La. Rev. Stat. § 40:1379 — LA Code / Code revised-statutes / Title 40 / Section 1379
Duties and powers of police employees
Status: in_force

A. The police employees of the division shall prevent and detect crime, apprehend criminals, enforce the criminal and traffic laws of the state, keep the peace and good order in the state in the enforcement of the state's police powers, and perform any other related duties imposed upon them by the legislature.

B. Police employees of the division are peace officers and, any provision of the law to the contrary notwithstanding, except R.S. 40:1386, they have, in any part of the state, the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, constables, and police officers have in their respective jurisdictions. They have all the immunities and matters of defense now available or hereafter made available to sheriffs, constables, and any police officers in any suit brought against them in consequence of acts done in the course of their employment.

C. Any warrant of arrest or other process issued by the legislature or either house thereof, or any court of the state may be served and executed by any police employee of the division in any part of the state according to the tenor thereof without endorsement.

D. Other police employees of the office, including but not limited to safety enforcement officers, public safety services police officers, and officers of the weights and standards mobile police force shall be commissioned under this Section and shall have all the authority and protection afforded by the provisions of this Section.

Acts 1960, 1st Ex. Sess., No. 16, §1; Acts 1999, No. 286, §1.
La. Rev. Stat. § 40:1105.12 — LA Code / Code revised-statutes / Title 40 / Section 1105.12
Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates; creation; membership; duties
Status: in_force

A. The Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates is hereby created and shall be composed of the following members:

(1) One member appointed by the Gulf South Tenants Association from the membership of the Louisiana chapter.

(2) One member appointed by the Louisiana Medical Association from its membership.

(3) One member appointed by the Louisiana Association of Black Social Workers from its membership.

(4) Four persons appointed by the governor from the state at large who have demonstrated an interest in efforts to combat and reduce the cancer rate in populations and regions with excessive cancer rates, subject to Senate confirmation.

(5) One member of the House of Representatives appointed by the speaker of the House.

(6) One member of the Senate appointed by the president of the Senate.

B. Members shall serve four-year terms, except that of the initial members, three members shall be appointed for four-year terms, two members shall be appointed for three-year terms, two members shall be appointed for two-year terms, and two members shall be appointed for a one-year term. Terms of office of the initial members shall be determined by lot at the initial meeting. Each nonlegislative member shall serve without compensation. Each legislative member shall receive per diem and be reimbursed for expenses as provided by the rules of the appropriate house. A vacancy in an unexpired term shall be filled in the manner of the original appointment.

C. A majority of the members of the committee shall constitute a quorum for the transaction of all business.

D. The members of the committee shall elect from their membership a chairman and a vice chairman.

E. The members shall be appointed and the initial meeting shall be held, on the call of the committee member appointed from the House of Representatives, not later than October 1, 1990.

F.(1) The committee shall review and study the current health status of populations and residents of regions with excessive cancer rates, review the ability of such persons to gain access to and utilize the health care system for cancer treatment, advise and consult with the tumor registry in its efforts to gather data relative to and to assess factors contributing to disparities in the health status of such populations and residents and other persons relative to cancer, review existing research and service programs relative to cancer among Louisiana residents, recommend strategies to redirect federal, state, local, and private resources and programs to narrow the health differences between select populations and residents of certain regions as related to cancer, suggest strategies by which the public and private sectors can cooperate to bring about improvements in health status of Louisiana residents relative to cancer, and encourage expanded participation in the tumor registry, cancer programs, and cancer research.

(2) The committee may accept federal funds and funds from any private agency to assist in carrying out the purposes of this Section.

(3) The committee shall make recommendations to and advise the secretary of the Louisiana Department of Health and other appropriate department agencies and officers with respect to the findings and recommendations of its studies as provided in this Subsection.

(4) The committee shall seek comment and review of its conclusions and findings from appropriate scientific, medical, or health panels established by local chapters or affiliates of national groups that may include but should not be limited to the following: the Louisiana State Medical Society, the Louisiana Cancer Consortium, the Louisiana Cancer Advisory Board, the National Cancer Institute, the American College of Epidemiology, the U.S. Public Health Service, the Louisiana State University Health Sciences Center, the American Cancer Society, etc. Final recommendations will be sent to the secretary of the Louisiana Department of Health and other appropriate department agencies and officers as provided in this Subsection.

(5) This committee shall not undertake to create new information or add original research to the existing literature for this topic. Rather, the committee using all currently available existing information systems, data bases, published and unpublished reports, manuscripts, papers, and other documents shall make its nonbinding recommendations on the basis of such previously existing information.

