La. Rev. Stat. § 40:1730.40 — LA Code / Code revised-statutes / Title 40 / Section 1730.40
Municipalities and parishes; home rule charter
Status: in_force

A. Nothing in this Part shall conflict with the provisions of Article VI, Sections 4 and 6 of the Constitution of Louisiana pertaining to the powers, functions, and duties of local governments or the structure and organization or the particular distribution and redistribution of the powers and functions of any local government operating under a home rule charter, or otherwise prohibit a local government from adopting ordinances for the local administration of the construction code provided for in this Part or for any procedures in connection with the local enforcement of the provisions of this Part.

B. In the enforcement of any provision of the construction code provided for in this Part, if any provision of this Part conflicts with the provisions of a home rule charter pertaining to the powers, functions, and duties of local governments or the structure and organization or the particular distribution and redistribution of the powers and functions of such local government, the provisions of such home rule charter shall supersede the conflicting provisions of this Part.

C. Nothing in this Section shall allow any local government to avoid enforcement or otherwise amend any of the mandatory construction code provisions required by R.S. 40:1730.28 or prohibit commercial and residential contractors or homeowners from using certified third-party providers pursuant to R.S. 40:1730.24.

Acts 2008, No. 306, §1, eff. June 17, 2008.
La. Rev. Stat. § 40:2845.1 — LA Code / Code revised-statutes / Title 40 / Section 2845.1
Public records exception
Status: in_force

Patient and peer review data or information submitted or transmitted pursuant to this Chapter to the trauma registry, the board, any committee acting on behalf of the board, any hospital or pre-hospital care provider, any physician or other direct care provider, any regional commission, any emergency medical services council, emergency medical services agency, or other group or committee whose purpose is to monitor and improve quality care pursuant to this Chapter, shall be confidential and exempt from the provisions of law relative to public records as provided in R.S. 44:4.1(B)(26).

Acts 2010, No. 934, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2135 — LA Code / Code revised-statutes / Title 40 / Section 2135
Provisional licenses
Status: in_force

A provisional license may be issued to an ambulatory surgical center for a period of six months in cases where sufficient compliance with regulations, rules, and minimum standards require an extension of time. The failure to comply must not be detrimental to the health and safety of the public.

Added by Acts 1976, No. 596, §1.
La. Rev. Stat. § 40:2451 — LA Code / Code revised-statutes / Title 40 / Section 2451
Creation; membership; term of office
Status: in_force

A. An agency of the state to be known as the Governor's Council on Physical Fitness and Sports is hereby created and established in the Louisiana Department of Health, hereinafter in this Chapter referred to as the department. The council shall exercise the powers and duties hereinafter set forth or otherwise provided by law.

B. The council shall consist of fifteen members who shall be appointed by the governor and shall be representative of physicians, pediatricians, coaches, physical therapists, athletic trainers, athletes, educators and such other persons or professions interested in the physical fitness of the citizens of Louisiana. In making his appointments, the governor shall also take into consideration the various geographic areas of the state with a view to giving all sections of the state representation on the council.

C. The terms of office of members of the council shall be for three years expiring on September first in the appropriate year. Of the initial members appointed to the board, four members shall be appointed for terms of one year, five members shall be appointed for terms of two years, and six members shall be appointed for terms of three years, as determined by the governor. The governor may reappoint any person who has served or is serving as a member of the council. A vacancy shall be filled by appointment only for the remainder of the unexpired term. Each appointment by the governor shall be submitted to the Senate for confirmation.

D. The council shall meet and organize immediately after appointment of the members and shall elect from its membership a chairman and a vice chairman. The council shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations. Eight members shall constitute a quorum.

E. The council shall meet at least once in each quarter of the fiscal year, and as often thereafter as shall be deemed necessary by the chairman.

F. By a two-thirds vote of the council, a member may be dismissed from membership for such reasons as the council may establish, which reasons shall include lack of interest in council duties or repeated absences from council meetings.

G. Members of the council shall receive no salary for their services, but shall be reimbursed for actual travel and other expenses incurred while in the performance of their duties in accordance with travel regulations of the division of administration.

Added by Acts 1980, No. 751, §2; Acts 2003, No. 774, §11.
La. Rev. Stat. § 40:1105.4 — LA Code / Code revised-statutes / Title 40 / Section 1105.4
Authority
Status: in_force

In addition to other authority, the president may:

(1) Accept on behalf of the state any federal funds to assist in meeting the cost of carrying out purposes of this Part.

(2) Accept on behalf of the state funds from any private agency, such as the American Cancer Society, to assist in the cost of carrying out the purposes of this Part.

(3) Repealed by Acts 1985, No. 345, §1, eff. July 9, 1985.

Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1985, No. 345, §1, eff. July 9, 1985; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.83 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2009.2 — LA Code / Code revised-statutes / Title 40 / Section 2009.2
Definitions
Status: in_force

For the purposes of R.S. 40:2009.1 through 2009.19, unless the context otherwise requires:

(1) "Department" shall mean the Louisiana Department of Health.

(2) "Health care facility" means any provider of health services which is approved to receive Medicaid payments or which is a licensed nursing home.

(3) "Nursing facility", "nursing home", or "home" means a private home, institution, building, residence, or other place serving two or more persons who are not related by blood or marriage to the operator, whether operated for profit or not, and including those places operated by a political subdivision of the state of Louisiana, which undertakes, through its ownership or management, to provide maintenance, personal care, or nursing for persons who, by reason of illness, physical infirmity, or age, are unable to properly care for themselves. The term does not include the following:

(a) A home, institution, or other place operated by the federal government or agency thereof, or by the state of Louisiana.

(b) A hospital, sanitarium, or other institution whose principal activity or business is the care and treatment of persons suffering from tuberculosis or from mental diseases.

(c) A hospital, sanitarium, or other medical institution whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation of organized facilities therefor.

(d) Any municipal, parish, or private child welfare agency, maternity hospital, or lying-in home required by law to be licensed by some other department or agency.

(e) Any sanitarium or institution conducted by and for Christian Scientists who rely on the practice of Christian Science for treatment and healing.

(f) Any nonprofit congregate housing program which promotes independent living by providing assistance with daily living activities such as cooking, eating, dressing, getting out of bed, and the like to persons living in a shared group environment who do not require the medical supervision and nursing assistance provided by nursing homes. No congregate housing program, except those licensed or operated by the state of Louisiana, shall do any of the following:

(i) Use the term "nursing home" or any other term implying that it is a licensed health care facility.

(ii) Administer medications or otherwise provide any other nursing or medical service.

(4) "Office" means either the office of licensing and certification or the office of family services to which the complaint has been referred by the secretary of the Louisiana Department of Health.

(5) "Person" means a natural person or persons, firm, partnership, association or corporation.

Such regulations shall require that nursing homes for which plans are approved, constructed after January 1, 1978, shall comply with the applicable Life Safety Code, in accordance with such federal regulations promulgated pursuant of Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) as may be in force at the time the plans are approved.

(6) "Secretary" means the secretary of the Louisiana Department of Health.

(7) "Unit" means the Medicaid fraud control unit created within the office of criminal law of the Department of Justice and which is certified by the secretary of the United States Department of Health, Education and Welfare or its successor.

Added by Acts 1958, No. 188, §1. Amended by 1964, No. 170, §3; Acts 1977, No. 680, §7; Acts 1978, No. 687, §1, eff. July 12, 1978; Acts 1982, No. 656, §1; Acts 2016, No. 311, §2, eff. June 2, 2016; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1168.5 — LA Code / Code revised-statutes / Title 40 / Section 1168.5
Funding sources authorized for data system
Status: in_force

The board is hereby authorized to receive and expend all funds as may be necessary to implement and maintain the data system. Such funds may include, without limitation, funds appropriated by the legislature, including any appropriation of federal funds; funding provided by contract or other agreement with a governmental entity; and any public or private donations, gifts, or grants from governmental sources, individuals, corporations, nonprofit organizations, or other business entities.

Acts 2019, No. 207, §1.
La. Rev. Stat. § 40:1379.1.5 — LA Code / Code revised-statutes / Title 40 / Section 1379.1.5
Conflict provision
Status: in_force

Nothing in the provisions of R.S. 40:1379.1.3 and 1379.1.4 shall be construed to supersede the provisions of R.S. 40:1797, and in case of any conflict, the provisions of R.S. 40:1797 shall control.

Acts 2014, No. 603, §1.
La. Rev. Stat. § 40:475 — LA Code / Code revised-statutes / Title 40 / Section 475
Enforcing rights of obligee of a housing authority
Status: in_force

An obligee of a housing authority, in addition to all other rights conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, may:

(1) By mandamus or other action or proceeding for legal or equitable remedies, compel the housing authority and its representatives to perform each and every term, provision, and covenant contained in any contract of the housing authority with or for the benefit of such obligee, and require the carrying out of all covenants and agreements of the housing authority and the fulfillment of all duties imposed upon the housing authority by this Chapter.

(2) By action or proceeding, enjoin any acts or things which may be unlawful, or the violation of any rights of the obligee.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1484.20 — LA Code / Code revised-statutes / Title 40 / Section 1484.20
Prohibited acts; third-party inspector
Status: in_force

No person or firm shall do any of the following:

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

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

(3) Aid and abet an unlicensed individual or firm in the inspection or testing of an inflatable amusement device, amusement ride, or amusement attraction.

(4) Certify, test, or inspect an inflatable amusement device, amusement attraction, or amusement ride contrary to the provisions of this Part and adopted standards, regulations, and applicable manuals, service bulletins, and notices.

(5) Submit an application or any other document to the office of state fire marshal when the third-party inspector reasonably should have known the document contained false or misleading information.

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

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

(8) Fail to maintain a valid insurance policy as required by this Part.

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

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

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

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

Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1024 — LA Code / Code revised-statutes / Title 40 / Section 1024
Exceptions; defenses; local needle exchanges
Status: in_force

A. Any provision of law to the contrary herein notwithstanding, the provisions of this Part shall not apply to the manufacture, sale, distribution, or advertisement of any product or object designed and sold primarily for scientific research, industrial, veterinary, or agricultural purposes, or for bona fide medical or clinical use.

B. It shall be an affirmative defense that the person to whom the drug-related object or advertisement or notice was distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance for which the object is primarily intended to be used. It is also an affirmative defense that the drug-related object was designed or marketed as useful primarily for veterinary or agricultural purposes.

C. Any provision of law to the contrary herein notwithstanding, the provisions of this Part shall not prohibit the establishment and implementation of a needle exchange program within the jurisdiction of a local governing authority, including but not limited to a city, town, or parish, upon the express approval of the local governing authority.

Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2017, No. 40, §1, eff. June 3, 2017; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1300.11 — LA Code / Code revised-statutes / Title 40 / Section 1300.11
Definitions
Status: in_force

For the purposes of this Part "mass meeting" shall mean any gathering or the prospective gathering of over five thousand people; provided that the term "mass meeting" shall not include meetings and assemblies of members of bona fide labor organizations when said meetings are held in furtherance of any legitimate collective bargaining activity, business activity, or political activity of such labor organizations.

Added by Acts 1970, No. 3, §1, eff. May 28, 1970; Redesignated from R.S. 40:1299.11 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1300.11 redesignated to R.S. 40:1171.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1891 — LA Code / Code revised-statutes / Title 40 / Section 1891
Application of Part
Status: in_force

This Part applies only to retail distributing systems, subject to the jurisdiction of the Louisiana Public Service Commission. Nothing in this Part applies to or affects:

(1) Gas transported out of the state.

(2) Gas transported in gas lines for industrial or commercial purposes or for re-sale.

(3) Liquefied petroleum gas.
La. Rev. Stat. § 40:31.68 — LA Code / Code revised-statutes / Title 40 / Section 31.68
Rules and regulations
Status: in_force

The department shall promulgate all necessary rules and regulations to implement the provisions of this Part.

Acts 2005, No. 210, §1.
La. Rev. Stat. § 40:1159.6 — LA Code / Code revised-statutes / Title 40 / Section 1159.6
Construction of Subpart; general application
Status: in_force

A. The provisions of this Subpart shall be liberally construed, and all relationships set forth herein shall include the marital, adoptive, foster and step-relations as well as the natural whole blood. A consent by one person so authorized and empowered shall be sufficient. Any person acting in good faith shall be justified in relying on the representations of any person purporting to give such a consent, including but not limited to his identity, his age, his marital status, his emancipation, and his relationship to any other person for whom the consent is purportedly given.

B. Nothing in this Subpart shall be construed to condone, authorize, or approve assistance to suicide, mercy killing, or euthanasia.

Added by Acts 1975, No. 798, §1; Acts 2012, No. 715, §1; Redesignated from R.S. 40:1299.55 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1351 — LA Code / Code revised-statutes / Title 40 / Section 1351
Louisiana Medical Advisory Board created; membership, qualifications, vacancies
Status: in_force

A. The Louisiana Medical Advisory Board is hereby created. The board shall consist of eighteen members to be appointed by the governor for terms of four years. Each member of the board shall be a graduate physician or surgeon or optometrist and the members shall be selected from the following areas of specialization: (1) ophthamology or optometry, (2) psychiatry, (3) orthopedics, (4) neurology or neurological surgery, (5) general surgery, or (6) internal medicine and cardiology. The Louisiana State Medical Society shall submit the names of six persons qualified in each specialty from which the governor shall make appointments to the board, and the Louisiana State Association of Optometrists shall also submit the names of six qualified optometrists, from which the governor shall make at least one appointment to the board. All members appointed by the governor shall be confirmed by the Senate, and, beginning in 1984, be reconfirmed by the Senate every two years.

B. Vacancies in the membership of the board shall be filled by appointment by the governor.

Added by Acts 1968, No. 281, §1. Amended by Acts 1972, No. 223, §1; Acts 1981, No. 631, §1.
La. Rev. Stat. § 40:1123.3 — LA Code / Code revised-statutes / Title 40 / Section 1123.3
Screening for postpartum or related mental health disorders
Status: in_force

A. Healthcare providers who provide postnatal care to women up to twelve months following the birth shall screen for the signs and symptoms of postpartum depression or related mental health disorders through a validated screening tool in accordance with the recommendations from the American College of Obstetricians and Gynecologists if in the exercise of their professional medical judgment the healthcare providers believe that such screening would be in the best interest of the patient.

B. Upon the consent of the caregiver, a healthcare provider who is providing pediatric care to an infant shall screen the caregiver for postpartum depression or related mental health disorders in accordance with the recommendations of the American Academy of Pediatrics if in the exercise of his professional medical judgment the healthcare provider believes that such screening would be in the best interest of the patient. Screenings pursuant to this Subsection shall not create either a physician-patient relationship between the healthcare provider and the caregiver or any continuing obligation to provide medical services or referral by the healthcare provider.

Acts 2022, No. 188, §1.

NOTE: Former R.S. 40:1123.3 redesignated as R.S. 40:1300.43 by Acts 2022, No. 271, §9A.
La. Rev. Stat. § 40:428 — LA Code / Code revised-statutes / Title 40 / Section 428
Terms of commissioners
Status: in_force

The commissioners first appointed to any regional or consolidated housing authority, including any additional commissioner appointed as provided in R.S. 40:427, shall draw lots to determine whether their terms of office as commissioners shall be for one, two, three, four, or five years, respectively, from the date of their appointments. No term shall be for a longer period than five years. Should there be more than four commissioners to draw, the terms of all the commissioners in excess of four shall run for five years from the dates of their appointments. The minutes of the first meeting of the commissioners shall recite the results of the drawing by lot and shall be conclusive proof of the terms of office of these respective commissioners. Thereafter, all commissioners of a regional or consolidated housing authority shall be appointed for terms of five years. All vacancies shall be filled for the unexpired terms.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:622 — LA Code / Code revised-statutes / Title 40 / Section 622
Misbranded cosmetics
Status: in_force

A cosmetic is considered misbranded if it has been found to be such by any department of the United States government, or:

(1) If its labeling is false or misleading in any particular or if it is injurious to health under the conditions of use prescribed in the labeling or advertising thereof.

(2) If it is in package form and it does not bear a label containing: (a) the name and place of business of the manufacturer, packer, seller, or distributor; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. However, under Subparagraph (b) of this Paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the department where compliance with that provision would be impracticable.

(3) If any word, statement, or other information required on the label under any provision of this Part is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by the purchasers and users of the articles under customary conditions of purchase and use. Due consideration shall be given to the size of the package.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:971.1 — LA Code / Code revised-statutes / Title 40 / Section 971.1
Prohibited acts; false representation
Status: in_force

A. It shall be unlawful for any person to produce, manufacture, distribute, dispense, transport, deliver, or possess with intent to distribute or dispense any substance which is represented to be a controlled dangerous substance and which is an imitation controlled dangerous substance, or any controlled dangerous substance which is a counterfeit controlled dangerous substance.

B. The provisions of this Section shall not apply to a law enforcement officer acting in the course and scope of his employment or to a medical practitioner, pharmacist, or other person authorized to dispense or administer controlled dangerous substances pursuant to this Part.

C. Any person who violates the provisions of this Section shall be imprisoned with or without hard labor for not more than five years, and in addition may be fined not more than five thousand dollars.

