019, No. 438, §1.
La. Rev. Stat. § 40:1243.3 — LA Code / Code revised-statutes / Title 40 / Section 1243.3
Upper payment limit mechanism for ambulatory surgical centers
Status: in_force

A. The Louisiana Department of Health is authorized to seek approval from the Centers for Medicare and Medicaid Services of a program designed to reimburse ambulatory surgical centers that have an agreement with a governmental entity or entities to provide enhanced Medicaid services.

B. The Louisiana Department of Health may develop and maintain a Medicaid upper payment limit financing methodology for ambulatory surgical centers provided for in Subsection A of this Section. The disbursements of money generated by the use of an upper payment limit methodology shall be made only in accordance with an approved waiver or state plan amendment. The source of the nonfederal match for these payments may only be by voluntary certification of expenditures or intergovernmental transfer of funds.

Acts 2014, No. 494, §1, eff. June 5, 2014; Redesignated from R.S. 40:1300.333 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:14 — LA Code / Code revised-statutes / Title 40 / Section 14
Parish health units; jurisdiction
Status: in_force

Parish health units may, through the parish governing authority, control and administer all matters of local sanitation not generally affecting other portions of the state. They may pass local health and sanitary ordinances and define and abate nuisances dangerous to the public health of that parish only. They may also regulate drainage and ventilation with reference to human habitation and places of business and public resort; provide for the disposition of fecal matter and garbage and waste subject to provisions of state law and the sanitary code; regulate the erection of buildings, with due regard to the filling and grading of lots, and the arrangement of buildings; provide for the vacation and demolishing of buildings when necessary for the protection of public health; and generally enforce all health and sanitary ordinances so adopted. However, these rules, ordinances and regulations shall not conflict with the rules and regulations of the sanitary code and shall not be less restrictive than the state sanitary code and may provide and regulate with respect to health matters not covered by the sanitary code.

Acts 1976, No. 346, §1.
La. Rev. Stat. § 40:1562 — LA Code / Code revised-statutes / Title 40 / Section 1562
Assistants and deputies
Status: in_force

A. The fire marshal may appoint a first assistant at a salary that he deems reasonable. The first assistant shall have the same qualifications as are required of the state fire marshal.

B. The fire marshal may also appoint such deputies, counsel, and other officers and employees as he thinks necessary for the proper performance of the duties imposed upon him by the provisions of this part. In these appointments, the fire marshal shall use the funds necessary for such purpose and available to him from the fire marshal fund in the state treasury and from appropriations made by the legislature.

Amended by Acts 1956, No. 94, §1; Acts 1970, No. 419, §1; Acts 1974, No. 230, §1; Acts 1981, No. 655, §1.
La. Rev. Stat. § 40:2841 — LA Code / Code revised-statutes / Title 40 / Section 2841
Legislative purpose
Status: in_force

The legislature declares that in order to safeguard the public health, safety, and welfare of the people of this state against unnecessary trauma and time-sensitive related deaths and incidents of morbidity due to trauma, stroke, and ST-segment myocardial infarction (STEMI), a comprehensive, coordinated statewide system for access to regional trauma, stroke, and STEMI patient care throughout the state be established. This system shall be compatible and interfaced with the Governor's Office of Homeland Security and Emergency Preparedness.

Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2006, 1 st Ex. Sess., No. 35, §4, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2022, No. 123, §1.
La. Rev. Stat. § 40:701.4 — LA Code / Code revised-statutes / Title 40 / Section 701.4
Penalty for violations
Status: in_force

Whoever violates any provision of this Subpart shall be fined one thousand dollars for each offense. Each violation shall constitute a separate offense.

Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:392 — LA Code / Code revised-statutes / Title 40 / Section 392
Establishment of authorities
Status: in_force

A. In each municipality and parish of this state which has not previously established such an authority, there is hereby created a local housing authority. However, such authority shall not be deemed to be established under this Chapter, nor shall it be authorized to conduct any business or exercise any of its powers, unless and until the governing body of the municipality or parish declares by resolution that a need exists for such a local housing authority to function in such municipality or parish and finds that there exists a shortage of decent, safe, and sanitary dwelling accommodations in such municipality or parish or that such accommodations are not available and affordable to all residents regardless of income.

B. The Houma Housing Authority is hereby abolished and the Houma-Terrebonne Housing Authority is hereby created and established as the successor to the Houma Housing Authority. The Houma-Terrebonne Housing Authority shall be governed as provided by this Chapter and shall have all of the powers, functions, and duties of a housing authority as provided in this Chapter or any other provision of law. It shall exercise such powers, functions, and duties throughout Terrebonne Parish including within the corporate limits of Houma and of any municipality incorporated in the future.

Acts 1997, No. 1188, §1; Acts 2001, No. 80, §1, eff. May 24, 2001.
La. Rev. Stat. § 40:1226.5 — LA Code / Code revised-statutes / Title 40 / Section 1226.5
Noninterference with medical decision making
Status: in_force

The provisions of this Part shall not allow or otherwise be interpreted or construed to allow a caregiver to make any medical decisions or provide informed consent on behalf of the patient unless the caregiver is otherwise authorized to do so pursuant to law. Nothing in this Part shall be construed to interfere with, supersede, or any other way affect the provisions of Parts I and II of Subchapter A of this Chapter or with the rights of a mandatary of the patient acting pursuant to a mandate.

Acts 2016, No. 351, §1.
La. Rev. Stat. § 40:1580 — LA Code / Code revised-statutes / Title 40 / Section 1580
Fire exit maps; hotel or motel rooms
Status: in_force

Every hotel or motel room shall have posted on the back of the main entry door to the room a map indicating where the exits are located in case of fire or other emergency.

Added by Acts 1981, No. 593, §1.
La. Rev. Stat. § 40:2179.1 — LA Code / Code revised-statutes / Title 40 / Section 2179.1
Definition of direct service worker
Status: in_force

A. A direct service worker is an unlicensed person who provides personal care or other services and support to persons with disabilities or to the elderly to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include, but are not limited to, assistance and training in activities of daily living, personal care services, and job-related supports.

B. A parent, stepparent, grandparent, brother, sister, aunt, or uncle of a recipient shall meet the criteria established by rule regarding serving as a paid direct support worker unless a waiver is issued by the secretary of the Louisiana Department of Health.

Acts 2005, No. 306, §2, eff. June 29, 2005.
La. Rev. Stat. § 40:1014 — LA Code / Code revised-statutes / Title 40 / Section 1014
Severability
Status: in_force

If any provision of this Act or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable.

Acts 2006, No. 676, §1, eff. July 1, 2006.
La. Rev. Stat. § 40:1730.27 — LA Code / Code revised-statutes / Title 40 / Section 1730.27
Adoption and enforcement of emergency wind and flood mitigation requirements
Status: in_force

A. The wind and flood mitigation requirements prescribed by the 2003 International Building Code and the 2003 International Residential Code, as modified in R.S. 40:1730.28(A)(3), shall apply within the parishes of Calcasieu, Cameron, Vermilion, Iberia, St. Tammany, Orleans, Jefferson, St. Bernard, Plaquemines, Terrebonne, and Lafourche.

B. Emergency wind and flood building requirements adopted in this Section shall remain in force until January 1, 2007.

C. Except as otherwise provided herein, the emergency wind and flood mitigation requirements adopted by this Section shall be enforced pursuant to R.S. 40:1730.23 and 1730.24 of this Part. If municipalities and parishes are unable to enforce the emergency wind and flood mitigation requirements prescribed in this Section on the effective dates provided for in Subsection D of this Section, the Louisiana Department of Public Safety and Corrections shall enforce them as long as they remain in effect.