Acts 1990, No. 815, §2; Acts 1999, No. 802, §5, eff. July 2, 1999; Redesignated from R.S. 40:1299.90.1 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:2201 — LA Code / Code revised-statutes / Title 40 / Section 2201
Legislative considerations
Status: in_force

A. The legislature recognizes that health care costs have risen greatly over the past decade and must be contained without jeopardizing:

(1) The quality of care received by patients.

(2) The ability of health care providers to maintain, update, and expand their facilities to serve their patients and communities and to meet federal and state standards and regulations.

B. The legislature further recognizes that there must be some incentive for purchasers and providers to strive for more cost-efficient and effective methods of providing quality patient care and more efficient payment for services rendered.

C. Therefore, the state can assist in reducing health care costs by authorizing the formation of preferred provider organizations.

D. The legislature further recognizes that the state and governmental bodies can reduce the cost of providing health care benefits for their employees by contracting with a preferred provider organization.

Acts 1984, No. 374, §1, eff. July 6, 1984.
La. Rev. Stat. § 40:752 — LA Code / Code revised-statutes / Title 40 / Section 752
Vitamin content
Status: in_force

No manufacturer, processor, or dealer in oleomargarine in the state shall sell or offer for sale any oleomargarine within this state which does not contain at least nine thousand United States Pharmacopeia Units of vitamin A per pound.
La. Rev. Stat. § 40:700.6 — LA Code / Code revised-statutes / Title 40 / Section 700.6
Revocation of permit
Status: in_force

A. The department may revoke any permit issued pursuant to the provisions of this Subpart at any time the holder of a permit is found to be in noncompliance with the provisions of this Subpart or the rules and regulations established by the department.

B. The department may revoke any such permit either temporarily, until there is compliance with the provisions of this Subpart and with the rules and regulations as established by the department, or permanently for the unexpired period of the permit.

Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:687 — LA Code / Code revised-statutes / Title 40 / Section 687
Re-use of closures
Status: in_force

No person shall use more than once closures of any character in the packing for sale or transfer of a food, drug, or beverage. The term "closure" includes any crown, screw cap, vacuum cap, cork, or any other article used to cap or seal any container of any food, drug, or beverage.
La. Rev. Stat. § 40:2885 — LA Code / Code revised-statutes / Title 40 / Section 2885
Violations
Status: in_force

The commission of any act prohibited by this Chapter is considered a violation of the Unfair Trade Practices and Consumer Protection Law provided for in R.S. 51:1401 et seq. and subjects the violator to any and all actions, including investigative demands, remedies, and penalties provided for in the Unfair Trade Practices and Consumer Protection Law, except there shall be no right to bring a private action pursuant to R.S. 51:1409. A violation occurs each time a prohibited act is committed.

Acts 2023, No. 358, §1.
La. Rev. Stat. § 40:31.40 — LA Code / Code revised-statutes / Title 40 / Section 31.40
Plan review fees
Status: in_force

A. The Louisiana Department of Health shall charge and collect, in advance, a fee of one hundred dollars for the review of any plans required to be submitted to the Louisiana Department of Health, office of public health, in connection with a permit application for a new facility, operation, or establishment or a plan required to be submitted in connection with a substantial renovation to an existing permitted facility, operation, or establishment. For an alternative fee of one thousand dollars, the Louisiana Department of Health shall expedite and guarantee a complete review of a plan within five business days from the date the plan and fee are submitted.

B. The plan review fees authorized by this Section are collected in addition to any permit fees authorized by this Title.

C. This Section shall not apply to the review of plans for a public water supply system, commercial treatment facility, community sewerage system, or swimming pool.

Acts 2025, No. 514, §1, eff. July 1, 2025.
La. Rev. Stat. § 40:101 — LA Code / Code revised-statutes / Title 40 / Section 101
Commemorative certificate of miscarried child; requirements
Status: in_force

A. The state registrar shall establish a commemorative certificate of miscarried child. For the purposes of this Part, "miscarried child" means an unintentional, spontaneous fetal demise occurring at or prior to the twentieth week of gestation during a pregnancy.

B.(1) A licensed healthcare practitioner who attends or diagnoses a miscarried child or a licensed healthcare facility where the birth of a miscarried child occurs may advise a patient who experiences a miscarried child that the patient may request a commemorative certificate as provided for in this Section.

(2) The vital records registry shall provide on its website a form that may be completed by a healthcare practitioner or his designee affirming that he attended or diagnosed a patient who experienced a miscarried child.

C. Upon request of the patient and submission of a completed form provided for in this Section, the vital records registry shall issue a commemorative certificate of miscarried child. If requested, one copy of the commemorative certificate of miscarried child shall be provided by the vital records registry at no cost. Additional copies shall be subject to the same fees as a certificate of live birth as provided in R.S. 40:40.