Added by Acts 1981, No. 914, §1. Acts 1993, No. 154, §1; Acts 1994, 3rd Ex. Sess., No. 34, §1; Acts 2010, No. 530, §1; Acts 2011, No. 100, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1219.6 — LA Code / Code revised-statutes / Title 40 / Section 1219.6
Report
Status: in_force

The office shall prepare and submit a quarterly report on the programs to the governor, president of the Senate, speaker of the House of Representatives, and the chairmen of the Senate and House committees on health and welfare. Such reports shall include the number of clients served, the number of prescriptions filled and refilled, the value of the drugs provided, and the number and type of supports and service assistance provided.

Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.216 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2405.9 — LA Code / Code revised-statutes / Title 40 / Section 2405.9
Identification of minor or dependent children of an arrested person; guidelines and training
Status: in_force

A. The Council on Peace Officer Standards and Training shall develop guidelines and provide training for law enforcement agencies on identifying and ensuring the safety of minor or dependent children upon the arrest of the child's parent or guardian.

B. The guidelines and training shall include all of the following:

(1) Procedures to ensure that law enforcement officers inquire or otherwise ascertain whether an arrested person has a minor or dependent under his care, custody, or control at the time of the arrest.

(2) Procedures for the proper arrangement of temporary care for children to ensure their safety and well-being with a priority on placing children with supportive family members and trusted adults.

(3) Education on how witnessing a violent crime or other event causes emotional harm to children and how law enforcement can assist in mitigating the long-term effects of the trauma.

(4) Procedures for reporting on the number of instances requiring a referral to a partner organization or transportation of the child to a child advocacy center when the child is unable to be placed with a family member.

(5) Procedures to ensure law enforcement officers receive annual training as mandatory reporters of child abuse or neglect in accordance with Children's Code Article 609.

C. The council shall work in conjunction with and receive input from appropriate nongovernmental organizations and other relevant organizations that are invested in the rights of children with incarcerated parents to develop and establish the guidelines and training program required by this Section.

D. Nothing in this Section shall preclude a law enforcement officer's responsibility as a mandatory reporter to report suspected child abuse or neglect in accordance with Children's Code Article 603.

Acts 2021, No. 126, §1.
La. Rev. Stat. § 40:31.63 — LA Code / Code revised-statutes / Title 40 / Section 31.63
Parkinson's Disease Registry
Status: in_force

A. The department, through the office of public health, shall conduct a program of epidemiological assessments of the incidence of Parkinson's disease. The program shall encompass all areas of the state for which Parkinson's disease incidence data are available. The program shall include the monitoring of Parkinson's disease associated with suspected chemical agents encountered by the general public both in occupational locations and in the environment generally. The department shall designate regional Parkinson's disease incidence reporting areas and regional Parkinson's disease registries for the purpose of monitoring the incidence of the disease throughout the state.

B. Any hospital or other facility providing therapy to Parkinson's disease patients within an area designated as a Parkinson's disease-reporting area shall report each case of Parkinson's disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department's authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the department or authorized representative for its costs to access and report the information.

C. Any physician, surgeon, dentist, podiatrist, or other licensed, certified, or registered health care practitioner diagnosing or providing treatment for Parkinson's disease patients shall report each Parkinson's disease case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinson's disease.

D. The department and any regional Parkinson's disease registry designated by the department shall use the information to determine the sources of Parkinson's disease and evaluate measures designed to eliminate, alleviate, or ameliorate their effect.

E. Nothing in this Section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson's disease to maintain their own facility-based Parkinson's disease registries.

F. Reporting sources shall not collect, track, or report information on a Parkinson's disease patient whenever the patient objects based on his or her religious beliefs.

Acts 2005, No. 210, §1.
La. Rev. Stat. § 40:2210 — LA Code / Code revised-statutes / Title 40 / Section 2210
Prohibited discrimination; prenatal test results; genetic information
Status: in_force

Every preferred provider organization authorized under this Part shall comply with the provisions of R.S. 22:1022 and 1023, relative to the use of prenatal test results and genetic information.

Acts 1997, No. 1418, §2; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 40:5.3 — LA Code / Code revised-statutes / Title 40 / Section 5.3
Molluscan shellfish sanitation requirements; opening and closing of molluscan shellfish growing areas; adoption of guidelines to regulate molluscan shellfish industry; authority to collect samples for bacteriological analysis; testing of oysters; Calcasieu Lake
Status: in_force

A. The legislature finds and declares that serious risks to public health are posed by harvesting molluscan shellfish from growing areas not approved by the state health officer; and that it is in the best interests of the public health and welfare, as well as the Louisiana molluscan shellfish industry, that the state be authorized to immediately close from harvesting any molluscan shellfish growing area adversely affected by health dangers, and to immediately open such molluscan shellfish growing areas when it is determined that the health dangers are no longer a threat to public health.

B. Notwithstanding the provisions of R.S. 40:4, the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes, except R.S. 49:951, 952, 953, 968, and 979, shall not apply to procedures and proceedings to close from molluscan shellfish harvesting any molluscan shellfish growing area affected by a public health danger, nor to procedures and proceedings for subsequent opening of any such molluscan shellfish growing areas when the Louisiana Department of Health and the Department of Wildlife and Fisheries jointly determine that the protection of the public health mandates or warrants such closure or opening, nor to procedures and proceedings for such determination.

C. The Louisiana Department of Health shall utilize supplemental water quality data from certified laboratories of other state and local government agencies in water quality monitoring and sampling programs to be used by the department for certifying the quality of molluscan shellfish harvested from Louisiana growing areas in compliance with this Section. However, nothing in this Subsection shall prevent the department from having the final decision making authority in the opening and closing of molluscan shellfish growing areas.

D. Approved molluscan shellfish growing area water quality monitoring plans from other state or local agencies may be shared in meetings called by the representative or senator from the respective districts containing molluscan shellfish growing areas.

E. The purpose of this Section is to develop guidelines to govern and regulate the shellfish industry to ensure that the final shellfish product is safe and wholesome. The Louisiana Department of Health shall enforce the requirements for classification of shellfish growing areas and for certifying, processing, and distributing shellfish, which requirements are contained in Part IX of Title 51 of the Louisiana Administrative Code and promulgated under the provisions of R.S. 49:962.

F. The Louisiana Legislature may create a Shellfish Management Task Force which shall periodically review the procedures by which the Louisiana Department of Health and the Department of Wildlife and Fisheries determine the opening and closing of molluscan shellfish growing areas to be certain that Louisiana water quality monitoring and sampling is in full compliance with sanitation requirements for shellfish growing areas and for harvesting, processing, and distributing shellfish.

G. The taking of molluscan shellfish from areas closed, or not approved, by the state health officer shall constitute a violation of this Section and R.S. 56:424(E).

H. In order for the Louisiana Department of Health to monitor molluscan shellfish-related diseases for verification and certification, the department may collect from all water bottoms, both public and private, such shellfish samples as may be required for bacteriological, chemical, and radiological analysis. The department shall notify the owner or lessee of the collection of such samples, but it shall not be a condition precedent to the taking of such shellfish.

I. Until final adoption by the secretary of the Department of Wildlife and Fisheries of regulations governing freshwater mussels, the provisions of this Section shall not apply to the harvesting of freshwater mussels in those areas of the state designated as freshwater by R.S. 56:322(A) and (B) provided that such harvesting is for shells only.

J. The Louisiana Department of Health shall be required to collect any samples of oysters and report the results of any testing of oysters in Calcasieu Lake for chemical, radiological, or metallic analysis at least forty-five days prior to the opening of the oyster season as fixed by the commission in accordance with R.S. 56:435.1 or 435.2. Nothing herein shall interfere with the authority of the department to conduct such routine chemical testing for the presence of such contaminants during the open season.

Added by Acts 1982, No. 406, §1; Acts 1982, No. 685, §1. Amended by Acts 1983, No. 232, §1; Acts 1988, No. 1, §2, eff. May 12, 1988; Acts 1991, No. 632, §1; Acts 1992, No. 851, §2; Acts 1995, No. 120, §1, eff. June 12, 1995; Acts 2004, No. 213, §2; Acts 2018, No. 206, §4; Acts 2021, No. 211, §10.
La. Rev. Stat. § 40:1300.75 — LA Code / Code revised-statutes / Title 40 / Section 1300.75
Patient death; insurance provisions
Status: in_force

If a patient's death is proximately caused by treatment with an individualized investigational drug, biological product, or device, the patient's estate, heirs, or devisees are not liable for any debt remaining after payment by insurance for charges directly incurred for the treatment. However, this provision shall not provide an exemption to liability for charges for nonexperimental treatments provided to the patient, including nonexperimental treatments rendered to the patient due to complications or consequences of the experimental treatment.

Acts 2024, No. 750, §1.
La. Rev. Stat. § 40:31.73 — LA Code / Code revised-statutes / Title 40 / Section 31.73
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. Data shall not be released for any child 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 2024, No. 511, §1, eff. June 10, 2024.
La. Rev. Stat. § 40:1484.13 — LA Code / Code revised-statutes / Title 40 / Section 1484.13
Application for firm license; third-party inspection firm license; operating firm license; requirements to maintain; prohibitions; penalties
Status: in_force

A. To engage in the inspection or operation of an inflatable amusement device, amusement attraction, or amusement ride, a firm shall apply for and obtain a license and the respective relevant endorsement for inspection or operation. The inspection endorsement authorizes the licensee to conduct any necessary testing.

B. An applicant for a third-party inspection firm license shall submit all of the following to the state fire marshal:

(1) A completed firm application including the names of all owners, managers, or members.

(2) Documentation that the firm is an entity duly authorized to conduct business within this state. If the firm is physically located in Louisiana, documentation shall be in the form of a local or parish occupational license, if such license exists, and if incorporated, a certificate of good standing issued by the secretary of state. If the firm is physically located outside of the state, documentation shall be in the form of a certificate of good standing issued by the secretary of state as a foreign corporation including the name of the firm's registered agent of service.

(3) An original certificate of insurance documenting that the firm has general liability coverage in a minimum amount of one million dollars.

(4) An original certificate of insurance documenting that the firm has "Errors and Omissions" coverage in a minimum amount of one million dollars.

(5) An original certificate of insurance documenting that the firm has a current and valid worker's compensation insurance policy as required by state law.

(6) The name of the person who will serve as the contact for the firm.

(7) The application fee authorized by this Part.

(8) Proof of employment of a qualified individual with proper certification and training at each of its operating locations.

C. An applicant for an operating firm license shall submit the following to the state fire marshal:

(1) A completed firm application including the names of all owners, managers, or members.

(2) An original certificate of insurance documenting that the firm has general liability coverage in a minimum amount of one million dollars and in which all inflatable amusement devices, amusement attractions, or amusement rides subject to coverage are listed on the declarations page.

(3) An original certificate of insurance documenting that the firm has a current and valid workers' compensation insurance policy as required by state law.

(4) The name of the person who will serve as the contact for the firm.

(5) The application fee authorized by this Part.

D. As a condition of licensure, each firm shall be open for inspection by the state fire marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this Part. No person acting on behalf of the firm shall refuse to admit the state fire marshal or his designated representative to an operating location or its business location where the firm keeps records. A firm physically located outside of Louisiana may be charged for the travel expenses of the state fire marshal to conduct such an inspection.

E. As a further condition of licensure, the acceptance of a license by a firm is deemed as the firm's consent to submit to reasonable requests for documentation by the state fire marshal or his designated representatives and to cooperate in a lawful investigation by the office of state fire marshal. A firm refusing to cooperate with any lawful investigation by the office of state fire marshal is subject to any applicable penalty as provided in this Part, including suspension or revocation of a license.

F. Each firm shall clearly display its license in a conspicuous location at its place of business.

G. The firm shall notify the state fire marshal within ten days of the following:

(1) A change in the business address of the firm.

(2) A change in ownership of or interest in the firm.

(3) The termination of a licensed employee.

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:1153.1 — LA Code / Code revised-statutes / Title 40 / Section 1153.1
Application; military personnel
Status: in_force

A. A military advance medical directive may be executed by:

(1) Military personnel.

(2) Other persons eligible for legal assistance under the provisions of 10 U.S.C. 1044 or regulations of the Department of Defense.

B. "Military personnel" means members of any of the branches of the armed forces of the United States as defined by 10 U.S.C. 101(a)(4), the reserve components of the armed forces of the United States as defined by 10 U.S.C. 10101, or the Louisiana National Guard.

Acts 1997, No. 1057, §1; Acts 1999, No. 227, §3; Redesignated from R.S. 40:1299.60 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1121.23 — LA Code / Code revised-statutes / Title 40 / Section 1121.23
Reports on birth and stillbirth certificates
Status: in_force

In reporting every birth and stillbirth, physicians and others required to make the reports shall state on the certificate whether a standard test for syphilis has been made upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed.

Redesignated from R.S. 40:1093 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2025.2 — LA Code / Code revised-statutes / Title 40 / Section 2025.2
Definitions
Status: in_force

For purposes of this Part, the following terms shall have the following meanings:

(1) "Next of kin" means the person or persons most closely related to a decedent by blood or affinity.

(2) "Overdose fatality review" means a process in which a multidisciplinary panel performs a series of individual overdose fatality reviews to effectively identify system gaps and innovative community-specific overdose prevention and intervention strategies.

Acts 2024, No. 498, §1.
La. Rev. Stat. § 40:5.2 — LA Code / Code revised-statutes / Title 40 / Section 5.2
Limitations
Status: in_force

Nothing in this Part shall be construed to authorize the state health officer or the Louisiana Department of Health to impose on any person any mode of treatment inconsistent with 1 creed or tenets of any religious denomination of which he is an adherent, provided that sanitary and quarantine regulations are complied with by such person.

Added by Acts 1982, No. 619, §1.

1 The words "with creed" are as they appear in the enrolled Act.
La. Rev. Stat. § 40:1250.31 — LA Code / Code revised-statutes / Title 40 / Section 1250.31
Dental care for certain adults with developmental or intellectual disabilities; Medicaid coverage required
Status: in_force

NOTE: Paragraph (A)(1) eff. until an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 366 of the 2022 Regular Session becomes effective. See Acts 2022, No. 366.

A.(1) The Louisiana Department of Health shall ensure that comprehensive Medicaid coverage for dental care is provided to each person of age twenty-one or older who is enrolled in any Medicaid waiver program for persons with developmental or intellectual disabilities.

NOTE: Paragraph (A)(1) eff. upon an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of Act 366 of the 2022 Regular Session becomes effective. See Acts 2022, No. 366.

A.(1) The Louisiana Department of Health shall ensure that comprehensive Medicaid coverage for dental care is provided to all of the following persons:

(a) Each person of age twenty-one or older who is enrolled in any Medicaid waiver program for persons with developmental or intellectual disabilities.

(b) Each Medicaid enrollee of age twenty-one or older who resides in an intermediate care facility for people with developmental disabilities licensed in accordance with the provisions of R.S. 40:2180 et seq.

(2) For purposes of this Section, "comprehensive Medicaid coverage for dental care" means Medicaid coverage which reimburses for dental and oral health services including all of the following:

(a) Diagnostic services.

(b) Preventive services.

(c) Restorative services.

(d) Endodontics.

(e) Periodontics.

(f) Prosthodontics.

(g) Oral and maxillofacial surgery.

(h) Orthodontics.

(i) Emergency care.

B. The Louisiana Department of Health shall not furnish any coverage required by Subsection A of this Section until all of the following have occurred:

(1) The Centers for Medicare and Medicaid Services has approved the provision of such coverage.

(2) The legislature has appropriated the funding necessary for the provision of such coverage.

Acts 2021, No. 450, §1; Acts 2022, No. 366, §1, see Act.

NOTE: The La. Dept. of Health shall take all such actions as are necessary to make the coverage required by the provisions of Section 1 of Acts 2021, No. 450, available to all persons eligible for such coverage on or before July 1, 2022.
La. Rev. Stat. § 40:1300.61 — LA Code / Code revised-statutes / Title 40 / Section 1300.61
Short title
Status: in_force

This Part shall be known and may be cited as the "Local Option for Mitragynine Speciosa".

Acts 2023, No. 416, §2.
La. Rev. Stat. § 40:2139 — LA Code / Code revised-statutes / Title 40 / Section 2139
Fees and limitations
Status: in_force

A. The application by any person for a license or renewal of a license to operate an ambulatory surgical center shall be accompanied by a fee of five hundred dollars which is hereby levied as the license fee for operation of an ambulatory surgical center for a period of one year; provided ambulatory surgical centers subject to the licensing requirements of this Part which are owned and operated by the state of Louisiana shall be exempt from payment of the fees stipulated in this Section. The fees herein levied and collected shall be paid into the general fund.

B. Each license issued hereunder shall be for a period of one year from date of issuance unless sooner revoked, shall be on a form prescribed by the licensing agency, shall not be transferable or assignable, shall be issued only for the person and premises named in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application and payment of the license fee as in the case of procurement of an original license.

Added by Acts 1976, No. 596, §1; Acts 1986, No. 497, §1, eff. July 2, 1986.
La. Rev. Stat. § 40:978.1 — LA Code / Code revised-statutes / Title 40 / Section 978.1
Naloxone; first responder; prescription; administration to third party; limitation of liability
Status: in_force

A. For the purposes of this Section, the following definitions apply:

(1) "First responder" means any of the following:

(a) A peace officer as defined in R.S. 40:2402.

(b) A firefighter regularly employed by a fire department of any municipality, parish, or fire protection district of the state of Louisiana, or any volunteer fireman of the state of Louisiana.

(c) An EMS practitioner as defined in R.S. 40:1131.