D. The provisions of this Section shall go into effect thirty days from November 29, 2005, for parishes and municipalities that have code enforcement procedures in place on November 29, 2005. For those parishes and municipalities without code enforcement procedures, the provisions of this Section shall be applied no later than ninety days from November 29, 2005.

E. The Department of Public Safety and Corrections, office of state fire marshal, may establish contract agreements with parishes, municipalities, and third-party providers in order to provide enforcement of this Section.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006.
La. Rev. Stat. § 40:964.1 — LA Code / Code revised-statutes / Title 40 / Section 964.1
Treatment of controlled analogues
Status: in_force

A controlled substance analogue shall be treated, for the purposes of any state law and to the extent intended for human consumption, as a controlled dangerous substance in either Schedule I or Schedule II of R.S. 40:964.

Acts 1994, 3rd Ex. Sess., No. 34, §2; Acts 2001, No. 1036, §1.
La. Rev. Stat. § 40:92 — LA Code / Code revised-statutes / Title 40 / Section 92
Certificate of stillbirth; requirements
Status: in_force

A.(1) In addition to the requirements in R.S. 40:47 and 49, the state registrar shall establish a certificate of stillbirth on a form approved by the state registrar for each spontaneous fetal death which occurs in this state after twenty complete weeks of gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, or a weight of three hundred fifty grams or more; and for each instance of spontaneous fetal death when a parent of a stillborn child requests a certificate of stillbirth.

(2) The certificate established pursuant to this Section shall be provided by the vital records registry upon the request of the parent or parents of a stillborn child.

B. The certificate of stillbirth shall be identified as a certificate of birth resulting in stillbirth and shall contain the following information:

(1) The name of the child who shall be identified as deceased, or if the child is not named, the preparer shall include the sex of the child who shall be identified as deceased.

(2) The date and location of the stillbirth.

(3) The name of the mother and the father if the father's name is available.

(4) The certificate of stillbirth shall clearly indicate that it is not proof of a live birth.

C. One copy of the certificate of birth resulting in stillbirth shall be provided by the vital records registry at no cost upon request. Additional copies shall be subject to the same fees as a certificate of live birth as provided in R.S. 40:40.

Acts 2003, No. 591, §1; Acts 2019, No. 100, §1.
La. Rev. Stat. § 40:1203.5 — LA Code / Code revised-statutes / Title 40 / Section 1203.5
Compliance
Status: in_force

The department shall review the employment files of any facility or agency required to obtain criminal history records to ensure such facilities are in compliance with the provisions of this Part.

Acts 1993, No. 594, §1, eff. August 15, 1994; Redesignated from R.S. 40:1300.55 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1061 — LA Code / Code revised-statutes / Title 40 / Section 1061
Abortion; prohibition
Status: in_force

A. The provisions of this Act shall become effective immediately upon, and to the extent permitted by, the occurrence of any of the following circumstances:

(1) Any decision of the Supreme Court of the United States which overrules, in whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), thereby restoring to the state of Louisiana the authority to prohibit or limit abortion.

(2) Adoption of an amendment to the United States Constitution which, in whole or in part, restores to the state of Louisiana the authority to prohibit or limit abortion.

(3) A decision of the Supreme Court of the United States in the case of Dobbs v. Jackson Women's Health Organization, Docket No. 19-1392, which overrules, in whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), thereby restoring to the state of Louisiana the authority to prohibit or limit abortion.

B. The provisions of this Act shall be effective relative to the appropriation of Medicaid funds, to the extent consistent with any executive order by the President of the United States, federal statute, appropriation rider, or federal regulation that sets forth the limited circumstances in which states must fund abortion to remain eligible to receive federal Medicaid funds pursuant to 42 U.S.C. 1396 et. seq.

C. No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.

D. Any person in violation of this Section shall be prosecuted pursuant to the effective provisions of R.S. 14:87.7, and shall be subject to the penalties provided in R.S. 40:1061.29.