D.(1) The commemorative certificate shall contain the name of the fetus and the gender, if known. If the name is not furnished by the patient, the vital records registry may complete the commemorative certificate with the name "Baby Boy" or "Baby Girl" and the last name of the patient. If the gender of the fetus is unknown, the department shall fill in the commemorative certificate with the name "Baby" and the last name of the patient.

(2) The front of the commemorative certificate shall include a disclaimer stating that the commemorative certificate is not proof of a live birth.

E.(1) The vital records registry shall not register a birth associated with a commemorative certificate issued pursuant to this Section nor use it to calculate live birth statistics.

(2) A commemorative certificate is commemorative in nature and has no legal effect.

(3) A commemorative certificate issued according to this Section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death of a miscarried child.

Acts 2023, No. 353, §1.
La. Rev. Stat. § 40:1597.1 — LA Code / Code revised-statutes / Title 40 / Section 1597.1
Short title
Status: in_force

This Subpart shall be known and may be cited as the "Conveyance Devices Safety Act".

Acts 2014, No. 784, §1.
La. Rev. Stat. § 40:2530.5 — LA Code / Code revised-statutes / Title 40 / Section 2530.5
Immunity from liability
Status: in_force

Any state police officer, members of other law enforcement entities, radio or television broadcasters, cable television operators, who transmit or display, or who fail to transmit or display such information concerning a senior citizen or person with developmental disabilities, and other entities who may become an active component of this effort, shall not be liable for any civil damages or criminal penalties as a result of any acts or omissions relative to the "Silver Alert" program.

Acts 2008, No. 453, §1.
La. Rev. Stat. § 40:1730.28.2 — LA Code / Code revised-statutes / Title 40 / Section 1730.28.2
State Uniform Construction Code; requirements and prohibitions
Status: in_force

A. The State Uniform Construction Code shall:

(1) Require methods of back flow prevention to prevent contaminated water from flowing back into the public water system.

(2) Prohibit plumbing vent systems using air admittance valves.

(3) Require that a trap seal primer valve be installed where a trap seal is subject to loss by evaporation.

B. The council shall adopt rules and regulations in accordance with R.S. 40:1730.26(2)(a) to implement the provisions of this Section. Any modifications to the rules and regulations adopted pursuant to this Section shall be adopted in accordance with the provisions of R.S. 40:1730.26(2)(b).

Acts 2014, No. 836, §1, eff. June 23, 2014.
La. Rev. Stat. § 40:1472.11 — LA Code / Code revised-statutes / Title 40 / Section 1472.11
Confiscation and disposal of explosives
Status: in_force

A. Upon the violation of any provision of this Part which is deemed by the deputy secretary to constitute an immediate threat to public safety, the secretary shall have the power to:

(1) Order the licensee to immediately correct such violation; or

(2) Confiscate such explosives and dispose of them in any manner deemed appropriate to insure the safety of the public.

B. Such violation shall be cause for revocation or suspension of the violator's license without the issuance of a ninety-day noncompliance letter as provided in R.S. 40:1472.10(A)(6).

C. All costs incurred in the confiscation and disposal of unsafe explosives as provided in Subsection A of this Section shall be paid by the licensee.

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
La. Rev. Stat. § 40:2406 — LA Code / Code revised-statutes / Title 40 / Section 2406
Short title
Status: in_force

The short title of this Chapter is Peace Officers Standards and Training Law.

Added by Acts 1976, No. 397, §1.
La. Rev. Stat. § 40:1049.7 — LA Code / Code revised-statutes / Title 40 / Section 1049.7
Board of pharmacy access to information
Status: in_force

The Department of Public Safety and Corrections, office of state police, shall provide access to the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part to the Louisiana Board of Pharmacy.

Acts 2009, No. 314, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1091 — LA Code / Code revised-statutes / Title 40 / Section 1091
Autism spectrum disorder; screening of children
Status: in_force

A. Any primary care provider who performs early and periodic screening, diagnostic, and treatment preventive visits in accordance with the periodicity schedule of the Bright Futures initiative of the American Academy of Pediatrics shall promote age-appropriate screenings including, unless otherwise medically indicated, a standardized screening for autism spectrum disorder at any routine well child visit.

B. No primary care provider shall be liable for any civil damages or be subject to any disciplinary action by his licensing board as a result of any act or omission in connection with delivering or not delivering any service provided for in this Part.

Acts 2022, No. 356, §1.
La. Rev. Stat. § 40:31.62 — LA Code / Code revised-statutes / Title 40 / Section 31.62
Definitions
Status: in_force

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

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

(2) "Office" means the office of public health within the Louisiana Department of Health.