(2) "Law enforcement agency" means an agency of a federally recognized Indian tribe or band or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.

(3) "Opioid-related drug overdose" means a condition including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.

B. A first responder may receive a prescription for naloxone or another opioid antagonist, maintain the naloxone or other opioid antagonist in the first responder's possession, and administer the naloxone or other opioid antagonist to any individual who is undergoing or who is believed to be undergoing an opioid-related drug overdose.

C.(1) Before receiving a prescription for naloxone or another opioid antagonist pursuant to this Section, a first responder shall complete the training necessary to safely and properly administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose. The training, at a minimum, shall cover all of the following:

(a) Techniques on how to recognize symptoms of an opioid-related overdose.

(b) Standards and procedures for the storage and administration of naloxone or another opioid antagonist.

(c) Emergency follow-up procedures.

(2) A first responder shall keep a record of each instance in which the first responder administers naloxone or another opioid antagonist to an individual who is undergoing or who is believed to be undergoing an opioid-related drug overdose.

D. A law enforcement agency or fire department may enter into a written agreement to affiliate with an ambulance service provider or a physician for all of the following purposes:

(1) Obtaining a supply of naloxone or another opioid antagonist.

(2) Allowing law enforcement officers and firefighters to obtain the training necessary to safely and properly administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose.

E. A first responder who, reasonably believing another person to be undergoing an opioid-related drug overdose, administers naloxone or another opioid antagonist to that person shall be immune from civil liability, criminal prosecution, or disciplinary or other adverse action under any professional licensing statute for any outcomes resulting from the administration of the naloxone or another opioid antagonist to that person, unless personal injury results from the gross negligence or willful or wanton misconduct of the first responder administering the drug.

F. The deputy secretary of public safety services of the Department of Public Safety and Corrections shall develop and promulgate, in accordance with the Administrative Procedure Act, a set of best practices for use by a fire department or law enforcement agency in the administration and enforcement of this Section including but not limited to the training necessary to safely and properly administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose, the standards and procedures for the storage and administration of naloxone or another opioid antagonist, and emergency follow-up procedures.

Acts 2014, No. 253, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:676 — LA Code / Code revised-statutes / Title 40 / Section 676
Laetrile
Status: in_force

A. The manufacture, sale, possession, and use of laetrile, or amygdalin is lawful in the state of Louisiana. However, the sale of the parenteral form of laetrile is lawful only with the prescription of a licensed physician.

B. The manufacture, sale, possession and use of laetrile, or amygdalin, is subject to the provisions of Chapters 1 and 4 of this Title, except for the provisions of the first unnumbered Paragraph of Section 607, the first unnumbered Paragraph of Section 608, last sentence of Paragraph 10 of Section 608, the first unnumbered Paragraph of Section 616, the first unnumbered Paragraph of Section 617, and Section 618. The manufacture, sale, possession, or use of laetrile shall not be restricted or limited on grounds it is ineffective in the prevention or treatment of cancer.

Added by Acts 1977, No. 99, §1, eff. June 22, 1977.
La. Rev. Stat. § 40:599.8 — LA Code / Code revised-statutes / Title 40 / Section 599.8
Staff and consultants
Status: in_force

An authority may employ staff and retain consultants and set their compensation.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:599.32 — LA Code / Code revised-statutes / Title 40 / Section 599.32
Enforcement of rights and duties
Status: in_force

A. A bondholder, a holder of any coupons attached to bonds, or a trustee under a trust agreement securing the bonds may sue:

(1) To protect and enforce rights under state law or a trust agreement.

(2) To enforce and compel the performance of duties by an authority or its officer, employee, or agent that this Subtitle or a trust agreement requires, including imposing rates, rents, fees, and charges that the trust agreement requires to be imposed.

B. The rights under this Section are subject to any trust agreement.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1570 — LA Code / Code revised-statutes / Title 40 / Section 1570
Examination of premises; searches and seizures
Status: in_force

The fire marshal or his authorized representative may, at all times of day or night, in the performance of the duties imposed by the provisions of this Part, enter upon and examine any building or premises where any fire has occurred and other buildings or premises adjoining or near thereto. He, or his authorized representative, may make an affidavit before any justice of the peace in the state or any other officer authorized by law to issue search warrants that he believes or has reason to believe that by a search of certain premises, designated in the affidavit, he will obtain evidence tending to show the origin of a fire to have been incendiary. Upon receiving this affidavit, the justice of the peace, or other officer shall issue a warrant authorizing the fire marshal or his representative to search the premises named in the affidavit and designated in the warrant.
La. Rev. Stat. § 40:5.5.2 — LA Code / Code revised-statutes / Title 40 / Section 5.5.2
Seafood safety
Status: in_force

A. The legislature finds that serious risks to public health may be posed by radiation, antibiotics, such as chloramphenicol and fluoroquinolones, chemicals, malachite green, copper salts, and other residues found in seafood that originates from outside of the United States. The overexposure to antibiotics from such seafood may cause serious antibiotic resistance to the consumer. In addition, chemicals such as malachite green are known carcinogens. It is the intent of the legislature to protect the health and welfare of Louisiana consumers from potentially harmful residues in imported seafood that is sold or served in Louisiana. The legislature further recognizes that the magnitude of the health risks associated with imported seafood requires the full cooperation and collaboration of the Louisiana Department of Health, the Louisiana Department of Agriculture and Forestry, the Louisiana Department of Wildlife and Fisheries, the Department of Culture, Recreation and Tourism, and the Department of Environmental Quality.

B.(1) The state health officer shall prepare and promulgate all rules and regulations necessary to ensure that all consumers of imported marine and freshwater seafood products are warned about the potential health risks associated with the consumption of those products.

(2) The state health officer, in consultation with the Department of Agriculture and Forestry, office of the lieutenant governor, the Louisiana Seafood Promotion and Marketing Board, and the Louisiana Restaurant Association shall employ a marketing campaign that places an emphasis on highlighting the benefits of eating domestic seafood.

(3) The state health officer shall produce a statement that may be included on labels, placards, menu boards, or other promotional signage that encourages consumers to consume Louisiana seafood and warns of the risks that may be associated with the consumption of imported seafood.

(4) With the cooperation and assistance of the Louisiana Retailers Association, the Louisiana Restaurant Association, and other necessary organizations, the state health officer in conjunction with the Department of Agriculture and Forestry shall encourage the display of the signage and other promotional literature as provided for in this Section where seafood sales occur.

C. As used in this Part, the following terms shall have the following meanings:

(1) "Commingle" means to cause to blend together, mix, or combine domestic and imported seafood.

(2) "Domestic crawfish" means any food product that is derived from red swamp crawfish (Procambarus clarkii), white river crawfish (Procambarus zonangulus), or pond-raised crawfish and is either:

(a) Raised, harvested, and processed in Louisiana.

(b) Raised, harvested, and processed in the United States and has satisfied the same or substantially equivalent testing and labeling requirements of this state.

(3) "Domestic shrimp" means any food product that is derived from the species Litopenaeus setiferus, Farfantepenaeus aztecus, Farfantepenaeus duorarum, Sicyonia brevirostris, Pandalus borealis, and Pleoticus robustus and is either:

(a) Caught in Louisiana waters, the Gulf of Mexico, or any other adjacent state waters and landed and processed in Louisiana.

(b) Caught, landed, and processed in the United States and has satisfied the same or substantially equivalent testing and labeling requirements of this state.

Acts 2009, No. 330, §1, eff. Jan. 1, 2010; Acts 2022, No. 271, §4; Acts 2024, No. 148, §3, eff. Jan. 1, 2025; Acts 2025, No. 300, §1, eff. June 11, 2025.
La. Rev. Stat. § 40:1501.1 — LA Code / Code revised-statutes / Title 40 / Section 1501.1
Tangipahoa Parish Fire Protection District No. 1
Status: in_force

As an alternative to the provisions of R.S. 40:1501, the governing authority of Tangipahoa Parish Fire Protection District No. 1 may call an election for the purpose of submitting to the qualified electors of the district the question of levying a tax of not more than twenty mills on the dollar for a period of not more than ten years to be used to acquire fire trucks and other fire fighting equipment and for the purpose of maintaining and operating the district's fire protection facilities and paying the cost of obtaining water for fire protection purposes, including charges for fire hydrant rentals and service. The election shall be held in accordance with the provisions of R.S. 18:1281 et seq.

Added by Acts 1977, No. 94, §1; Acts 1998, No. 69, §1, eff. June 24, 1998.
La. Rev. Stat. § 40:2166.10 — LA Code / Code revised-statutes / Title 40 / Section 2166.10
Immunization information; shingles; pneumonia
Status: in_force

A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department of Health shall provide licensed adult residential care providers with educational information on zoster, also known as shingles. The educational information shall include, at a minimum, the risks associated with shingles and how to protect oneself against the varicella-zoster virus. The licensed adult residential care providers shall disseminate this information to their residents.

B. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department of Health shall provide licensed adult residential care providers with educational information on pneumonia. The educational information shall include, at a minimum, the risks associated with pneumonia and the availability of the pneumococcal immunization. The licensed adult residential care providers shall disseminate this information to their residents.

C. Nothing in this Section shall be construed to require any adult residential care provider to provide or pay for any immunization against the varicella-zoster virus or pneumonia.

D. The Louisiana Department of Health shall provide the educational information required by Subsections A and B of this Section through the posting of a link to its website where the information can be downloaded by the licensed adult residential care providers.

Acts 2016, No. 155, §1.
La. Rev. Stat. § 40:971.3 — LA Code / Code revised-statutes / Title 40 / Section 971.3
Misbranding or adulteration of drugs with intent to defraud or mislead
Status: in_force

Any person who violates the provisions of R.S. 40:617 or 636 with respect to any drug, as defined in R.S. 40:602, and with the intent to defraud or mislead shall be imprisoned, with or without hard labor, for not more than five years, or fined not more than ten thousand dollars, or both.

Acts 2017, No. 108, §1.
La. Rev. Stat. § 40:1916 — LA Code / Code revised-statutes / Title 40 / Section 1916
Permit fee; transport registration; personnel qualifications fee
Status: in_force

A. Every dealer shall annually, on or before the first day of the second month following the end of the permit period, pay to the Liquefied Petroleum Gas Commission a permit renewal fee which shall consist of a basic fee of three hundred dollars or a percentage fee of one-half of one percent of the gross annual sales of anhydrous ammonia during the preceding permit year, whichever is greater. A manufacturer of anhydrous ammonia, who is also a dealer within the meaning of this Part, shall not include within the term "gross sales" for the purpose of computing the permit fee as a dealer, those sales of anhydrous ammonia made by such manufacturer to other manufacturers of anhydrous ammonia. No permit nor any renewal thereof shall be issued by the commission except upon the payment of such fee.

B. Any person commencing business as a dealer shall pay the basic permit fee as provided for in this Section, which shall be valid for one calendar year from the date of issue, and shall be renewed annually thereafter as provided in Subsection A of this Section.

C. No tanker truck with a water capacity of one thousand gallons or more shall be used to transport anhydrous ammonia in Louisiana until it has been registered with the Liquefied Petroleum Gas Commission and an annual registration fee of fifty dollars has been paid to the Liquefied Petroleum Gas Commission. Upon payment of the fee, the commission shall issue a registration decal valid for the year of issuance. This registration decal shall be permanently affixed to the truck in a prominent location as provided by the regulations which the commission shall adopt. No dealer shall deliver any anhydrous ammonia from any transport motor vehicle to which a current registration decal is not permanently affixed.

D.(1) All service and installation personnel, fuel personnel, and tank truck drivers employed by a dealer shall have successfully completed the personnel competency test administered by the commission and shall possess a current personnel competency card, which must be renewed annually. Each applicant to take the personnel competency test shall pay to the Liquefied Petroleum Gas Commission a personnel qualification fee of twenty dollars, the payment of which shall entitle him to take the test one time and, upon receipt of a satisfactory score, shall entitle him to a personnel competency card valid for the year in which it is issued. To renew his personnel competency card, each applicant shall pay an annual renewal fee of ten dollars to the Liquefied Petroleum Gas Commission.

(2) The commission may adopt rules to provide agreements with other states regarding examination requirements and accept as their own results the results of the reciprocal state's examination. The commission shall ensure that the reciprocal state's examination contains substantially equivalent requirements. Each participating state in any such reciprocal agreement shall retain its own fee structure regarding examinations and other applicable fees.

E. The Liquefied Petroleum Gas Commission is hereby granted the authority and power to formulate and enforce necessary rules and regulations for the collection of said fees and shall remit all fees collected to the state treasury as provided for in Article VII, Section 9(A) of the Constitution of Louisiana.

F. The Liquefied Petroleum Gas Commission shall use any increase in total fees from truck registrations, competency tests, and competency card renewals provided for in Subsections C and D herein, from Fiscal Year 1999 to Fiscal Year 2000, to reduce the liquefied petroleum gas permit fees authorized by R.S. 40:1849(A). The Liquefied Petroleum Gas Commission shall, prior to January 1, 2000, promulgate rules to this effect. The reduction in liquefied petroleum gas permit fees shall be in an amount equal to or exceeding the increase in such truck registration, competency test, and competency card fees provided for in Subsections C and D herein. The actual 1998-1999 fiscal year sales dollars for permit fee calculations, number of truck registrations, number of competency tests given, and number of competency cards renewed, as provided in this Section, shall be used in calculating the reduction in permit fees. The reduction in permit fees and the increase in truck registration fees, competency test fees, and competency card renewal fees set forth in this Section shall become effective on January 1, 2000.

Amended by Acts 1950, No. 182, §5; Acts 1952, No. 74, §6; Acts 1954, No. 526, §1; Acts 1982, No. 124, §1, eff. Jan. 1, 1983; Acts 1985, No. 795, §1, eff. July 22, 1985; Acts 1990, No. 247, §1; Acts 1993, No. 586, §1; Acts 1999, No. 585, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1356.
La. Rev. Stat. § 40:1113.5 — LA Code / Code revised-statutes / Title 40 / Section 1113.5
Penalty
Status: in_force

Whoever violates the provisions of this Part shall be fined not more than two thousand dollars.

Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.145 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1248.5 — LA Code / Code revised-statutes / Title 40 / Section 1248.5
Powers and duties of parishes; limitations; inspection of provider records
Status: in_force

A. The governing body of a parish may require a local hospital assessment payment authorized by this Subpart from an institutional provider in the parish. The requirement for payment shall be implemented in the manner provided for in this Section.

B. A parish may authorize the collection of a local hospital assessment payment authorized by this Subpart only with an affirmative vote of a majority of the members of the governing body of the parish made at a regular or special meeting held no less than thirty days following publication of a notice in the official journal of the parish of intention to authorize the collection of such payment.

C.(1) A parish that collects a local hospital assessment payment authorized by this Subpart shall require each institutional provider to submit to the parish a copy of any financial and utilization data required by and reported to the department.

(2) A parish that collects a local hospital assessment payment authorized by this Subpart may inspect the records of an institutional provider to the extent necessary to ensure compliance with the requirements of Paragraph (1) of this Subsection.

D.(1) A rural hospital may be included in assessment payments imposed pursuant to this Subpart if the rural hospital and parish enter into a mutual agreement to include the rural hospital.

(2) A governmental hospital may be included in assessment payments imposed in accordance with this Subpart if the governmental hospital and parish enter into a mutual agreement to include the governmental hospital.

(3) If a parish excludes providers pursuant to this Subsection or otherwise, the definition of institutional provider as used in this Section and in R.S. 40:1248.8 shall be read to exclude such excluded providers, and, if necessary, the parish shall be required to work with the department to obtain federal approvals to ensure compliance with 42 U.S.C. 1396b(w).

Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024; Acts 2025, No. 196, §1, eff. June 8, 2025.
La. Rev. Stat. § 40:1046.4 — LA Code / Code revised-statutes / Title 40 / Section 1046.4
Testing; sample collection; minimum standards; reporting; remediation
Status: in_force

A.(1) Each licensee authorized to cultivate, extract, process, produce, and transport therapeutic marijuana pursuant to this Part shall comply with approved minimum standards by making each batch of therapeutic marijuana subject to random selection, sampling, and analysis conducted by an independent approved laboratory collector in a volume sufficient to ensure compliance.

(2) Each therapeutic marijuana laboratory licensed according to this Part shall maintain test results for no less than three years.

(3) The laboratory shall record test results in the Louisiana Medical Marijuana Tracking System and produce a certificate of analysis to be delivered to the Louisiana Department of Health and licensee permitted to cultivate, extract, process, produce, and transport therapeutic marijuana within twenty-four hours of test completion.

B. Each batch of medical marijuana finished product shall pass all applicable testing standards, including appropriate microbial and fungal limits, acceptable standards for pesticide chemical residues, appropriate residual solvent and heavy metals limits, homogeneity for concentrates and extracts, and complete active ingredient analysis or potency analysis prior to transportation to a medical marijuana retail permit holder. The administrative rules of the Louisiana Department of Health shall allow for a variance of no greater than plus fifteen percent or minus fifteen percent from the labeled amount of active ingredients in the ingredient analysis or potency analysis.

C.(1) Neither a licensee nor an approved laboratory authorized pursuant to this Part shall release or approve a therapeutic marijuana product for delivery or sale until a sample from the applicable product batch has complied with all required testing standards.