E. Nothing in this Section may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.

F. It shall not be a violation of Subsection C of this Section for a licensed physician to perform a medical procedure necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with reasonable medical practice.

G. Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of Subsection C of this Section.

H. Nothing in this Section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.

I. The terms as used in this Section have the same meaning as the definitions provided in R.S. 14:87.1.

J. This Section shall be known, and may be cited, as the Human Life Protection Act.

Acts 2006, No. 467, §1; Redesignated from R.S. 40:1299.30 by HCR 84 of 2015 R.S.; Acts 2018, No. 468, §2, eff. May 23, 2018; Acts 2022, No. 545, §3; Acts 2022, No. 548, §2.

NOTE: Former R.S. 40:1061 redesignated to R.S. 40:1121.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1293.2 — LA Code / Code revised-statutes / Title 40 / Section 1293.2
Senator Nat G. Kiefer University of New Orleans Lakefront Arena; smoking regulation
Status: in_force

A. It is the public policy of this state to protect the health, comfort, and environment of the people of this state.

B. Smoking shall be prohibited in all areas of the Senator Nat G. Kiefer University of New Orleans Lakefront Arena.

C. "Smoking" means the carrying of a lighted cigar, cigarette, pipe, or any other lighted smoking equipment, in addition to the inhalation and exhalation of smoke by a person from any form of lighted tobacco.

D. Any person who violates the provisions of this Section shall be advised of the prohibition by university personnel. In addition, the Board of Supervisors for the University of Louisiana System may adopt rules to provide for ejection from the arena of any person who continues such violation after being so advised of the prohibition, such rules to be enforced by security personnel in accordance with board rules.

Acts 2004, No. 573, §1; Redesignated from R.S. 40:1262 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1579 — LA Code / Code revised-statutes / Title 40 / Section 1579
Ingress by firemen
Status: in_force

For ingress by firemen, every structure, watercraft, or movable shall have at least one window or other device in each story of the building on a street front or on an alleyway or court accessible to a street, which can be opened from the outside in case of fire in the structure, watercraft, or movable so as to furnish immediate ingress to the story or stories of the structure, watercraft, or movable.
La. Rev. Stat. § 40:1531 — LA Code / Code revised-statutes / Title 40 / Section 1531
Administration; sessions; subjects of instruction
Status: in_force

The State Fire College is created. It shall be administered by the Department of Public Safety.

The fire college shall hold annual sessions at a time and place determined by the department. At these sessions it shall instruct the representatives of the paid, part-paid, and volunteer fire departments of the state who are sent there in all the approved modern methods of fire-fighting, rendering first aid in case of drowning or asphyxiation, etc., and in all the modern methods of preserving life and property.
La. Rev. Stat. § 40:992 — LA Code / Code revised-statutes / Title 40 / Section 992
Education and research
Status: in_force

A. The Louisiana Board of Pharmacy is authorized to carry out educational programs designed to prevent and deter misuse and abuse of controlled dangerous substances. In connection with such programs it is authorized to:

(1) Promote better recognition of the problems of misuse and abuse of controlled dangerous substances within the regulated industry and among interested groups and organizations.

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled dangerous substances.

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems.

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled dangerous substances.

(5) Disseminate to the industry and the general public the results of research on misuse and abuse of controlled dangerous substances to promote a better public understanding of what problems exist and what can be done to combat them.

(6) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled dangerous substances.

B. The Louisiana Board of Pharmacy is authorized to encourage research on misuse and abuse of controlled dangerous substances. In connection with such research and in furtherance of the enforcement of this Part, it is authorized to:

(1) Establish methods to assess accurately the effects of controlled dangerous substances and to identify and characterize controlled dangerous substances with potential for abuse.

(2) Make studies and undertake programs of research to:

(a) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this Part.

(b) Determine patterns of misuse and abuse of controlled dangerous substances and the social effects thereof.

(c) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled dangerous substances.