(3) "Parkinson's disease" means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.

(4) "Regional Parkinson's disease incidence reporting areas" means those demographic regions of the state designated by the department that are responsible for collecting and collating Parkinson's disease incidence data. The department may contract with an agency, including but not limited to a health systems agency, a parish health department, multiparish health department grouping, or nonprofit professional association representing a designated disease-reporting region for the purposes of carrying out the responsibilities of the disease-reporting region.

(5) "Regional Parkinson's Disease Registry" means those regions of the state as designated by the department responsible for providing, on a timely basis, Parkinson's disease incidence data as determined by the department to the department.

Acts 2005, No. 210, §1.
La. Rev. Stat. § 40:1085.5 — LA Code / Code revised-statutes / Title 40 / Section 1085.5
Duties of the Louisiana Department of Health
Status: in_force

The department shall:

(1) Enforce the provisions of this Subpart.

(2) Promulgate such rules and regulations as are necessary for purposes of this Subpart and as it thinks necessary for the further and proper guidance of local health officers.

(3) Provide for the gratuitous distribution of a scientific prophylactic for ophthalmia neonatorum, together with proper directions for the use and administration thereof, to all physicians, midwives, and the like engaged in the practice of obstetrics or assisting at childbirth.

(4) Print and publish any further advice and information concerning the danger of ophthalmia neonatorum and the necessity for prompt and effective treatment thereof as it thinks proper.

(5) Furnish copies of the provisions of this Subpart to all physicians, midwives, and the like engaged in the practice of obstetrics or assisting at childbirth.

(6) Keep a proper record of all cases of ophthalmia neonatorum filed in its office in pursuance of this Subpart or which come to its attention in any way. It shall make these records a part of its annual report to the governor and the legislature.

(7) Report all violations of this Subpart which come to its attention to the proper district attorney and assist him in any way possible in connection therewith.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1105 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2185 — LA Code / Code revised-statutes / Title 40 / Section 2185
Inspections
Status: in_force

A. On-site inspections are required for licensure. For Medicare certified hospice programs, licensure site visits shall coincide with Medicare certification and recertification visits whenever feasible.

B. It shall be the duty of the department, through its duly authorized agents, to inspect at regular intervals, not to exceed one year, or such shorter period as may be deemed necessary by the department, and without previous notice, all hospices subject to the provisions of this Part in order to secure compliance with or prevent violation of this Part and department rules and regulations adopted pursuant to this Part.

Acts 1988, No. 941, §2.
La. Rev. Stat. § 40:1103.2 — LA Code / Code revised-statutes / Title 40 / Section 1103.2
Definitions
Status: in_force

As used in this Part:

(1) "Board" means the Louisiana State Board of Medical Examiners.

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

Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.152 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:661 — LA Code / Code revised-statutes / Title 40 / Section 661
Food containing artificial colors, additives, or banned chemicals; ingredient information
Status: in_force

A. Any food product offered for sale in this state shall be labeled by the manufacturer in accordance with the provisions of this Section if the product contains any ingredient identified in this Subsection:

(1) Acesulfame potassium.

(2) Acetylated esters of mono- and diglycerides (acetic acid ester).

(3) Anisole.

(4) Aspartame.

(5) Azodicarbonamide (ADA).

(6) Butylated hydroxyanisole (BHA).

(7) Butylated hydroxytoluene (BHT).

(8) Bleached flour.

(9) Blue dye 1 (CAS 3844-45-9).

(10) Blue dye 2 (CAS 860-22-0).

(11) Bromated flour.

(12) Calcium bromate.

(13) Canthaxanthin.

(14) Certified food colors by the United States Food and Drug Administration.

(15) Citrus red dye 2 (CAS 6358-53-8).

(16) Diacetyl.

(17) Dimethylamylamine (DMAA).

(18) Dioctyl sodium sulfosuccinate (DSS).

(19) Green dye 3 (CAS 2353-45-9).

(20) Interesterified palm oil.

(21) Interesterified soybean oil.

(22) Lactylated fatty acid esters of glycerol and propylene glycol.

(23) Lye.

(24) Morpholine.

(25) Olestra.

(26) Partially hydrogenated oil (PHO).

(27) Potassium aluminum sulfate.

(28) Potassium bromate.

(29) Potassium iodate.

(30) Propylene oxide.

(31) Propylparaben.

(32) Red dye 3 (CAS 16423-68-0).

(33) Red dye 4 (CAS 4548-53-2).

(34) Red dye 40 (CAS 25956-17-6).

(35) Sodium aluminum sulfate.

(36) Sodium lauryl sulfate.

(37) Sodium stearyl fumarate.