(2) A licensee may resubmit to an approved laboratory any sample that fails one or more initial tests required by this Part. The sample may be released for delivery and sale only if it passes all tests conducted by an approved laboratory in duplicate. The sample may be remediated according to any reasonably acceptable industry methods if it fails one or more tests conducted by an approved laboratory.

(3) Any remediated sample shall pass remediation testing in duplicate prior to approval for delivery and sale.

(4) A product may be remediated only once, and any product failing remediation testing shall be destroyed within sixty days of the failed test, in addition to the timely destruction of the entire batch from which the sample was collected.

Acts 2022, No. 491, §1; Acts 2024, No. 150, §1, eff. May 22, 2024; Acts 2024, No. 693, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 40:1151.6 — LA Code / Code revised-statutes / Title 40 / Section 1151.6
Physician, health care provider, and licensed emergency medical services practitioner responsibility
Status: in_force

A. Any attending physician who has been notified of the existence of a declaration made under this Subpart or at the request of the proper person as provided in R.S. 40:1151.4 or R.S. 40:1151.5 upon diagnosis of a terminal and irreversible condition of the patient, or who on his own determines the existence of a declaration on file in the registry, shall take necessary steps to provide for written certification of the patient's terminal and irreversible condition, so that the patient may be deemed to be a qualified patient as defined in R.S. 40:1151.1.

B. Any attending physician who refuses to comply with the declaration of a qualified patient or declaration otherwise made pursuant to this Subpart shall make a reasonable effort to transfer the patient to another physician.

C. No provision of this Subpart imposes a duty upon the physician or health care facility to make a search of the registry for the existence of a declaration.

D. If the policies of a health care provider preclude compliance with the declaration of a qualified patient under this Subpart or preclude compliance with the provisions pertaining to a representative acting on behalf of a qualified patient, then the provider shall take all reasonable steps to transfer the patient to a provider with which the provisions of this Subpart can be effectuated.

E. Licensed emergency medical services practitioners shall make a reasonable effort to detect the presence of a do-not-resuscitate identification bracelet on the patient.

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 194, §1; Acts 1991, No. 320, §1; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.58.7 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2025.6 — LA Code / Code revised-statutes / Title 40 / Section 2025.6
Reporting requirements
Status: in_force

A. Each overdose fatality review panel shall submit no later than November first of each year an annual report to the human services district for the parish or parishes served by the review panel. The annual report shall include but not be limited to the following information:

(1) The total number of fatal overdoses that occurred within the jurisdiction of the overdose fatality review panel.

(2) The number of fatal overdose cases investigated by the overdose fatality review panel.

(3) Any recommendations for state and local agencies or the state legislature to assist in preventing fatal and nonfatal overdoses in the state.

(4) Assessable results of any recommendations made by the overdose fatality review panel, including but not limited to changes in local or state law, policy, or funding made as a result of the panel's recommendations.

B. Each human services district shall compile the reports submitted to it from the review panels and submit the compiled report to the Louisiana Department of Health no later than December thirty-first of each year. The compiled report shall also include any additional recommendations from the human services district based on the data received for the region.

C. The Louisiana Department of Health shall analyze each annual report, shall create a single report containing an aggregate of the data received pursuant to this Section, and shall submit the report to the governor and legislature no later than March fifteenth of each year.

D. Reports submitted pursuant to this Section are not confidential and are subject to the Public Records Law.

Acts 2024, No. 498, §1.
La. Rev. Stat. § 40:5.6.1 — LA Code / Code revised-statutes / Title 40 / Section 5.6.1
Safe drinking water; pilot program for water testing at schools; reporting; termination
Status: in_force

A. The Louisiana Department of Health, referred to hereafter in this Section as the "department", shall establish a pilot program for drinking water testing at elementary schools which comports with the requirements and specifications provided in this Section.

B. The department shall select for the pilot program twelve public elementary schools at which to conduct drinking water testing. The department shall select for the pilot program schools with buildings which were built prior to 1986 or which may otherwise be susceptible to drinking water contamination.

C. The office of public health of the department shall conduct drinking water testing on a schedule determined by the state health officer in each school selected for the pilot program. The state health officer shall select the standards for which the office shall test such that the testing is accomplished in a cost-neutral manner.

D. The department shall operate the pilot program in a manner which incurs no additional cost to the department.

E. The department shall report findings and outcomes of the pilot program to the House and Senate committees on health and welfare on or before December thirty-first annually.

F. The provisions of this Section shall terminate on January 1, 2021.

Acts 2018, No. 632, §1.
La. Rev. Stat. § 40:1379.2 — LA Code / Code revised-statutes / Title 40 / Section 1379.2
Civil defense officers' commissions for local civil defense directors; powers and duties
Status: in_force

A. The deputy secretary for public safety services of the Department of Public Safety and Corrections shall issue a special officer's commission from the office of state police through the Military Department, State of Louisiana, to each director of a local organization for civil defense appointed under the provisions of R.S. 29:608 which shall be termed a civil defense officer's commission. Such civil defense officer's commission shall be valid only during emergency situations in which the assistance of the civil defense organization is necessary.

B. The civil defense officer shall have the same powers and duties as a peace officer except for the power to arrest or utilize a weapon in carrying out his duties; provided, however, that when not performing those tasks directly related to the civil defense officer's commission, he shall be regarded as a private citizen and his commission shall not be in effect.

C. The deputy secretary of the Department of Public Safety may promulgate and adopt regulations providing with respect to the issuance and use of a civil defense officer's commission which shall not be inconsistent with the duties of a civil defense director. Every civil defense officer's commission issued under the provisions of this Section shall expire whenever any person who has received such commission ceases to be the director of a local organization for civil defense appointed under the provisions of R.S. 29:608.

Added by Acts 1978, No. 324, §1; Acts 1990, No. 2, §3, eff. July 1, 1990.
La. Rev. Stat. § 40:1119.1 — LA Code / Code revised-statutes / Title 40 / Section 1119.1
Tuberculosis testing for admission to nursing homes
Status: in_force

Any person applying for admission to a nursing home, as defined in R.S. 40:2009.2(1), shall be screened, according to guidelines established by the Louisiana Department of Health, for tuberculosis prior to admission. If the results of the screening are positive, the person shall consult with his treating physician and the nursing home administrator of the nursing home that he is applying to to determine if admission to such nursing home is in the best interest of the applicant as well as other patients residing in such nursing home.

Acts 1992, No. 423, §1; Redesignated from R.S. 40:1300.31 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1851.1 — LA Code / Code revised-statutes / Title 40 / Section 1851.1
Propane education and research monies
Status: in_force

A. Any other donations, grants, or joint or coordinated assessments received or collected pursuant to Chapter 90 of Title 15 of the United States Code and received by the commission shall be deposited into the separate interest-bearing account as provided in R.S. 40:1851(E) and such monies shall be used exclusively for the purposes as provided in this Section.

B. Monies received or collected under the provisions of this Section shall only be used to enhance consumer and employee safety and training, to provide for research and development of clean and efficient propane utilization equipment, or to inform and educate the public about safety and other issues associated with the use of propane.

Acts 1998, 1st Ex. Sess., No. 127, §1, eff. May 5, 1998.
La. Rev. Stat. § 40:490 — LA Code / Code revised-statutes / Title 40 / Section 490
Tax exemption
Status: in_force

A. All evidences of indebtedness of an authority are issued for a public purpose, are public instrumentalities, and, together with the interest and income thereon, are exempt from taxes. An authority is exempt from the payment of any taxes or fees to the state or any subdivision thereof or to any officer or employee of the state or any subdivision thereof. The property of an authority is exempt from all taxes of the municipality or parish and from all other local taxes.

B. However, except in the parish of East Baton Rouge, unless otherwise provided in Subsection C of this Section, the municipality or parish may:

(1) Fix a sum which shall be paid to it annually by an authority for each housing project located therein;

(2) Agree with an authority or government upon the sum to be paid by the authority for any year or years for a housing project or projects located therein;

(3) Accept or agree to accept a fixed sum or other consideration in lieu of any such payment for any year or years; or

(4) Agree that the authority shall not pay or be liable to pay any sum for housing projects located therein.

C. Notwithstanding the provisions of Subsection B of this Section, the parish of East Baton Rouge and any municipality or school board in that parish may exercise any of the powers granted in Subsection B of this Section. A housing authority in the parish of East Baton Rouge shall make payments in lieu of taxes to a school district in which the housing authority is located.

Amended by Acts 1985, No. 317, §1, eff. July 9, 1985; Acts 2003, No. 1163, §1; Acts 2011, 1 st Ex. Sess., No. 12, §1, eff. June 12, 2011.
La. Rev. Stat. § 40:1508 — LA Code / Code revised-statutes / Title 40 / Section 1508
Limitation of authority to levy fire service charge without vote of electorate; 1992 Regular Session
Status: in_force

A. Notwithstanding any Act of the 1992 Regular Session of the Legislature, no governing authority of a fire protection district manned with any volunteer fireman may, solely by majority vote of the authority, without approval by a vote of the electorate of the district, levy a fire service charge of more than one dollar for each housing unit within a hotel or motel. Further, for the purposes of levying any fire service charge authorized by any Act of the 1992 Regular Session without approval by a vote of the electorate of the district, no residential unit within a structure or individual housing unit within a multiple dwelling structure may be considered a separate structure, rather the entire structure containing the residence or housing unit shall be considered as one structure.

B. This Section shall supersede any Act of the 1992 Regular Session of the Legislature to the extent that the provisions of this Section conflict with the provisions of such Act.

Acts 1992, No. 610, §2, eff. July 2, 1992.
La. Rev. Stat. § 40:1131.2 — LA Code / Code revised-statutes / Title 40 / Section 1131.2
Immunity from civil damages
Status: in_force

No parish, specialty, component, or state medical society or organization, or its designee, which is statutorily mandated by this Chapter to participate without compensation or gratuitously participates in an emergency services system, nor any committee of such parish, specialty, component, or state medical society or organization, including the individual members of such committee, or its designee, shall be liable for any civil damages as a result of any act or omission in the performance of their administrative duties or donated services with such emergency services system, including, without limitation, advice, instructions, or other duties regarding policy, protocol, administration, and efficiency of the emergency medical services system. The immunity extended to a parish, specialty, component, or state medical society or organization, or any committee thereof, including the individual members of such committee, including their insurers, or its designee, shall not be applicable for willful or wanton acts or omissions. The immunity extended herein shall be applicable only to an action brought by the person damaged as a result of the performance of any administrative duties or donated services rendered pursuant to the provisions of this Section.

Added by Acts 1979, No. 554, §2. Amended by Acts 1990, No. 428, §1; Acts 1997, No. 913, §2; Redesignated from R.S. 40:1231.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2017.8 — LA Code / Code revised-statutes / Title 40 / Section 2017.8
Administration of oaths and taking of testimony
Status: in_force

The secretary, the general counsel, the personnel officer in the central office, and all superintendents and business administrators shall have the power to administer oaths and take testimony of witnesses anywhere in the state on matters relating to the business of the department.

Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §53.
La. Rev. Stat. § 40:977 — LA Code / Code revised-statutes / Title 40 / Section 977
Order forms
Status: in_force

Controlled dangerous substances in Schedules I and II shall be distributed only pursuant to an order form.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1.
La. Rev. Stat. § 40:1422 — LA Code / Code revised-statutes / Title 40 / Section 1422
Insurance fraud investigation unit; powers and duties
Status: in_force

A. There is hereby created an insurance fraud investigation unit in the Department of Public Safety and Corrections, public safety services, office of state police, and the unit shall be solely dedicated to the investigation of property and casualty, worker's compensation, life, and health insurance fraud. The purposes of this unit shall be to:

(1) Initiate independent inquiries and conduct independent investigations into allegations of insurance fraud in any municipality or parish of the state of Louisiana and perform other related law enforcement duties.

(2) Respond to notification or complaints alleging insurance fraud generated by federal, state, and local police, other law enforcement authorities, governmental agencies or units, and any other person.

(3) Review notices and reports of insurance fraud, select the incidents of suspected fraud that, in its judgment, require further detailed investigation, and conduct the investigations.

B. The insurance fraud investigation unit shall have the authority to:

(1) Issue subpoenas to examine any person under oath and to compel the production of records, books, papers, contracts, and other documents. Subpoenas shall be served in the same manner as if issued by a district court. If any person fails to obey a subpoena issued and served pursuant to this Subsection, upon application of the insurance fraud investigation unit, the Nineteenth Judicial District Court or the district court in the judicial district where the subpoena was served may issue an order requiring the person to comply with the subpoena. Any failure to obey the order of the court may be punished by the court as contempt.

(2) Administer oaths and affirmation.

(3) Share records and evidence with federal, state, or local law enforcement or regulatory agencies.

(4) Make criminal referrals to prosecuting authorities. The district attorney of the judicial district where a criminal referral has been made shall, for the purpose of assisting in such prosecution, have the authority to appoint as special deputy district attorneys, licensed attorneys in the employment of the insurance fraud investigation unit. The district attorney shall have the right and discretion to proceed against any person or organization on criminal referrals.

(5) Conduct investigations outside of this state. If the information the fraud unit seeks to obtain is located outside this state, the person from whom the information is sought may make the information available to the fraud unit to examine at the place where the information is located. The fraud unit may designate representatives, including officials of the state in which the matter is located, to inspect the information on behalf of the fraud unit, and the fraud unit may respond to similar requests from officials of other states.

C. The police employees of the unit shall have the same duties and powers as are provided for other police employees of the office in R.S. 40:1379 and such other duties as are assigned by the deputy secretary of public safety services of the Department of Public Safety and Corrections. The police employees of the unit shall complete the National Insurance Crime Training Academy, phases 1, 2, and 3, and Fraud Claims Law Specialist program, within the first two years of assignment to the unit.

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2010, No. 1013, §2, eff. July 1, 2010.
La. Rev. Stat. § 40:1183.1 — LA Code / Code revised-statutes / Title 40 / Section 1183.1
Short title
Status: in_force

This Part may be cited as the "Federally Qualified Health Center Preservation Act".

Acts 1997, No. 1473, §1; Redesignated from R.S. 40:1300.131 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1257.1 — LA Code / Code revised-statutes / Title 40 / Section 1257.1
Definitions
Status: in_force

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

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

(2) "Healthcare provider" means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution that provides healthcare or professional services to individuals enrolled in the Medicaid program.

(3) "Medicaid" means the medical assistance program provided for in Title XIX of the Social Security Act.

(4) "Nonemergency medical transportation" and "NEMT" mean transportation provided to a Medicaid beneficiary to or from a medically necessary Medicaid-covered service. The term shall not include any nonemergency or other type of transportation by ambulance.

Acts 2022, No. 638, §1.
La. Rev. Stat. § 40:1578.1 — LA Code / Code revised-statutes / Title 40 / Section 1578.1
Board of review
Status: in_force

A. A board of review shall be established to evaluate alternatives to fire prevention or protection laws and regulations established by the fire marshal when a request of review is properly submitted. The board of review shall not have the power to waive fire prevention and protection requirements, but shall determine whether the suggested alternative provides equivalent or better protection within the context of the intent of the law. The board of review shall be composed of the following membership:

(1) One chief of a fire department which is predominantly volunteer;

(2) One chief of a fire department with predominantly full-time personnel;

(3) One registered architect;

(4) One registered engineer;

(5) One individual representing building owners-managers interests;

(6) One individual representing mercantile-industrial interests;

(7) One representative of the Louisiana Rating and Fire Prevention bureau selected by the bureau;

(8) Two individuals to represent the general public who have no vested interests directly or indirectly in the construction industry, or the ownership or management of commercial buildings; and

(9) One representative of the fire marshal's office, ex officio and non voting selected by the fire marshal;

(10) The fire marshal, ex officio and non voting.

Those members designated in Paragraphs 1 through 6 shall be appointed by the governor for a term of four years. A voting member of the board shall be elected by its membership as chairman for a term of one year.

B. Five members of the board shall constitute a quorum. No board member shall act in any case in which he has a personal pecuniary interest.

C. A complete record shall be made of all proceedings before the board including a complete verbatim transcript of all testimony; upon appeal of a decision of the board or the fire marshal after review to a court of competent jurisdiction, the record made of the proceeding before the board shall be the only record allowed in the appeal to the court which shall not try the matter de novo but only as an appeal. All decisions shall include reasons for the decisions. The vote of each member participating shall be recorded.

D. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of this part of the Administrative Procedure Act, R.S. 49:950 et seq. The board shall meet at regular intervals to be determined by the chairman, or in any event, the board shall meet within ten days after notice of review has been received. The board shall issue a decision within a period of twenty days after the board meets on such matter.

E. Members of the board who are not ex officio members shall receive a per diem of fifty dollars per day plus actual and reasonable expenses incurred in the performance of the duties imposed upon them by the provisions of this Act.

F. In order to stagger terms of the board membership, the chiefs of the volunteer and full paid fire departments shall originally be appointed for a period of one year; the registered engineer and architect for two years; and the owners-managers member and mercantile industrial member for three years. Thereafter, all members shall serve a term of four years.

Added by Acts 1974, No. 236, §1.
La. Rev. Stat. § 40:1568.2 — LA Code / Code revised-statutes / Title 40 / Section 1568.2
Investigation of fires; duty to disclose by insurance companies, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association and the Louisiana Insurance Underwriting Association; protection from liability
Status: in_force

A.(1) In the course of an examination of a fire of suspicious origin, conducted pursuant to R.S. 40:1568 or other lawful authority, the fire marshal or his authorized representative or any lawfully constituted law enforcement agency or investigative unit of any lawfully constituted fire department may request any insurance company investigating a loss of immovable or movable property, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association to release any information in its possession relative to that loss.