(3) Enter into contracts with public agencies or institutions of higher education, for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled dangerous substances.

C. The Louisiana Board of Pharmacy may authorize persons engaged in research on the use and effects of dangerous substances to withhold the names and other identifying characteristics of persons who are the subjects of such research. Persons who obtain this authorization shall not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which authorization was obtained.

D. The Louisiana Board of Pharmacy may authorize the possession and distribution of controlled dangerous substances by persons engaged in research in accordance with rules promulgated by the department. Persons who obtained this authorization shall be exempt from state prosecution for possession and distribution of dangerous substances to the extent authorized by the Louisiana Board of Pharmacy.

E. The Louisiana Board of Pharmacy, with the concurrence and under the supervision and control of the chief law enforcement officer of the jurisdiction wherein the program is conducted, may authorize the possession and exhibition for educational purposes only of controlled dangerous substances by persons employed by local and state law enforcement agencies engaged in educational programs in accordance with rules promulgated by the Louisiana Board of Pharmacy. Persons acting pursuant to this authorization shall be exempt from state and local prosecution for the possession and distribution of dangerous substances to the extent authorized by the Louisiana Board of Pharmacy. The Louisiana Board of Pharmacy shall coordinate and evaluate the training programs of the various law enforcement agencies to ensure compliance with the rules promulgated regulating the possession and exhibition of controlled dangerous substances for educational purposes.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 218, §1; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2254.11 — LA Code / Code revised-statutes / Title 40 / Section 2254.11
Reports
Status: in_force

If the department issues a certificate of public advantage, the facilities to whom the certificate has been issued shall submit a report to the department evaluating whether the cooperative, merger, joint venture, or consolidation agreement submitted to and approved by the department has been complied with during the preceding year and, if applicable, evaluating whether any terms and conditions imposed by the department when it issued the certificate have been met or otherwise satisfied during the preceding year. The report must be submitted annually or more frequently if required by the department. The department shall in turn issue findings as to whether the terms and conditions are being met or otherwise satisfied. The department shall keep copies of all reports and findings based on the reports.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:1023 — LA Code / Code revised-statutes / Title 40 / Section 1023
Prohibited acts
Status: in_force

A. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug paraphernalia.

B. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to display for sale or possess with the intent to distribute, any drug paraphernalia.

C. It is unlawful for any person to use, or to possess with intent to use, any drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Part.

D. Repealed by Acts 1990, No. 517, §2, eff. July 18, 1990.

Added by Acts 1980, No. 669, §1; Acts 1990, No. 517, §§1 and 2, eff. July 18, 1990; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:2159 — LA Code / Code revised-statutes / Title 40 / Section 2159
Opioid treatment programs
Status: in_force

The department shall not license any opioid treatment programs under the behavioral health services provider license unless the department, in its discretion, determines that there is a need for another opioid treatment program in a certain geographic location. The department has promulgated and adopted rules and regulations in accordance with the Administrative Procedure Act to provide for the criteria and processes for determining whether such a need exists and the procedures for selecting an opioid treatment program to be licensed once a need has been determined.

Acts 2013, No. 308, §1, eff. June 17, 2013.
La. Rev. Stat. § 40:700 — LA Code / Code revised-statutes / Title 40 / Section 700
Definition of terms
Status: in_force

As used in this Subpart, unless the context otherwise indicates, the following terms shall have the meaning ascribed to them in this Section:

(1) "Advertisement" includes all representations of fact or opinion disseminated to the public in any manner or by any means.

(2) "Dealer" means any person or entity engaged in the business of selling water treatment devices to the public.

(3) "Department" means the Louisiana Department of Health and "secretary" means the secretary thereof.

(4) "Water treatment device" means any instrument or contrivance sold at retail for residential use and designed to be added to the plumbing system of a water supply intended for human consumption to improve that water supply by any means including, but not limited to, filtration, purification, distillation, or conditioning.

Added by Acts 1983, No. 507, §1.