(38) Stearyl tartrate.

(39) Sucralose.

(40) Synthetic trans fatty acid.

(41) Thiodipropionic acid.

(42) Toluene.

(43) Yellow dye 5 (CAS 1934-21-0).

(44) Yellow dye 6 (CAS 2783-94-0).

B.(1) The product label shall include a quick response code, or QR code, with a statement adjacent to the code that informs the consumer that additional ingredient information can be accessed by scanning the code.

(2) The QR code shall link to a web page that is under the control of the manufacturer.

(3) The web page shall contain the following disclaimer in a prominent location: "NOTICE: This product contains [insert ingredient here]. For more information about this ingredient, including FDA approvals, click HERE."

(4) The disclaimer shall link to the United States Food and Drug Administration's web page regarding food chemical safety.

C.(1) The provisions of this Section shall only apply to food or beverages intended for human consumption.

(2) The provisions of this Section shall not apply to any of the following:

(a) A drug or dietary supplement regulated by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., 21 CFR 3.2(e), or the Dietary Supplement Health and Education Act.

(b) An alcoholic beverage as defined in R.S. 26:2 and 241.

(c) Food prepared and labeled in a retail food establishment.

(d) Medical food as defined in 21 U.S.C. 360ee(b)(3).

(3) If a product is sold at retail as a multiunit package, the provisions of this Section shall only apply to the outer container.

D. Any violation of this Section shall be a violation of the state Sanitary Code.

Acts 2025, No. 463, §3, eff. Jan. 1, 2028.
La. Rev. Stat. § 40:1894 — LA Code / Code revised-statutes / Title 40 / Section 1894
Enforcement of Part; rules and regulations
Status: in_force

The office of conservation of the Department of Conservation and Energy shall enforce the provisions of this Part. The assistant secretary of the office of conservation may prescribe any rules and regulations on this subject necessary to carry out the purposes of this Part. In addition to the rights, powers, and duties granted under this Part, the assistant secretary shall exercise relative to this Part all of the rights, powers, and duties granted under R.S. 30:501 et seq.; however, the provisions of R.S. 30:544 shall not apply to this Part.

Added by Acts 1979, No. 535, §1. Amended by Acts 1981, No. 754, §2; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.
La. Rev. Stat. § 40:2018.8 — LA Code / Code revised-statutes / Title 40 / Section 2018.8
Alzheimer's and Related Dementias Advisory Council; composition; purpose
Status: in_force

A. There is hereby established within the Louisiana Department of Health the Louisiana Alzheimer's and Related Dementias Advisory Council, referred to in this Section as the "council".

B. The council shall consist of the following twenty-two members:

(1) A person with Alzheimer's disease or related dementia appointed by the governor. If the governor is unable to identify a person with Alzheimer's disease or related dementia, the governor shall appoint a second caregiver of a person with Alzheimer's disease or related dementia.

(2) A caregiver of a person with Alzheimer's disease or related dementia appointed by the governor.

(3) A representative of the nursing facility industry appointed by the governor.

(4) A representative of the assisted living industry appointed by the governor.

(5) A representative of the adult day services industry appointed by the governor.

(6) A physician specializing in neurology or geriatic care appointed by the governor.

(7) A representative from the rural health community appointed by the governor.

(8) A representative from an organization representing senior citizens appointed by the governor.

(9) A representative of the governor's office of elderly affairs Louisiana Ombudsman Program appointed by the governor.

(10) The executive director of the Alzheimer's Association, Louisiana Chapter or his designee.

(11) The assistant secretary of the office of behavioral health or his designee.

(12) The assistant secretary of the office of aging and adult services or his designee.

(13) The assistant secretary of the office of public health or his designee.

(14) The assistant secretary of the office of citizens with developmental disabilities or his designee.

(15) The Medicaid executive director or his designee.

(16) The executive director of the governor's office of elderly affairs or his designee.

(17) The secretary of the Louisiana Department of Veterans Affairs or his designee.

(18) The executive director of the Louisiana Commission on Law Enforcement or his designee.

(19) The secretary of Louisiana Works or his designee.

(20) A representative from the home health industry who has experience with dementia.

(21) Two representatives from academic research institutions in Louisiana that conduct dementia disease research appointed by the governor.

C. Members of the council shall serve four-year terms, concurrent with the term of the governor. Members are eligible for reappointment. Any designee shall serve at the pleasure of the designating authority.

D. Council members shall not receive compensation or a per diem for their services or attendance at council meetings, except for those travel-related expenses already provided for by their agency.

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

F. The council may establish subcommittees and appoint persons outside of the council to these bodies as it considers necessary and appropriate to carry out its duties.