(2) The company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association shall release the information and cooperate with the investigating officer requesting such information.

(3) The information shall include but is not limited to:

(a) Any insurance policy relevant to a loss under investigation and any application for such a policy.

(b) Policy premium payment records.

(c) History of previous claims made by the insured for fire loss; and

(d) Material relating to the investigation of the loss including statements of any person, proof of loss, and any other relevant evidence.

B. An insurance company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association having reason to believe that a loss to its insured's real or personal property was caused by incendiary means shall notify the fire marshal, and may additionally notify the chief executive officer of a lawfully constituted law enforcement agency or fire department, and furnish him or them with all relevant material acquired during its investigation of the loss, cooperate with and take such action as may be requested of it by any law enforcement agency, and permit any person ordered by a court to inspect any of its records pertaining to its policy and the loss.

C. No person who furnishes information on behalf of an insurance company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association is or shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement or statements made or any other action taken to supply information required pursuant to this Section, and all such insurance companies, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, the Louisiana Insurance Underwriting Association, and persons shall be granted civil and criminal immunity for any such information furnished in good faith in the absence of fraud or malice to the fire marshal or law enforcement agency or fire department during the course of the investigation.

D.(1) Investigating officers and other state officials receiving information furnished pursuant to this Section shall hold the information in confidence until such time as its release is required pursuant to criminal or civil proceedings.

(2) The fire marshal, his authorized representative, or the appropriate law enforcement or fire department officials and personnel may be required to testify as to any information in his or their possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company, the Property Insurance Association of Louisiana, the Louisiana Joint Reinsurance Association, and the Louisiana Insurance Underwriting Association for the fire loss.

Added by Acts 1978, No. 488, §1. Acts 1984, No. 226, §1.
La. Rev. Stat. § 40:502 — LA Code / Code revised-statutes / Title 40 / Section 502
Differing criteria, requirements, or standards
Status: in_force

Nothing contained in this Chapter shall limit the ability of any local housing authority to establish and apply different criteria or requirements with respect to admissions and occupancy, to utilize different methods of establishing and charging rents, or to impose different occupancy standards for different developments or portions thereof or with respect to recipients of assistance in any program designed or intended to differentiate between individual recipients on the basis of their circumstances, actions, or characteristics.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:3.1 — LA Code / Code revised-statutes / Title 40 / Section 3.1
Confidentiality of public health investigations; prohibited disclosure and discovery; civil penalties
Status: in_force

A. All records of interviews, questionnaires, reports, statements, notes, and memoranda procured by and prepared by employees or agents of the office of public health or by any other person, agency, or organization acting jointly with that office, including public or private colleges and universities, in connection with special morbidity and mortality studies and research investigations to determine any cause or condition of health, and any documents, records, or other information produced or given to the state health officer in response to a court order issued pursuant to R.S. 40:8, hereinafter referred to as "confidential data", are confidential and shall be used solely for statistical, scientific, and medical research purposes relating to the cause or condition of health, or for the purposes of furthering an investigation pursuant to R.S. 40:8, except as otherwise provided in this Section.

B. All confidential data shall be made available to the state health officer when necessary for the purpose of controlling nuisances dangerous to the public health, including but not limited to communicable, contagious, and infectious diseases, as well as illnesses, diseases, and genetic disorders or abnormalities.

C. The office of public health shall promulgate rules and regulations in accordance with the Administrative Procedure Act to specify the extent to which confidential data may be disclosed to other local, state, or federal public health or environmental agencies, or to corroborating medical researchers, when the confidential information is necessary to carry out the duties of the agency or researcher in the investigation, control, or surveillance of disease, as determined by the office of public health.

D. Any disclosure authorized by Subsection C of this Section shall include only the information necessary for the stated purpose of the requested disclosure, and shall be made only upon written agreement that the information will be kept confidential and will not be further disclosed without written authorization of the office of public health.

E. The furnishing of confidential data in accordance with this Section, including the furnishing or production of documents, records, or other information in good faith in compliance with a court order issued pursuant to R.S. 40:8, shall not expose any person, agency, or entity furnishing data to liability and shall not be considered to be the violation of any privileged or confidential relationship.

F. No part of the confidential data in the possession of the office of public health or the state health officer shall be available for subpoena nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall such records be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.

G. Any person who intentionally discloses the content of any confidential data to any third party, except as authorized in this Section, shall be subject to a civil penalty in an amount not less than one thousand dollars and not more than five thousand dollars plus court costs, which shall be paid to the person whose record was unlawfully disclosed. Nothing in this Section shall prevent a person damaged by an unauthorized intentional disclosure from collecting civil damages to the extent of any actual damages suffered because of such a disclosure.

H. Nothing in this Section shall prohibit the publishing by the office of public health of statistical compilations relating to morbidity and mortality studies which do not identify individual cases and sources of information or religious affiliations.

Acts 1990, No. 59, §1, eff. July 26, 1990; Acts 1999, No. 667, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2121 — LA Code / Code revised-statutes / Title 40 / Section 2121
Citation
Status: in_force

This Part shall be known and may be cited as the Exceptional Children's Act.

Acts 1981, No. 673, §1.
La. Rev. Stat. § 40:2532 — LA Code / Code revised-statutes / Title 40 / Section 2532
Release of personal information
Status: in_force

No person, agency, or department shall release to the news media, press or any other public information agency, a law enforcement officer's home address, photograph, or any information that may be deemed otherwise confidential, without the express written consent of the law enforcement officer, with respect to an investigation of the law enforcement officer.

Acts 1985, No. 425, §1.
La. Rev. Stat. § 40:45 — LA Code / Code revised-statutes / Title 40 / Section 45
Preparation of birth certificates; by whom made
Status: in_force

A. When a birth occurs in a hospital where prior arrangements for delivery had been made or in route thereto, the person in charge of the institution or his or her designated representative shall obtain, or make a reasonable effort, as defined in R.S. 40:44, to obtain the personal data, prepare the certificate, secure, or make a reasonable effort, as defined in R.S. 40:44, to secure the signatures required, and file the certificate as directed in R.S. 40:44. The physician or other person in attendance shall provide the medical information required by the certificate and certify to the facts of birth within seven days after the birth. If the physician, or other person in attendance, does not certify to the facts of birth within the seven day period, the person in charge of the hospital shall complete and sign the certificate.

B. For births occurring outside of hospitals, the certificate shall be prepared and filed by the physician, midwife, or other person in attendance at the birth, or, if not so attended, by one of the parents who shall file it with the local registrar. If neither of the parents of the newborn child, unattended by either physician or midwife, is able to prepare a birth certificate, the local registrar shall secure the necessary information from either of them or from any person having direct knowledge of the birth and prepare and file the certificate in accordance with duly promulgated regulation as provided in R.S. 40:33(C).

C. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. Such registration shall further comply with duly promulgated regulation as provided in R.S. 40:33(C).

D. Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within five days to the vital records registry the following information:

(1) The date and place of finding.

(2) The sex, race, and approximate birth date of child.

(3) The name and address of the person or institution with whom the child has been placed for care.

(4) The name given to the child by the custodian of the child; or

(5) The other data required by the state registrar through regulations.

E. The place where the child was found shall be entered as the place of birth.

F. A report registered under this Section shall constitute the certificate of birth for the child.

G. If the child is identified and a certificate of birth is later found or obtained, the report registered under this Section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.

Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 1991, No. 820, §1.
La. Rev. Stat. § 40:1667.11 — LA Code / Code revised-statutes / Title 40 / Section 1667.11
Furlough
Status: in_force

Furlough of an individual due to a state of emergency declared by a federal, state, parish, or municipal official shall not affect the individual's eligibility to receive additional pay out of state funds as provided in this Part.

Acts 2022, No. 637, §1.
La. Rev. Stat. § 40:539 — LA Code / Code revised-statutes / Title 40 / Section 539
Selection of chairman and vice chairman; executive director; hiring of employees
Status: in_force

A.(1) The mayor of the municipality or the governing body of the parish, as the case may be, shall designate the first chairman of the municipality or parish authority, but thereafter the authority shall select a chairman from among its commissioners.

(2) The authority shall also select a vice chairman from its commissioners.

B. Every regional or consolidated housing authority shall elect a chairman from among its commissioners. The commissioners may select any other officers which the authority requires.

C.(1) The authority shall select a secretary who shall be the executive director and chief executive and administrative officer of the authority. The authority shall enter into an employment contract with the executive director for a term not to exceed five years. The employment contract shall fix the compensation of the executive director and such other terms of employment as the authority may determine.

(2) The executive director shall employ such housing authority staff and employees, permanent and temporary, as shall be necessary to carry out the functions of the authority. The executive director shall determine the qualifications, duties, and compensation of the employees of the authority. The executive director shall have authority over termination of employment. In carrying out his functions and responsibilities, the executive director shall be subject to applicable civil service laws, rules, and regulations and policies of the authority.

(3) The executive director shall exercise administrative supervision over all employees of the authority, and all employees of the authority shall be responsible to the executive director for the accomplishment of their duties. The executive director shall organize the personnel of the authority in the most efficient manner to accomplish the purposes of the authority.

(4) Housing authority staff and employees shall consist of professional, technical, administrative, and clerical personnel necessary to carry out the purposes and objectives of the housing authority.

(5) The authority, after receiving the recommendations of the executive director, may employ its own counsel and legal staff to perform any legal services it may require. Also, any authority, municipality, or parish may call upon the principal legal officer of the municipality, or parish, as the case may be, for any legal services which it requires.

(6) The authority may arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for or in connection with its developments or the occupants thereof. Notwithstanding anything to the contrary contained in this Chapter or in any other provision of law, the authority may agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of developments, and may include in any contract awarded or entered in connection with a development, stipulations requiring that the contractor and all subcontractors comply with the requirements as to minimum salaries, wages, and maximum hours of labor, and comply with any conditions attached to the financial aid of the development.

(7) The authority may employ accountants, appraisers, technical experts, and such other officers, agents, and employees, as it may require and shall determine their qualifications, duties, compensation, and term of office. A local housing authority may delegate to one or more of its agents or employees such powers and duties as it may deem proper. With respect to the employment of its staff, a local housing authority shall enjoy the exemptions contained in R.S. 40:406.

(8)(a)(i) Except as provided in the Constitution of Louisiana and Item (ii) of this Subparagraph and as may otherwise be authorized by the State Civil Service Commission, all employees of the authority, except authority members, the executive director, and one other employee whom the authority shall designate and employ, and except professional employees employed on a contract basis, shall be in the classified state civil service.

(ii) Notwithstanding any provision of law to the contrary, a housing authority may, upon determining that it should not be considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana and therefore that the employees of such authority shall not be included in the state civil service, adopt a resolution to that effect and transmit a certified copy of the resolution by certified mail to the director of the Department of State Civil Service. The resolution shall be given effect upon the director's receipt.

(b) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Housing Authority of New Orleans shall not be considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(c) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Cottonport Housing Authority shall not be considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(d) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the housing authority of Denham Springs shall not be considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(e) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Housing Authority of the Town of Oil City shall not be considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(f) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Housing Authority of the City of Lafayette shall not be considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(g) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the East Baton Rouge Parish Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(h) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Monroe Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana and employees of the authority shall not be included in the state civil service.

(i) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Housing Authority of the City of Shreveport shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(j) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Kenner Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(k) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Simmesport Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(l) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Bunkie Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(m) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Colfax Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(n) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Kinder Public Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(o) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Berwick Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(p) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Morgan City Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(q) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Delcambre Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(r) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the Gueydan Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(s) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any other law to the contrary, the White Castle Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

(t) Notwithstanding Subparagraph (a) of this Paragraph or of any other law to the contrary, the New Roads Public Housing Authority shall not be considered an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and employees of the authority shall not be included in the state civil service.

Acts 1997, No. 1188, §1; Acts 2008, No. 101, §1, eff. June 9, 2008; Acts 2013, No. 75, §1; Acts 2014, No. 827, §1; Acts 2015, No. 95, §1; Acts 2016, No. 127, §1; Acts 2018, No. 22, §1; Acts 2020, No. 15, §1; Acts 2020, No. 145, §1; Acts 2020, No. 170, §1; Acts 2020, 2nd Ex. Sess., No. 14, §1; Acts 2021, No. 70, §1; Acts 2021, No. 172, §1; Acts 2022, No. 107, §1; Acts 2023, No. 139, §1, eff. June 7, 2023; Acts 2023, No. 186, §1, eff. June 8, 2023; Acts 2023, No. 195, §1, eff. June 8, 2023; Acts 2024, No. 201, §1; Acts 2024, No. 294, §1, eff. May 28, 2024; Acts 2024, No. 297, §1, eff. May 28, 2024; Acts 2024, No. 342, §1, eff. May 28, 2024; Acts 2024, No. 433, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:2241 — LA Code / Code revised-statutes / Title 40 / Section 2241
Definitions
Status: in_force

A. For the purposes of this Part, "essential community providers" means health care providers who have historically served medically needy or indigent patients, including each of the following:

(1) Federally qualified health centers.

(2) Rural health clinics.

(3) Hospitals owned or operated by the state.

(4) Community health centers.

(5) Small rural and service district hospitals.

(6) Physicians who have historically served Medicaid and indigent patients.

(7) Children's hospital as defined by 42 CFR Section 412.23(d).

B. Essential community providers shall include only those providers who are licensed, certified, and enrolled as available to participate in the Medicaid program.

C. Essential community providers shall not include any health care providers who have been convicted of fraud against the Medicaid program.

D. Essential community providers shall meet all quality assurance standards required by the Louisiana Department of Health and the United States Department of Health and Human Services for participation in the Medicaid program and any waiver program approved for the Medicaid program.

Acts 1995, No. 1187, §1, eff. June 29, 1995; Acts 1997, No. 3, §5, eff. July 1, 1997.
La. Rev. Stat. § 40:1075.2 — LA Code / Code revised-statutes / Title 40 / Section 1075.2
Legislative intent
Status: in_force

The legislature finds and declares that:

(1) Traumatic injuries, such as automobile accidents, bicycle accidents, drownings, and poisonings, are the most common cause of death in children over the age of one, and children have a high death rate in these emergency situations.

(2) Children react differently than adults to stress, metabolize drugs differently, and suffer different illnesses and injuries. Because of these differences, children's emergency medical needs should be recognized.

(3) Emergency medical services training programs focus on adults and, therefore, offer fewer hours of pediatric training. In addition, many emergency medical services personnel have no clinical experience with children, indicating the need to improve training of these personnel in pediatric emergencies.

(4) It is the public policy of this state that children are entitled to comprehensive emergency medical services, including pre-hospital, hospital, and rehabilitative care.

Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.102 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:472 — LA Code / Code revised-statutes / Title 40 / Section 472
Powers of housing authority; securing payment of bonds or lease obligations
Status: in_force

A. In connection with the issuance of bonds or the incurring of obligations and in order to secure the payment of such bonds or obligations, a housing authority may:

(1) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or thereafter comes into existence.

(2) Mortgage its real or personal property, then owned or thereafter acquired.

(3) Covenant and agree against pledging all or any part of its returns, fees, and revenues, or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property.

(4) Covenant and agree with respect to limitations on its right to sell, lease, or otherwise dispose of any development or any part thereof.

(5) Covenant and agree as to what other or additional debts or obligations may be incurred by it.

(6) Covenant and agree as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof.

(7) Provide for the replacement of lost, destroyed, or mutilated bonds.

(8) Covenant and agree against extending the time for the payment of its bonds or interest thereon.

(9) Redeem the bonds and covenant for their redemption and provide the terms and conditions thereof.

(10) Covenant and agree, subject to the limitations of this Chapter, as to the rents and fees to be charged in the operation of a development or developments, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made thereof.

(11) Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of the monies held in such funds.

(12) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the minimum required amount of bonds that must be held by holders consenting to an amendment or abrogation in order to authorize the same, and the manner in which such consent may be given.

(13) Covenant and agree as to the use, maintenance, and replacement of its real and personal property, the insurance to be carried thereon and the use and disposition of insurance monies.

(14) Covenant and agree as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation.

(15) Covenant, agree, and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

(16) Vest in a trustee or trustees of the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds.

(17) Vest in a trustee or trustees the right, in the event of a default by the authority, to take possession and use, operate, and manage any housing development or part thereof, and to collect the rents and revenues arising therefrom and to dispose of such monies in accordance with the agreement of the housing authority with the trustee.

(18) Provide for the powers and duties of the trustee and to limit their liabilities.

(19) Provide the terms and conditions upon which the trustee or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds.

(20) Purchase letters of credit, bond insurance, or any other credit enhancement device that would establish or increase marketability of its bonds.

(21) Pay its obligations with income, revenues, or loan repayments of the development financed with the proceeds of such obligations, or with such proceeds together with a grant from the federal government, or this state, or any public agency thereof, in aid of such development.

(22) Exercise all or any part or combination of the powers granted in this Section.

(23) Make covenants and agreements other than and in addition to the covenants expressly authorized in this Section, of like or different character.

(24) Make any covenants and agreements and do any acts and things necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of said authority, to assure the marketability of its bonds, although the covenants, acts or things are not enumerated in this Section.

B. A local housing authority may waive any one or more of the powers stated in this Section; however, any such waiver shall be by resolution duly adopted by the affirmative vote of a majority of the board, which resolution shall set forth the particular circumstances which, in the judgment of the housing authority warrant such waiver.

Amended by Acts 1950, No. 401, §16; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:5.7 — LA Code / Code revised-statutes / Title 40 / Section 5.7
Sanitary inspections of individual, privately owned water wells; fees
Status: in_force

The office of public health of the Louisiana Department of Health is authorized to establish a fee of seventy-five dollars for the collection and analysis of bacteriological water samples from individual, privately owned water wells, only at the request of the owner.

Acts 1990, No. 213, §1.
La. Rev. Stat. § 40:600.32 — LA Code / Code revised-statutes / Title 40 / Section 600.32
Legislative findings
Status: in_force

The legislature finds that:

(1) Hurricanes Katrina and Rita destroyed thousands of residential housing units in the state of Louisiana, left thousands of residential housing units in the state substantially damaged in areas that must be repopulated to restore the economic base both of the core disaster areas and of the state, and created an unprecedented housing shortage throughout the state.

(2) Significant numbers of displaced residents from core disaster areas who were homeowners may fail to return to their neighborhoods or may be unwilling to make the investment to restore and occupy their housing units if other previously occupied housing units within such neighborhoods become blighted or remain uninhabitable and are permitted to deteriorate by neglect.

(3) In the aftermath of Hurricanes Katrina and Rita where thousands of Louisiana residents have been forced to find temporary housing outside of the state and which exodus from the state poses a serious threat to the economic stability of the state and local governmental subdivisions, the existence of blighted and uninhabitable housing units will stagnate reinvestment by property owners wanting to rebuild and will have a negative impact on livability in neighborhoods and communities. The existence of such blighted and uninhabitable housing creates public health problems, diminishes the property values of neighboring properties, has a negative effect on the quality of life of adjacent property owners, increases the risk of property damage through arson and vandalism, and discourages neighborhood stability and revitalization.

(4) Many blighted and abandoned residential housing properties should be rehabilitated and preserved to maintain the character of neighborhoods and simultaneously provide an opportunity to local governmental subdivisions to arrange for the renovation or rehabilitation of such residential housing properties to help alleviate the unprecedented housing crisis throughout the state.

(5) Local governmental subdivisions and their instrumentalities must be provided an additional tool in order to access and invest funds to renovate abandoned, blighted, and uninhabitable housing units within a judicially approved framework so that: (a) neighborhoods are not negatively impacted by blighted and abandoned properties; (b) owners will be assured that neighborhoods are safe places to live and that their reinvestment in rebuilding will not be devalued by the negative influence of blighted and abandoned properties in their neighborhood; (c) decent, safe, sanitary, and affordable housing may be provided to displaced persons and other priority tenants; (d) the statewide housing crisis may be alleviated; and (e) the substantial delays associated with blighted property may be avoided.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:1636 — LA Code / Code revised-statutes / Title 40 / Section 1636
Out-of-state sales
Status: in_force

Nothing in this Act* shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements set forth in this Act if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

Acts 2007, No. 409, §1, eff. Aug. 31, 2009.

*Acts 2007, No. 409
La. Rev. Stat. § 40:2267.6 — LA Code / Code revised-statutes / Title 40 / Section 2267.6
Martin Bofill "Bo" Duhé Acadiana Criminalistics Laboratory building
Status: in_force

Notwithstanding any other law to the contrary, the Acadiana Criminalistics Laboratory Commission is hereby authorized to name the new Acadiana Criminalistics Laboratory building the Martin Bofill "Bo" Duhé Acadiana Criminalistics Laboratory in honor of District Attorney Martin Bofill "Bo" Duhé.

Acts 2025, No. 57, §1, eff. June 4, 2025.
La. Rev. Stat. § 40:2718 — LA Code / Code revised-statutes / Title 40 / Section 2718
Permits
Status: in_force

A. A person may not operate a tanning facility without a current and valid permit to operate the facility that is issued by the department.

B. The permit shall be displayed in an open public area of the tanning facility.

C. On receipt of an application or forms provided by the department for this purpose and renewal fees, permits shall be renewed annually by the department.

D. The department by rule may adopt a system under which permits expire on various dates during the year. As part of this system the annual renewal fees may be prorated on a monthly basis to reflect the actual number of months the permit is valid.

E. The department may revoke, cancel, suspend, or probate a permit to operate a tanning facility for any of the following reasons:

(1) Failure to pay a permit fee or an annual renewal fee for a permit.

(2) The applicant obtained or attempted to obtain a permit by fraud or deception.

(3) A violation of any of the provisions of this Chapter.

(4) A violation of a rule or regulation of the department adopted pursuant to this Chapter.

Acts 1990, No. 587, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:612 — LA Code / Code revised-statutes / Title 40 / Section 612
Contaminated food; permit control
Status: in_force

Whenever the department finds, after investigation, that the distribution of any class of food may, by reason of contamination with microorganism during the manufacture, processing, or packing thereof, is injurious to health, and such injurious nature cannot be adequately determined after the articles have entered state commerce, it may then, and in that case only, promulgate regulations, governing the conditions of manufacture, processing, or packing for such temporary periods of time as may be necessary to protect the public health. Thereafter, no manufacturer, processor, or packer of that class of articles shall introduce into state commerce any such food unless he holds an unsuspended, valid permit issued by the department as provided by the regulations.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2825 — LA Code / Code revised-statutes / Title 40 / Section 2825
Use of Drinking Water Revolving Loan Fund
Status: in_force

A.(1) All monies within, credited to the accounts of, or to be received by the drinking water loan fund, including sums to be received pursuant to letters of credit, shall be expended, committed, or pledged in a manner consistent with the terms and conditions of the grants and other sources of said deposits, credits, and letters of credit and as provided in federal and state law.

(2) Such funds may be used:

(a) To provide financial assistance, to the extent authorized under state law, for the planning, design, construction, and rehabilitation of both publicly and privately owned community water systems, and of nonprofit non-community water systems, which systems are included on the state project priority list contained within the Intended Use Plan.

(b) To provide financial assistance for the acquisition of real property or interests therein, only when such acquisition is integral to a project otherwise authorized by this Chapter, and the purchase is from a willing seller at a fair market value.

(c) To provide loans at or below market interest rates, including interest free loans, for a period not to exceed twenty years from the completion date of the construction of a project so financed; however, loans made for projects for a disadvantaged community may have a period of up to thirty years if such loan period does not exceed the expected design life of the project. All such loans shall be subject to approval by the Louisiana Department of Health, office of public health.

(d) To purchase or refinance, at an interest rate that is less than or equal to the market interest rate, debt obligations incurred after July 1, 1993, for projects for public water systems owned by a governmental agency, public corporation, or public trust within the state.

(e) To guarantee or purchase insurance for debt obligations, if the total proceeds of which debt obligation support a project eligible for assistance under this Chapter, if such guarantee or purchase of insurance would improve credit market access or reduce the interest rate applicable for the obligation.

(f) To provide a source of revenue or security for the payment of principal, interest, or premium on revenue or general obligation bonds or other evidences of indebtedness issued by the Louisiana Department of Health, or any governmental agency, public corporation, public trust, or any other entity having the authority to issue debt for or on behalf of the state, if the net proceeds of such debt instruments are deposited in the drinking water loan fund, or are used to finance a project approved by the Louisiana Department of Health, office of public health, or are used to refund any obligation which finances a project approved under this Chapter.

(g) To provide loan subsidies to disadvantaged communities or to communities expected to become disadvantaged as a result of a proposed water system project; however, the total value of all such subsidies granted in any year shall not exceed thirty percent of the capitalization grant for that year.

(h) To provide for any other expenditure consistent with the capitalization grant agreement.

B. To the extent that monies within the drinking water loan fund are not required for current obligations or expenditure, such amounts may be invested in an interest-bearing account. All such interest earned on investments shall be credited to the drinking water loan fund.

C. Of the total funds credited to the drinking water loan fund annually, at least fifteen percent shall be available solely for the provision of loan assistance to public water systems which regularly serve fewer than ten thousand persons, to the extent that there is a sufficient number of projects eligible and ready to receive such assistance.

D. Monies in the drinking water loan fund shall not be used to support monitoring, operation, or maintenance expenditures associated with public water systems.

E. Monies in the drinking water loan fund shall not be used to provide loans or other financial assistance for public water systems owned by federal agencies.

Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2003, No. 67, §3, eff. May 28, 2003.
La. Rev. Stat. § 40:2109.3 — LA Code / Code revised-statutes / Title 40 / Section 2109.3
Pediatric advanced life support training for nurses
Status: in_force

A. As used in this Section, the following definitions shall apply unless the content clearly states otherwise:

(1) "Pediatric ward" means a specially designated area, floor, or section in a hospital that is recognized as the area, floor, or section where infants and children can be treated.

(2) "Registered nurse" means any person licensed under R.S. 37:920 to engage in the practice of nursing.

B. No later than January 1, 1995, every registered nurse who works primarily in a hospital emergency room or pediatric ward shall be trained in an emergency nursing pediatric course that includes training in pediatric trauma and pediatric advanced life support and that has been conducted pursuant to guidelines established by the Louisiana State Board of Nursing. Training taken in compliance with this requirement may be used to satisfy continuing education requirements as established by the Louisiana State Board of Nursing. Training may be taught by any person approved pursuant to guidelines established by the Louisiana State Board of Nursing.

Acts 1993, No. 548, §1, eff. June 10, 1993.
La. Rev. Stat. § 40:1371 — LA Code / Code revised-statutes / Title 40 / Section 1371
Title
Status: in_force

This Sub-part may be cited as the "State Police Law."
La. Rev. Stat. § 40:1211.5 — LA Code / Code revised-statutes / Title 40 / Section 1211.5
Limitation of liability
Status: in_force

A. Any liability or responsibility for any subsequent or follow-up care and treatment of an individual who receives a screening mammogram pursuant to R.S. 40:1211.2 on the part of the performer of that screening mammogram or any physician performing an assessment of a screening mammogram shall cease upon delivery of the results or report of such screening mammogram to the screened or tested individual and to any physician named by the patient to receive such results. These results shall be sent by certified mail, return receipt requested, and shall comply with the reporting requirements for mammography results in the federal Mammography Quality Standards Act, 42 U.S.C. 263b, and any regulations promulgated pursuant thereto, including 21 CFR 900.1 et seq.

B. The liability of a supervising licensed practitioner for follow-up of patients following a screening mammogram shall be limited to informing the patient and a designated physician in accordance with the guidelines issued under the Mammography Quality Standards Act, 42 U.S.C. 263b, and any regulations promulgated pursuant thereto, including 21 CFR 900.1 et seq.

Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.183 by HCR 84 of 2015 R.S.; Acts 2015, No. 378, §1, eff. Jan. 1, 2016.
La. Rev. Stat. § 40:2405.8 — LA Code / Code revised-statutes / Title 40 / Section 2405.8
Additional peace officer training requirements
Status: in_force

A. The council shall develop and continuously update a Peace Officer Standards and Training (P.O.S.T.) recognized homicide investigator training program and a sexual assault awareness training program for peace officers that shall consist of classroom or Internet instruction, or both. The training programs may include field officer training as prescribed by the council.

B. The council shall create and maintain a current list of those peace officers who have successfully completed the homicide investigator training program for purposes of coordinating homicide investigations occurring in the state. Except for peace officers investigating cases of vehicular homicide as defined in R.S. 14:32.1, on and after January 1, 2017, only peace officers who successfully complete the homicide investigator training program or receive a waiver of compliance based on prior training or experience as a homicide investigator shall be assigned to lead investigations in homicide cases.

C.(1) The council shall develop the sexual assault awareness training program in a series of modules to include all of the following:

(a) The neurobiology of sexual assault and trauma, including victim impact.

(b) Response to sexual assault, including but not limited to investigative methods, collecting and securing evidence, and interviewing victims.

(c) Applicable federal and state victims' rights laws.

(2) The council shall solicit free or no-cost training and technical assistance and may accept gifts, grants, and donations from whatever sources are available for purposes of this Subsection. The council shall consult with appropriate governmental agencies and nongovernmental statewide agencies in the development and presentation of the training required by this Subsection. Regarding nongovernmental agencies, only agencies whose primary purpose is the delivery of sexual assault services to victims are required to be consulted.

(3) On and after July 1, 2016, each peace officer, as defined in R.S. 40:2402(3)(a), shall complete a sexual assault awareness training program as provided by the council.

D. The council shall create and maintain a current list of those peace officers who have successfully completed the sexual assault awareness training program for purposes of coordinating sexual assault investigations.

E.(1) The council shall develop a domestic violence awareness training program in a series of modules to include all of the following:

(a) Dynamics of domestic violence.

(b) Predominant aggressor determination.

(c) Neurobiology of trauma and its implications for victim communication.

(d) Strangulation response and investigation methods.

(e) Evidence-based investigation methods.

(f) Protection order enforcement and the Louisiana Protective Order Registry.

(g) Applicable state and federal domestic violence laws.

(2) On and after July 1, 2018, each peace officer, as defined in R.S. 40:2402(3)(a), shall complete a domestic violence awareness training program as provided by the council.

F.(1) The council, in collaboration with the community, shall develop a communication training plan. The plan shall incorporate officer techniques for face-to-face communications with hard of hearing or deaf persons. The training shall cover the following topics:

(a) Recognition of deaf or hard of hearing individuals.

(b) Communication tips including but not limited to the following:

(i) Review of the ADA publication, "Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officer".

(ii) Training with communication cards or other forms of assistance technology for law enforcement officers interacting with deaf or hard of hearing individuals.

(c) Information regarding how to access interpreters, TTY, and relay services.

(d) Rights of deaf and hard of hearing individuals, including interrogations.

(e) Applicable state and federal laws.

(2) On and after January 1, 2019, each peace officer, as defined in R.S. 40:2402(3)(a), shall complete an interactive training module as provided by the council on communicating with deaf and hard of hearing individuals.

(3) The council shall approve communication cards developed by any public or private entity, including nongovernmental advocacy groups, that specializes in working with deaf and hard of hearing individuals for the use by law enforcement officers. The communication cards should be made available in all law enforcement agency headquarters and substations. Additionally, all officers shall have communication cards available in patrol vehicles.

G.(1) The council shall include motorcyclist profiling awareness training in the current bias-recognition policing curriculum. The training shall consist of at least one-half hour of classroom or internet instruction, or a combination of classroom and internet instruction. This training shall address issues related to motorcyclist profiling and shall be provided to peace officers as defined in R.S. 40:2402(3)(a).

(2) For purposes of this Subsection, "motorcyclist profiling" shall mean the arbitrary use of the fact that an individual rides a motorcycle or wears motorcycle-related clothing or paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or search the individual or his motorcycle or motor vehicle.

H. The council shall ensure that Alzheimer's and dementia training are incorporated within their education programs.

I.(1) The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B, for the implementation of a homicide investigator training program.

(2)(a) The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B, for the implementation of a sexual assault awareness training program as provided in R.S. 17:1805(H).

(b) The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B, for the implementation of a sexual assault awareness training program for peace officers as defined in R.S. 40:2402(3)(a) as provided in Paragraph (C)(3) of this Section.

(3)(a) The council shall promulgate rules in accordance with the Administrative Procedure Act for implementation of the following training programs for peace officers as provided in Subsections E and F of this Section:

(i) Domestic violence awareness training.

(ii) Communication with deaf or hard of hearing individuals.

(b) The council shall create and maintain a list of peace officers who have successfully completed the domestic violence awareness training and the training on communication with deaf or hard of hearing individuals.

J.(1) The council shall develop and continuously update trauma-informed training materials related to domestic violence, sexual assault, and sex trafficking in its basic and in-service training curriculums.

(2) For the purposes of this Subsection, trauma-informed materials shall include skills, practices, and leadership relating only to domestic violence, sexual assault, and sex trafficking.

(3) The initial orientation to sex trafficking trauma-informed training shall be classroom instruction and shall be conducted at a P.O.S.T.-accredited academy or a P.O.S.T.-approved training center. The council may designate an alternative method for delivery of the training when otherwise not logistically feasible.

(4) All peace officers employed on August 1, 2024, who have been employed for one year or more shall complete the training within one year after the curriculum has been developed and approved by the council.

(5) The trauma-informed training and materials required by this Subsection shall not include materials relating to diversity, equity, and inclusion practices or policies.

Acts 2003, No. 894, §1; Acts 2015, No. 152, §2, eff. June 23, 2015; Acts 2017, No. 94, §1; Acts 2018, No. 495, §1; Acts 2019, No. 294, §1; Acts 2019, No. 308, §1; Acts 2024, No. 353, §1.
La. Rev. Stat. § 40:2002 — LA Code / Code revised-statutes / Title 40 / Section 2002
University Medical Center
Status: in_force

A. The state operated general hospital located in Lafayette, Louisiana, which replaced and is the successor to Southwest Charity Hospital in Lafayette, also formerly known as Lafayette Charity Hospital, is hereby designated and shall hereafter be known as University Medical Center.

B. The cancer research and treatment program at the University Medical Center is hereby designated and shall hereafter be known as the Dr. Karuna Kukreja Memorial Cancer Program.