G. The council shall hold its initial meeting no later than November 1, 2024. The council shall meet at least quarterly each calendar year and at any other times as it considers necessary.

H. The Louisiana Department of Health shall provide support for the council, including staff, facilities, and resources to facilitate remote participation in meetings to the extent authorized by law.

I. The council shall do all of the following:

(1) Conduct a review and assessment of the current status of Alzheimer's disease and other forms of dementia in this state, including:

(a) Trends in the state's Alzheimer's population and needs, including the changing population with dementia.

(b) Existing policies regarding dementia.

(c) Program utilization among people living with dementia.

(2) Submit a summary of the findings of the review and assessment to the Louisiana Department of Health.

(3) Review the existing five-year statewide plan to address Alzheimer's disease and related dementias prepared by the Louisiana Department of Health.

(4) Submit recommendations to the Louisiana Department of Health on revisions to the five-year statewide plan and recommendations on implementation of initiatives to address Alzheimer's disease and related dementias. The recommendations shall address topics including but not limited to all of the following:

(a) Gaps identified in the review and assessment.

(b) Access to care, support, and treatment.

(c) Quality of care for people living with dementia.

(d) Risk reduction, early detection, and diagnosis.

(e) Coordinated statewide response to Alzheimer's disease and related dementias.

J. The Louisiana Department of Health shall consider all recommendations from the council and shall update the five-year statewide plan. The Louisiana Department of Health, on behalf of the council, shall submit the updated five-year statewide plan to the governor and the legislature every five years.

K. The council shall submit an annual written report on the progress of the five-year statewide plan to the governor and the legislature no later than November first of each year.

Acts 2024, No. 121, §2, eff. May 22, 2024.
La. Rev. Stat. § 40:31.35 — LA Code / Code revised-statutes / Title 40 / Section 31.35
Commercial seafood permit fee
Status: in_force

A. Each seafood processor and distributor in the state shall be required to obtain a commercial seafood permit from the Louisiana Department of Health. The department shall charge and collect an annual commercial seafood permit fee to support the cost of inspection, monitoring, sampling, and laboratory analysis as mandated by the state Sanitary Code. The classification of the permit shall be classified as a domestic commercial seafood processor permit, an imported commercial seafood processor permit, and a commercial seafood distributor permit. The fee shall be collected from each seafood distributor and processing plant based on gross revenues of the plant or distributor as follows:

Revenues Annual fee

$1,000,000 and under $ 150.00

$1,000,001 - $2,500,000 250.00

$2,500,001 - $5,000,000 350.00

over $5,000,000 500.00

B. The department shall charge and collect a shellfish transplant permit fee of one hundred dollars.

C. In addition to the fee provided for in Subsection A of this Section, the Louisiana Department of Agriculture and Forestry shall charge and collect an annual imported seafood safety fee from each holder of a commercial seafood permit who processes or distributes imported seafood. The fee shall be three hundred dollars for the 2025 calendar year, five hundred dollars for the 2026 calendar year, seven hundred fifty dollars for the 2027 calendar year, and one thousand dollars for the 2028 calendar year and each calendar year thereafter. The proceeds of such fee shall be deposited into the Imported Seafood Safety Fund.

Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2021, No. 306, §1; Acts 2024, No. 667, §1, eff. June 18, 2024; Acts 2024, No. 787, §1; Acts 2025, No. 300, §§1, 4, eff. June 11, 2025.
La. Rev. Stat. § 40:440 — LA Code / Code revised-statutes / Title 40 / Section 440
Acquisition and sale of housing and other property
Status: in_force

A. A local housing authority may:

(1) Acquire title, long-term and short-term leasehold interests, possessory rights, options upon, cooperative interests in, or any other interest in or relating to land, dwellings, facilities, or any other real or personal property by purchase, gift, grant, bequest, devise, lease, contract, or any other manner or arrangement.

(2) Take over or lease and manage any housing development or undertaking in which a local government or the state or federal government has an interest.

(3) Transfer, donate, sell, lease, exchange, convey, assign, or otherwise dispose of any of its property or any interest therein to any person, organization, or entity, either public or private, or nonprofit or for-profit, and in such regard:

(a) Sell or lease any real or personal property or any interest therein with or without public bidding, as the authority, in its sole discretion, may deem appropriate.

(b) At and subsequent to an acquisition of occupied property, permit existing tenants therein to remain in occupancy upon such terms and conditions and for such periods as the authority shall deem appropriate, notwithstanding that such tenants do not qualify as persons of eligible income.