Acts 1991, No. 596, §1.
La. Rev. Stat. § 40:1281.11 — LA Code / Code revised-statutes / Title 40 / Section 1281.11
Exemptions, exceptions, and exclusions
Status: in_force

The secretary shall provide by rule promulgated in accordance with the provisions of the Administrative Procedure Act for exemptions from the application of this Subpart relative to the certification of water supply and sewerage system operators. Such exemptions shall be authorized only if and to the extent that they are in conformity with and are required by federal guidelines pertaining to such operators.

Acts 1972, No. 538, §11; Acts 1986, No. 983, §2, eff. Jan. 1, 1988; Acts 1991, No. 279, §1; Acts 1999, No. 394, §2; Redesignated from R.S. 40:1151 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1253.3 — LA Code / Code revised-statutes / Title 40 / Section 1253.3
Louisiana Behavioral Health Partnership; reporting
Status: in_force

A. The Louisiana Department of Health shall submit an annual report for the Coordinated System of Care and an annual report for the Louisiana Behavioral Health Partnership to the Senate and House committees on health and welfare. The report shall be submitted by June thirtieth of each year, and the applicable reporting period shall be for the previous state fiscal year. The report shall include but not be limited to the following information:

(1) The total number of healthcare providers in each parish, broken down by provider type, applicable contracting status, and specialty.

(2) The total number of Medicaid and non-Medicaid members enrolled in each parish.

(3) The total and monthly average number of adult Medicaid enrollees receiving services in each parish.

(4) The total and monthly average number of adults not enrolled in the Medicaid program receiving services in each parish.

(5) The total and monthly average number of children receiving services through the Coordinated System of Care by parish.

(6) The total and monthly average number of children receiving Louisiana Behavioral Health Partnership services outside the Coordinated System of Care by parish.

(7) The total and monthly average number of children not enrolled in the Medicaid program receiving Louisiana Behavioral Health Partnership services outside the Coordinated System of Care by parish.

(8) The percentage of all referrals that were considered immediate, urgent and routine needs and the average length of time to authorize for services by parish.

(9) The percentage of clean claims paid for each provider type within thirty calendar days and the average number of days to pay all claims for each human services district or authority or local government entity.

(10) The five most common reasons for denial of claims and the total number of claims denied according to the cause presented.

(11) The percentage of members asked to and who provide consent for the release of information to coordinate care with the member's primary care physician and other healthcare providers.

(12) The number of outpatient members who received services through the Louisiana Behavioral Health Partnership in hospital-based emergency rooms.

(13) A copy of the statewide management organization's report to the Louisiana Department of Health on quality management, which shall include:

(a) The number of qualified quality management personnel employed by the statewide management organization to review performance standards, measure treatment outcomes, and assure timely access to care.

(b) The mechanism utilized by the statewide management organization for generating input and participation of members, families/caretakers, and other stakeholders in the monitoring of service quality and determining strategies to improve outcomes.

(c) Documented demonstration of meeting all the federal requirements of 42 CFR 438.240 and with the utilization management required by the Medicaid program as described in 42 CFR 456.

(d) Documentation that the statewide management organization has implemented and maintained a formal outcomes assessment process that is standardized, relatable, and valid in accordance with industry standards.

(14) The total amount of funding remitted by the state pursuant to its contract with the statewide management organization during the period addressed by the report, including an itemization of this amount which encompasses, at minimum, the total costs to the state associated with the following cost items:

(a) Payment of claims to providers.

(b) Administrative costs of the statewide management organization.

(c) Profit for the statewide management organization.

(15) An explanation of all changes during the period addressed by the report in any of the following program aspects:

(a) Standards or processes for submission of claims by behavioral health service providers to the statewide management organization.

(b) Types of behavioral health services covered through the statewide management organization.

(c) Changes in reimbursement rates for covered services.

(16) Any other metric or measure that the Louisiana Department of Health deems appropriate for inclusion in the report.

B. Upon the integration of behavioral health services into the Louisiana Medicaid Bayou Health managed care program, or any successor, the final report produced pursuant to this Section for the period starting July 1, 2015, shall be issued by June 30, 2016, or six months following the integration date, whichever occurs later, and subsequent behavioral health reporting shall be included in the report produced pursuant to R.S. 40:1253.2.

Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.363 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015; Acts 2017, No. 349, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2223 — LA Code / Code revised-statutes / Title 40 / Section 2223
Limitations on implementation
Status: in_force

The secretary shall not implement the provisions of this Part unless a federal Medicaid waiver submitted to the United States Department of Health and Human Services, Health Care Financing Administration, or its successor, on or after December 31, 1994, authorizing the state to utilize health insurance organizations, health maintenance organizations, or managed care organizations for Medicaid recipients is received. However, the secretary may take actions necessary to implement this Part upon receiving such federal waiver approval.

Acts 1995, No. 1211, §1, eff. June 29, 1995; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:653 — LA Code / Code revised-statutes / Title 40 / Section 653
Food processing plants; recall plan
Status: in_force

A. Beginning January 1, 2011, every food processing plant operating within this state shall maintain a written food recall plan which shall be immediately available for review by the department upon request.

B. The secretary shall promulgate rules and regulations, pursuant to the Administrative Procedure Act, establishing minimum standards and requirements for a written food recall plan.

C. Any person or firm operating a food processing plant that violates the provisions of this Section shall be subject to a civil fine of not more than five hundred dollars.

Acts 2009, No. 341, §1, eff. July 6, 2009.
La. Rev. Stat. § 40:2009.11 — LA Code / Code revised-statutes / Title 40 / Section 2009.11
Violations; penalties; notice; hearings; appeal; collection and distribution of fines
Status: in_force

A. The opening or operation of a nursing home as herein defined without a license therefor shall be a misdemeanor, punishable upon conviction by a fine of not less than one thousand dollars nor more than five thousand dollars, and each day's violation shall constitute a separate offense.

B.(1) No person shall operate a nursing home as herein defined in violation of any provision of R.S. 40:2009.1 through 40:2009.11 or any other state or federal statute, regulation, or any department rule adopted pursuant to the Administrative Procedure Act which govern the administration of nursing home care.

(2) Any person or entity violating these requirements when such violation poses a threat to the health, safety, rights, or welfare of a nursing home resident may be liable to civil fines in addition to any criminal action which may be brought under other applicable laws. The department shall adopt rules in accordance with the Administrative Procedure Act which define specific classifications of violations, articulate factors in assessing civil fines including mitigating circumstances, and explain the treatment of continuing and repeat deficiencies. A schedule of civil fines by class of violation shall be as follows:

(a) Class A - Violations that create a condition or occurrence relating to the operation and maintenance of a nursing home which result in death or serious harm to a resident. Civil fines shall not exceed two thousand five hundred dollars for the first violation and shall not exceed five thousand dollars per day for repeat violations.

(b) Class B - Violations that create a condition or occurrence relating to the operation and maintenance of a nursing home which create a substantial probability that death or serious physical or mental harm to a resident will result from the violation. Civil fines shall not exceed one thousand five hundred dollars for the first violation and shall not exceed three thousand dollars per day for repeat violations.

(c) Class C - Violations that create a condition or occurrence relating to the operation and maintenance of a nursing home which create a potential for harm by directly threatening the health, safety, rights, or welfare of a resident. Civil fines shall not exceed one thousand dollars for the first violation and shall not exceed two thousand dollars per day for repeat violations.

(d) Class D - Violations related to administrative and reporting requirements that do not directly threaten the health, safety, rights, or welfare of a resident. Civil fines shall not exceed one hundred dollars for the first violation and shall not exceed two hundred fifty dollars per day for repeat violations.

(e) Class E - Violations for failure of any nursing home to submit a statistical or financial report in a timely manner as required by regulation. Civil fines shall not exceed fifty dollars for the first violation and shall not exceed one hundred dollars per day for repeat violations.

(3) The aggregate fines assessed for violations determined in any one month shall not exceed five thousand dollars, except that the aggregate fines assessed for Class A repeat violations shall not exceed twenty thousand dollars in any one month, and the aggregate fines assessed for Class B repeat violations shall not exceed fifteen thousand dollars in any one month.

C. The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to provide for notice to the nursing home of any violation, for an informal reconsideration process, and for an appeal procedure including judicial review. Such appeal shall be suspensive.

D. The nursing home shall furnish, with an appeal, bond in the minimum amount of one and one half times the amount of the fine imposed by the department. The bond furnished shall provide in substance, that it is furnished as security that the nursing home will prosecute its appeal, that any judgment against it, including court costs, will be paid or satisfied from the amount furnished or that otherwise the surety is liable for the amount assessed against the facility. The appeal shall be heard in a summary proceeding which shall be given precedence over other pending matters.

E. The department may institute all necessary civil court action to collect fines imposed and not timely appealed. No nursing home may claim imposed fines as reimbursable costs, nor increase charges to residents as a result of such fines. Interest shall begin to accrue at the current judicial rate on the day following the date on which any fines become due and payable.

F.(1) Civil fines collected under the provisions of this Section shall be deposited immediately into the state treasury.

(2) 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 the monies being placed in the state general fund, an amount equal to the amount deposited as provided in Paragraph (1) of this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the "Nursing Home Residents' Trust Fund", hereinafter referred to as "the fund". The monies in the fund shall be subject to annual appropriation and shall be used solely as mandated by the Omnibus Budget Reconciliation Act of 1987 (P.L. 100-203), including but not limited to reimbursement of evacuation expenses incurred by nursing homes, subject to approval by the Centers for Medicare and Medicaid Services. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned from the investment of monies in the fund shall be deposited in and remain to the credit of the fund. All unexpended and unencumbered monies remaining in the fund at the close of the fiscal year shall remain in the fund.

(3) The secretary of the Louisiana Department of Health is authorized to promulgate rules in accordance with the Administrative Procedure Act to provide for the administration of the fund.

G, H. Repealed by Acts 1990, No. 859, §2.

Added by Acts 1958, No. 188, §1. Acts 1984, No. 730, §1; Acts 1987, No. 727, §1, eff July 16, 1987; Acts 1990, No. 859, §§1 and 2; Acts 1993, No. 947, §1; Acts 2008, No. 785, §1, eff. July 7, 2008.
La. Rev. Stat. § 40:31 — LA Code / Code revised-statutes / Title 40 / Section 31
Costs of court not charged against state or parish health officers
Status: in_force

The Louisiana Department of Health, the parish health units, the state health officer, and the parish health officers are exempt from the payment of all costs of court and stenographers' fees in any suit in which any one of them is a party. However, in such a case, costs may be charged against any party, other than one of the above, cast in judgment, as though the above had not been exempt and had actually paid costs.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2009.7 — LA Code / Code revised-statutes / Title 40 / Section 2009.7
Notice of reasons for nonrenewal or revocation of license; review; hearing
Status: in_force

A. The secretary of the Louisiana Department of Health may deny an application for a license or refuse to renew a license, or may revoke an outstanding license, when he finds after investigation that the applicant or licensee is in nonconformance with or in violation of the provisions of R.S. 40:2009.6; provided that in all such cases, the secretary shall furnish the applicant or licensee thirty calendar days' written notice specifying reasons for the action.

B. The secretary, in a written notice of denial, nonrenewal, or revocation of a license shall notify the applicant or licensee of his right to file a suspensive appeal with the office of the secretary within thirty calendar days from the date the notice required in Subsection A of this Section is received by him. This appeal or request for a hearing shall specify in detail reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the secretary.

C. When any appeal authorized by Subsection B of this Section is received by the secretary, if timely filed, he shall appoint an impartial three member board to conduct a hearing on the appeal at such time and place as such members deem proper, and after such hearing to render a written opinion on the issues presented at the hearing. The written decision or opinion of a majority of the members conducting the hearing shall constitute final administrative action on the appeal.

D. Any member of said board or the secretary shall have power to administer oaths and to subpoena witnesses on behalf of the board or any party in interest and compel the production of books and papers pertinent to any investigation or hearing authorized by this Chapter, provided that in all cases witness fees and transportation and similar hearing costs shall be paid by the appellant or by the Louisiana Department of Health if the appellant is found innocent of charges. Any person having been served with a subpoena who shall fail to appear in response to the subpoena or fail or refuse to answer any question or fail to produce any books or papers pertinent to any investigation or hearing or who shall knowingly give false testimony therein shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment.

Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §10; Acts 1986, No. 655, §1.
La. Rev. Stat. § 40:1293.3 — LA Code / Code revised-statutes / Title 40 / Section 1293.3
State office buildings; smoking regulation; enforcement
Status: in_force

A. The requirements set forth in this Section shall apply to all buildings owned by the state which are utilized primarily as office buildings, referred to hereafter in this Part as "state office buildings".

B. In addition to any applicable smoking prohibition as provided in the Louisiana Smokefree Air Act (R.S. 40:1291.1 et seq.), smoking shall be prohibited in all of the following areas:

(1) Any outdoor area proximate to a state office building that is within twenty-five feet of an entrance of the building to which access by the public is not restricted.

(2) Any outdoor area that is within twenty-five feet of a wheelchair ramp or other structure that facilitates access to a state office building by persons with disabilities.

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. Enforcement of the prohibition of smoking provided for in this Section shall be conducted in accordance with the provisions of R.S. 40:1291.22.

E. Any person who violates the provisions of this Section shall be subject to the penalties established in R.S. 40:1291.22(B)(1).

Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1263 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1484.12 — LA Code / Code revised-statutes / Title 40 / Section 1484.12
Exemptions from licensure
Status: in_force

The requirements of licensure as provided in this Part are not applicable to an officer or employee of the United States, this state, or any political subdivision of either, while engaged in the performance of his official duties within the course and scope of his employment with the United States, this state, or any political subdivision of either.

Added by Acts 1985, No. 733, §1; Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1139.9 — LA Code / Code revised-statutes / Title 40 / Section 1139.9
District as a political subdivision; power to incur debt and issue general bonds
Status: in_force

The ambulance service district is hereby declared to be a political subdivision of the state. For carrying out the purposes of the ambulance service district as provided in this Part, the district, pursuant to the provisions of the Louisiana Constitution of 1974, shall have the power to incur debt and issue general obligation bonds or revenue.

Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.29 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2115.12 — LA Code / Code revised-statutes / Title 40 / Section 2115.12
Definitions
Status: in_force

The terms in this Subpart shall have the meaning provided below:

(1) "Acquisition" means any acquisition by a person of an ownership or controlling interest in a not-for-profit hospital, whether by purchase, merger, lease, gift, or otherwise, that results in a change of ownership or control of thirty percent or greater of either the voting rights or the assets of a hospital, or that results in the acquiring person holding a fifty percent or greater interest in the ownership or control of a hospital.

(2) "Attorney general" means the attorney general or his designee.

(3) "Charitable assets" means those tangible and intangible assets in the form of movable and immovable property and equipment, personnel, and services acquired by a hospital through the expenditure of direct and indirect state, federal and local funds, or funds retained by virtue of their non-taxable status, and through money paid through the patronage of members of the community the hospital serves.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:2162.7 — LA Code / Code revised-statutes / Title 40 / Section 2162.7
Facility operation in state-owned residential buildings authorized
Status: in_force

The department may license community-based care facilities which propose to operate in one or more state-owned residential buildings. The secretary of the department shall direct the staff of the health standards section, and of any other division of the department as he deems appropriate, to cooperate with and give assistance to any applicant who seeks to operate a community-based care facility in one or more state-owned residential buildings and is otherwise qualified for licensure pursuant to this Part.

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:1159.9 — LA Code / Code revised-statutes / Title 40 / Section 1159.9
Consent to surgical or medical treatment for persons with developmental disabilities and residents of state-operated nursing homes
Status: in_force

A. Upon the written recommendation of the treating physician, the following persons may consent to any surgical or medical treatment on behalf of any person with a developmental disability who is a recipient of service from a state-operated supported living program or home- and community-based service provider, or who is a resident of a state-operated residential facility, community, or group home for persons with developmental disabilities, state-supervised extended family living program, or a nonstate-operated residential facility, community, or group home for persons with developmental disabilities, or who is a resident of a state-operated nursing home:

(1) For a resident of a state-operated residential facility, community, or group home for persons with developmental disabilities, the administrator of the residential facility, community, or group home.

(2) For a resident of a state-supervised extended family living program, or a recipient of service from a state-operated supported living program or home- and community-based service provider, the office for citizens with developmental disabilities administrator or manager with administrative authority over the extended family living program, supported living program, or home- and community-based service provider for the region where the home is located or the program or service is being provided.

(3) For a resident of a nonstate-operated residential facility, community, or group home for persons with developmental disabilities, the chief executive officer of the provider organization which administers or operates the facility or home.

(4) For a resident of a state-operated nursing home, the administrator of the home or facility.

B. Consent for any surgical or medical treatment on behalf of a person with a developmental disability or a resident in a facility, home, or program as described in Subsection A of this Section is authorized under the following circumstances:

(1) When all reasonable efforts to contact the parent, family, or guardian of the resident have failed or

(2) When the resident's record does not contain the name of the parent, family member, or guardian.

C. Consent given pursuant to this Section shall be in writing and shall comply with the provisions of R.S. 40:1157.1. A copy of the signed written consent form and of the physician's written recommendation shall be placed in the resident's permanent record.

D. Nothing contained in this Section shall be construed to authorize consent to surgical or medical treatment for a resident if the parent, family member, or guardian of the resident has been contacted and has refused to consent to medical treatment for the resident.

E. Consent to surgical or medical treatment for residents will be implied where an emergency, as defined in R.S. 40:1159.5, exists.