B. Any acquisition or disposition of property or any interest therein may occur upon such terms and conditions and in exchange for such prices, or without consideration, as the authority shall deem appropriate, provided that such actions are taken in furtherance of the purposes of this Chapter and subject to the limitations contained in R.S. 40:482 through 489.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1394 — LA Code / Code revised-statutes / Title 40 / Section 1394
Salary scale; vouchers in payment of expenses; allowances
Status: in_force

The salary scale of the enumerated troopers and officers of the Division of State Police, whether under civil service or otherwise, shall be as follows:

Trooper, minimum salary $565.00 per month;

Sergeant, minimum salary $675.00 per month;

Lieutenant, minimum salary $760.00 per month;

Captain, minimum salary $850.00 per month;

Major, minimum salary $965 per month;

Lt. Colonel, minimum salary $1,120 per month.

All troopers shall maintain grade for a minimum period of three years. All sergeants shall maintain grade for a minimum period of two years. All lieutenants shall maintain grade for a minimum period of two years. At the end of the respective periods in grade, they shall be paid at the maximum rate prescribed for the respective grades and be eligible for promotion to the next higher grade as vacancies occur.

The department may approve vouchers in payment of expenses incurred by employees of the division in the discharge of their duties.

Allowance for lodging and subsistence may be paid to the employees of the division under such terms and conditions as the department prescribes. The department may provide lodging and subsistence for employees of the division at their official stations.

Amended by Acts 1952, No. 299, §1; Acts 1970, No. 33, §1.
La. Rev. Stat. § 40:578 — LA Code / Code revised-statutes / Title 40 / Section 578
Procedure for exercising powers
Status: in_force

The exercise by a state public body of the powers granted it in this Part shall be authorized by resolution of its government body, adopted by a majority of the members thereof present at the meeting of the governing body. This resolution may be adopted at the meeting at which it is introduced. It shall take effect immediately and need not be laid over, published, or posted.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1730.28.4 — LA Code / Code revised-statutes / Title 40 / Section 1730.28.4
Energy Code Commission: members; purpose; procedure; termination
Status: in_force

A. The Energy Code Commission, hereinafter referred to as the "commission", is hereby created and shall be composed of the following voting members:

(1) The president of the Louisiana Home Builders Association (LHBA) or his designee.

(2) The president of the Building Officials Association of Louisiana, Inc., or his designee.

(3) The president of AIA Louisiana or his designee.

(4) The president of the New Orleans ASHRAE Chapter or his designee.

(5) The president of the Apartment Association of Louisiana, Inc., or his designee.

(6) The president of the Greater New Orleans Housing Alliance or his designee.

(7) The chairman of the Associated Builders and Contractors of Louisiana or his designee.

(8) The general president of the Laborers' International Union of North America or his designee.

(9) The state president of the HVACR Association of Louisiana or his designee.

(10) The president of the Louisiana Associated General Contractors, Inc., or his designee.

(11) The chairman of the Louisiana Chemical Association or his designee.

(12) The president of the Louisiana REALTORS or his designee.

(13) A designee of the Southeast Louisiana Coalition of the Air Conditioning Industry who is a RESNET HERS rater designated by the president of the Southeast Louisiana Coalition of the Air Conditioning Industry.

B. In addition to the voting members of the commission, the commission shall be composed of the following nonvoting members:

(1) The secretary of the Department of Conservation and Energy or his designee.

(2) The director of the facilities planning and control department, division of administration, or his designee.

(3) The chairman of the Technical Committee of the Louisiana State Uniform Construction Code Council, Department of Public Safety and Corrections, or his designee.

C. The names of the members chosen or designated as provided in Subsections A and B of this Section shall be submitted to the chairman of the council on or before August 1, 2022.

D. The commission shall cease to exist and have no authority upon the adoption of the 2021 International Energy Conservation Code as provided by R.S. 40:1730.28(7) pursuant to the council's authority to promulgate rules in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.

E.(1) The primary function of the commission shall be to provide amendments to the code delineated in R.S. 40:1730.28.5 in order to address energy efficiency requirements to reduce the long-term energy cost burden for building occupants in this state.

(2) A vote on proposed amendments shall take place only when a quorum of the commission members is present. A simple majority of the commission shall constitute a quorum.

(3) The commission shall provide amendments to the council that have been approved by a majority vote of the total members of the commission present and voting, and those amendments shall be included in the provisions of the code adopted by the council pursuant to R.S. 40:1730.28.5.

Acts 2022, No. 635, §1; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.
La. Rev. Stat. § 40:2103 — LA Code / Code revised-statutes / Title 40 / Section 2103
Date licenses must be obtained; moratorium on licensure of long-term care hospitals and beds
Status: in_force

A. After July 1, 1961, no person acting individually or jointly with any other person shall establish, conduct, or maintain a hospital without a license from the department, except that any hospital in operation at the time of enactment of this Part shall make application for a license and may continue in operation until action has been taken on the application. Such hospitals shall be given a reasonable time, under the particular circumstances, not to exceed one year without department approval from the date of adoption of rules, regulations, and minimum standards as herein provided, within which to comply with such rules, regulations, and minimum standards.