F. Notwithstanding anything else herein to the contrary, no person shall be authorized to make a medical decision for an individual with a developmental disability pursuant to this Section unless there is no decision maker reasonably available, competent, and willing to act pursuant to R.S. 40:1159.4.

G. Repealed by Acts 2008, No. 839, §5, eff. July 8, 2008.

Added by Acts 1978, No. 607, §2; Acts 1990, No. 177, §1; Acts 2001, No. 519, §1; Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2008, No. 839, §§3, 5, eff. July 8, 2008; Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.58 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2018.2 — LA Code / Code revised-statutes / Title 40 / Section 2018.2
Community-based AIDS education grants
Status: in_force

A. The Louisiana Department of Health shall have the power, and its duty shall be, to make grants available to parishes, municipalities, and nonprofit organizations for community-based prevention education programs relating to acquired immune deficiency syndrome (AIDS) aimed at one or more target populations comprised of individuals who are at risk of contracting and transmitting AIDS and the human immunodeficiency virus (HIV). Where a parish or municipality has a health department, grants to be made to a nonprofit organization located in that parish or municipality shall be made in consultation with the parish or municipal health department.

B. Grants shall be awarded to nonprofit organizations, municipalities, or parishes, or any combination of these, provided they meet measurable standards as determined by the department. Awards shall be granted on a competitive basis. Grants shall be awarded to prevention education programs who provide the following services:

(1) Individual face-to-face contact between program outreach personnel and the target population in the areas frequented by such population.

(2) Outreach personnel who are able to communicate effectively with persons in the target population.

(3) Distribution of written information tailored to and easily understandable by the target population, explaining how AIDS and the HIV virus is transmitted and how individuals can reduce their risk of becoming infected.

(4) A system of referring members of the target population, upon request, to HIV testing sites, counseling programs, and health care providers or systems to the extent such sites, programs, or providers exist in that geographic area.

(5) Initial and ongoing training for all outreach personnel on the means by which AIDS and the HIV virus are transmitted, how individuals can reduce their risk of becoming infected and on the program's systems of referrals for testing, counseling, health care, and drug and alcohol treatment.

C. Grants awarded under the provisions of this Section may be used in the distribution of materials or items useful in preventing the transmission of AIDS and the HIV virus.

D. The Louisiana Department of Health, in awarding grants as provided for in this Section, shall give priority to community-based prevention and education programs which are geared toward the provision of services to target populations identified by the department, to include but not be limited to the following:

(1) Intravenous drug users.

(2) Persons who have numerous sexual contacts with intravenous drug users or with other persons who are at a high risk of having the HIV virus.

(3) Racial or ethnic minorities, including persons whose primary language is not English, who are engaged in high-risk behavior.

E. The Louisiana Department of Health shall coordinate with existing HIV/AIDS related community-based prevention and education programs to plan for the implementation and expansion of such services through this grant program. Grants awarded under the provisions of this Section shall be monitored and evaluated by the Louisiana Department of Health. Ongoing support for these services shall be contingent upon these programs accomplishing stated goals and objectives and effectively reaching the target populations as determined in the measurable standards outlined by the department.

F. The department shall actively solicit and use federal resources to fund this grant program. The provisions of this Section shall be applicable only to the extent that funds are made available from federal sources for this purpose.

Acts 1995, No. 876, §1, eff. June 28, 1995.
La. Rev. Stat. § 40:5.13 — LA Code / Code revised-statutes / Title 40 / Section 5.13
Rules for administration of medical activities under Emergency Use Authorization
Status: in_force

A. The purpose of this Section is to ensure the safe, effective, and uniform administration of medical activities under Emergency Use Authorization by all members of the healthcare community in this state, during both health emergencies and regular operations, to protect public health and safety.

B. For the purposes of this Section:

(1) "Emergency Use Authorization" or "EUA" refers to the authority granted under federal law, specifically Section 564 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360bbb-3, to allow the use of unapproved medical products or unapproved uses of approved medical products during a public health emergency.

(2) "Healthcare community" includes but is not limited to hospitals, public and private clinics, pharmacies, nursing homes, and any other entity that participates in healthcare activities where EUA may apply, whether during a health emergency or under the regular order of business for the medical community.

(3) "Health emergency" means a state of emergency declared by the governor or a public health emergency declared by the state health officer under the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.

C.(1) The surgeon general shall promulgate rules in accordance with the Administrative Procedure Act for the administration of medical activities under Emergency Use Authorization (EUA) by all members of the healthcare community in this state.

(2) Such rules shall apply to all entities within the healthcare community, including but not limited to hospitals, public and private clinics, pharmacies, nursing homes, and any other entity involved in healthcare activities where EUA may apply, whether during a health emergency or under the regular order of business for the medical community.

D. The rules promulgated by the surgeon general shall include but not be limited to the following:

(1) Procedures for the safe and effective administration of EUA-authorized medical products including therapeutics, vaccines, diagnostics, and other interventions.

(2) Guidelines for informed consent, ensuring that patients are fully informed of the risks, benefits, and alternatives associated with EUA-authorized products.

(3) Protocols for monitoring and reporting adverse events related to EUA-authorized products, including mandatory reporting to the Louisiana Department of Health and, where applicable, federal authorities.

(4) Standards for training and education of healthcare providers on the proper use and administration of EUA-authorized products.

(5) Measures to promote access to EUA-authorized products and protections across all segments of the population, with specific attention to underserved and rural communities.

(6) Provisions for transparency, including public disclosure of EUA-related activities by healthcare entities, to maintain public trust during health emergencies.

(7) Procedures for compliance and enforcement, including penalties for noncompliance by healthcare entities, to ensure uniformity and accountability.

E.(1) The rules promulgated in accordance with this Section shall apply to all EUA-related medical activities conducted by the healthcare community in this state, whether during a health emergency or under the regular order of business for the medical community.

(2) The rules shall not supersede federal regulations governing EUA but shall complement such regulations by providing state-specific guidance to ensure uniformity and safety in administration.

F. The surgeon general shall coordinate with the following agencies or organizations during the development of his rules:

(1) The office of the attorney general.

(2) The Louisiana State Law Institute.

(3) The Louisiana State Board of Medical Examiners.

(4) The Louisiana Hospital Association.

(5) The Louisiana Board of Pharmacy.

(6) The Louisiana State Medical Society.

(7) The Louisiana State Board of Nursing.

(8) Any other agencies or organizations deemed appropriate by the surgeon general.

Acts 2025, No. 396, §1, eff. June 20, 2025.
La. Rev. Stat. § 40:424 — LA Code / Code revised-statutes / Title 40 / Section 424
Creditors of agency must consent to decrease
Status: in_force

No action may be taken pursuant to R.S. 40:421 if the regional or consolidated housing authority has outstanding bonds, notes, or other evidences of indebtedness, unless all the holders thereof first consent in writing to that action.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:600.72 — LA Code / Code revised-statutes / Title 40 / Section 600.72
Legislative findings
Status: in_force

The legislature finds that:

(1) Hundreds of thousands of Louisiana residents were displaced by Hurricanes Katrina and Rita.

(2) Hurricanes Katrina and Rita destroyed thousands of residential housing units in Louisiana, left thousands of residential housing units substantially damaged in areas that must be repopulated to restore the economic base of those areas, and created an unprecedented housing shortage for both homeowners and renters throughout the state.

(3) Displaced persons need the assistance of knowledgeable professionals to develop suitable housing strategies for their primary residences. This assistance can best be provided by nonprofit organizations that have been certified by the Louisiana Housing Corporation. These certified nonprofit organizations will be sustainable community based entities acting as consumer advocates and evolving over time to meet the needs of our citizens.

Acts 2007, No. 383, §1, eff. July 10, 2007; Acts 2011, No. 408, §5(B), eff. July 5, 2011.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be effective on July 1, 2010.
La. Rev. Stat. § 40:1061.25 — LA Code / Code revised-statutes / Title 40 / Section 1061.25
Remains; disposal in accordance with applicable regulations; post-abortion harvesting of fetal organs prohibited; penalties
Status: in_force

A.(1) Each physician who performs or induces an abortion which does not result in a live birth shall ensure that the remains of the child are disposed of by interment or cremation, in accordance with the provisions of R.S. 8:651 et seq., except in the case of an abortion induced by the administration of medications when the evacuation of any human remains occurs at a later time, neither in the presence of the inducing physician nor at the facility in which the physician administered the inducing medications.

(2) The department shall promulgate in accordance with the Administrative Procedure Act all rules as are necessary to facilitate the transfer and burial of aborted human remains in a manner consistent with the transfer and burial of unclaimed human remains.

B. With respect to post-abortion harvesting of fetal organs, tissues, and cells, the legislature hereby finds the following:

(1) The United States Supreme Court decision of Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973) , and its progeny establish a constitutionalized right of a woman to choose to terminate her pregnancy. However, the court has never endorsed a right to harvest the body parts of unborn human beings, whether for profit or donation.

(2) The protocol known commonly as the "dead donor rule" is a longstanding ethical norm that protects the integrity of human organ donation by providing that organ donors must be dead before procurement of organs begins, and that organ procurement itself must not cause the death of the donor. The harvesting of organs, tissues, and cells from unborn children whose deaths are directly caused by induced abortion violate the dead donor rule in both respects due to the following conditions:

(a) The unborn children are alive when the fetal repositioning and crushing point decisions are made by the abortion provider with the goal of procuring intact fetal hearts, lungs, livers, brains, and other organs and tissues.

(b) The repositioning of the fetus and crushing above and below the thorax to procure intact fetal organs, tissues, and cells is itself the cause of death of the human being from whom the organs are then harvested.

(c) The human being whose fetal organs are procured does not have the capacity to consent to organ donation, and proxy consent for donation by the unborn child's mother is invalid given that the unborn child is alive at the time the consent forms are signed.

(3) The practice of presenting fetal organ donation forms to pregnant women considering their options constitutes unethical undue influence and coercion, and amounts to an incentive to actively participate in the killing of a living human being for the speculative and attenuated benefit of helping researchers.

(4) Regardless of whether prior proxy consent obtained from the mother is ethical and proper for an unborn child whose death is imminent due to natural miscarriage, it is a gross violation of ethical norms to unduly coerce a mother who is considering pregnancy options to directly participate in the decision to cause the death of her living unborn child for the speculative and attenuated benefit that may come from scientific experimentation.

(5) States are free to ban the practice of selling or donating the bodies of human beings killed by abortion because federal law does not preempt that area of law. Particularly, 42 U.S.C. 289g-1(e) allows for the conduct of fetal tissue transplantation only in accordance with applicable state and local law.

C.(1) Except as provided in Subsection D of this Section, it shall be unlawful for any person or entity to buy, sell, donate, accept, distribute, or otherwise transfer or use for any purpose the intact body of a human embryo or fetus whose death was knowingly caused by an induced abortion, or the human organs, tissues, or cells obtained from a human embryo or fetus whose death was knowingly caused by an induced abortion.

(2) Whoever violates the provisions of this Subsection shall be subject to civil penalties relative to abortion, generally, provided in R.S. 40:1061.29.

D.(1) Nothing in this Section shall be construed to prohibit final disposition of the bodily remains of the aborted human being in accordance with state law, or to prohibit any conduct permitted under state law that is undertaken with any of the following purposes:

(a) The purpose of providing knowledge solely to the mother, such as for pathological or diagnostic purposes.

(b) The purpose of providing knowledge solely to law enforcement officers, such as the case of an autopsy following a feticide.

(2) Nothing in this Section shall be construed to prohibit any transaction related to the donation of bodily remains from a human embryo or fetus whose death was caused by a natural miscarriage or stillbirth, in accordance with the guidelines and prohibitions provided in applicable state and federal law.

E. Nothing in this Section shall be construed to alter generally accepted medical standards, affect existing federal or state law regarding the practice of abortion, or to create or recognize a right to abortion.

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

Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.14 by HCR 84 of 2015 R.S.; Acts 2016, No. 593, §1; Acts 2018, No. 204, §1, eff. May 15, 2018; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:1226.6 — LA Code / Code revised-statutes / Title 40 / Section 1226.6
Limitation of liability
Status: in_force

A. Nothing in this Part shall be construed to create a cause of action against a hospital, hospital employee, duly authorized agent of the hospital, or any consultant or contractor with whom the hospital has a contractual relationship.

B. A hospital, hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship shall not be liable, vicariously or otherwise, to any patient for any injury, death, loss, civil penalty, or damage as a result of any act or omission of a caregiver in rendering assistance or care to a patient or as a result of any act or failure to act or failure to provide care rendered by a caregiver to a patient.

C. A hospital, hospital employee, or any consultant or contractor with whom a hospital has a contractual relationship shall not be liable to any caregiver designated pursuant to the provisions of this Part, except for gross negligence or willful and wanton misconduct directly related to the education and instruction provided to the caregiver concerning the aftercare needs of the patient, for any injury, death, loss, civil penalty, or damage as a result of any act or omission of a caregiver in rendering assistance or care to a patient or as a result of any act or failure to act or failure to provide care rendered by a caregiver to a patient.

Acts 2016, No. 351, §1.
La. Rev. Stat. § 40:538 — LA Code / Code revised-statutes / Title 40 / Section 538
Validity of actions of board of commissioners
Status: in_force

No action taken by the commissioners of an authority shall be invalid because of the ineligibility of any commissioner to serve in such capacity. All actions taken by a board of commissioners shall be presumed valid unless otherwise shown by clear and convincing evidence.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1219.5 — LA Code / Code revised-statutes / Title 40 / Section 1219.5
Other sources of funding
Status: in_force

The office may seek and receive voluntary monies from any sources, including federal funds and gifts which shall be expended for the purposes designated in this Part. The office may also accept voluntary funding in the form of grants available to build community public sector and private sector partnerships. The office shall include within the development of the programs the assistance of foundations, independent and chain community pharmacists, volunteers, state agencies, community groups, area agencies on aging, corporations, hospitals, physicians, and any other entity that can further the intent of the programs.

Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.215 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1591 — LA Code / Code revised-statutes / Title 40 / Section 1591
Enforcement of Part
Status: in_force

A. The enforcement personnel of the state fire marshal shall enforce this Part and all other laws under the jurisdiction of the state fire marshal and other lawful orders of the state fire marshal, the violation of which would constitute a misdemeanor offense. The state fire marshal may delegate some or all of such enforcement authority to the chief of a fire department of a political subdivision and his authorized representatives. This enforcement authority shall include the power to issue misdemeanor summons.

B. The law enforcement officers of each political subdivision of the state shall enforce this Part and all other laws under the jurisdiction of the state fire marshal and other lawful orders of the state fire marshal.

Acts 1991, No. 33, §1.
La. Rev. Stat. § 40:1217.1 — LA Code / Code revised-statutes / Title 40 / Section 1217.1
Short title
Status: in_force

This Part shall be known and may be cited as the "Louisiana Kidney Health Care Law".

Acts 1995, No. 951, §1; Redesignated from R.S. 40:1300.81 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1295.4 — LA Code / Code revised-statutes / Title 40 / Section 1295.4
Program coordination
Status: in_force

A. The secretary of the department is hereby authorized to coordinate, to the extent he deems practical and appropriate, the programs of the office of public health, the Medicaid coordinated care network program, and any other program of the department with programs offered by the Smoking Cessation Trust.

B. On or before January 1, annually, the secretary of the department shall engage with the executive director of the Smoking Cessation Trust to evaluate means and best practices for promoting smoking cessation, and to identify opportunities for increasing access to smoking cessation programs and services available in this state.

Added by Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.
La. Rev. Stat. § 40:1552 — LA Code / Code revised-statutes / Title 40 / Section 1552
Board of commissioners; membership; qualifications; appointment; terms; vacancies; removal; officers; meetings
Status: in_force

A. A fire and emergency training services district created pursuant to the provisions of this Chapter shall be governed by a board of commissioners composed of qualified voters of the district, all to be appointed by the parish governing authority or parish governing authorities, in the instance of a multiparish district. The board shall be comprised of such number as determined by the parish governing authority or governing authorities but shall not be less than five. The appointing authorities shall determine the terms the board members shall serve.

B. Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Any commissioner may be removed from office for cause and his appointment rescinded by a two-thirds vote of the elected membership of the appointing parish governing authority.

C. The first meeting of the board of commissioners shall be within sixty days of the date of the appointment of all the members. At that time, a chairman and vice chairman of the board shall be elected, and a director of the district shall be appointed. Thereafter, the board of commissioners shall hold a minimum of three meetings annually. The parish governing authority or governing authorities or the chairman of the board of commissioners may call additional meetings of the board.

Acts 2001, No. 188, §1, eff. May 31, 2001.
La. Rev. Stat. § 40:1485.9 — LA Code / Code revised-statutes / Title 40 / Section 1485.9
Applicability
Status: in_force

The provisions of Subpart A of Part VII of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 1484.1 through 1484.28, are applicable in their entirety to the provisions of this Subpart.

Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1300.78 — LA Code / Code revised-statutes / Title 40 / Section 1300.78
Prohibition of private causes of action and insurance mandates
Status: in_force

A. This Part shall not create a private cause of action against a manufacturer of an individualized investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the individualized investigational drug, biological product, or device for any harm done to the eligible patient resulting from the individualized investigational drug, biological product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this Part and has exercised reasonable care.

B. This Part shall not affect any mandatory healthcare coverage for participation in clinical trials in accordance with any provisions provided in Title 22 of the Louisiana Revised Statutes of 1950.

Acts 2024, No. 750, §1.