B. A provisional license may be issued to a hospital for periods of six months in cases where sufficient compliance with regulations, codes or minimum standards require an extension of time. The failure to comply must not be detrimental to the health or safety of the residents and the deficiencies must be cited at the time of issuance.

C.(1) Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health shall implement a moratorium, effective August 1, 1997, on the licensure of long-term care hospital facilities and beds in long-term care hospital facilities. The Louisiana Department of Health shall not approve for licensure as a hospital and enrollment as a Medicaid provider any long-term care hospital facility, as defined in 42 CFR 412.23, nor shall it approve for licensure and enrollment as a Medicaid provider any bed in such a facility, until July 1, 2008.

(2) This moratorium shall not apply to facilities licensed and converted to long-term care hospital facilities prior to December 1, 1997, or to Louisiana entities that, prior to July 1, 1997, have filed an application for accreditation with the Joint Commission on Accreditation of Healthcare Organizations for facilities leased from a major teaching hospital, and have given notice to the Louisiana Department of Health of their intention to obtain long-term care hospital status for such hospital facilities.

(3) Without limiting the generality of the foregoing, the legislature specifically intends that this moratorium shall not apply to the facility in Orleans Parish formerly known as New Orleans General Hospital. Further, to the extent permitted by federal law this moratorium shall apply only to facilities enrolled in the Medicaid program.

Added by Acts 1961, No. 90, §1. Amended by Acts 1970, No. 408, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 2001, No. 863, §2, eff. June 26, 2001; Acts 2003, No. 1191, §2, eff. July 3, 2003.
La. Rev. Stat. § 40:57 — LA Code / Code revised-statutes / Title 40 / Section 57
Divorce certificate; registration of divorces and annulments
Status: in_force

For every divorce and every annulment of marriage decreed by any court, the clerk of the court shall prepare, within ten days after the decree becomes final, from the court records, a certificate of the decree on forms furnished by the state registrar.

On or before the fifteenth day of each calendar month, the clerk shall forward the certificates which were prepared by him during the preceding calendar month to the state registrar.

Acts 1979, No. 776, §1.
La. Rev. Stat. § 40:962 — LA Code / Code revised-statutes / Title 40 / Section 962
Authority to control
Status: in_force

A. All controlled dangerous substances listed in R.S. 40:964 are hereby controlled.

B. The secretary shall add a substance as a controlled dangerous substance if it is classified as a controlled dangerous substance by the Drug Enforcement Administration of the United States government.

C. The secretary may by rule add to the schedules provided in R.S. 40:964 any drug or other substance if he finds that such drug or other substance has a high potential for abuse, and after such a finding by the secretary, the drug shall be added in the appropriate schedule under the criteria provided under R.S. 40:963. In making a finding that a drug or other substance has a high potential for abuse, the secretary shall consider the following factors with respect to each drug or other substance proposed to be controlled:

(1) Its actual or relative potential for abuse.

(2) Scientific evidence of its pharmacological effect, if known.

(3) State of current scientific knowledge regarding the substance.

(4) Its history and current pattern of abuse.

(5) Its scope, duration and significance of abuse.

(6) What, if any, risk there is to public health.

(7) Its psychic or physiological dependence liability.

(8) Whether the substance is an immediate precursor of a substance already controlled by this Section.

D. In an adjudication, the secretary may transfer a controlled substance from one schedule to another schedule upon the basis of a finding that the characteristics of the controlled drug or substances are such that under the criteria in R.S. 40:963 the controlled substances should be transferred or that a transfer of any substance listed under R.S. 40:964 from one schedule to another schedule should be made in order to conform with the schedule in which the drug is placed by the Drug Enforcement Administration of the United States government.

E. If the secretary designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

F. The secretary shall exclude any nonnarcotic substance from a schedule if the substance may, under the Federal Food, Drug, and Cosmetic Act and the law of this state, be lawfully sold over the counter without a prescription.

G. The reclassification of any controlled dangerous substance or its transfer from one schedule to another by the secretary or the state health officer shall not affect the penalties provided by this Part.

H. If the scheduling of a substance in Schedule I is necessary to avoid an imminent peril to the public health, safety, or welfare, the secretary may adopt an emergency rule adding the substance to Schedule I pursuant to R.S. 49:962. In determining whether the substance poses an imminent peril to the public health, safety, or welfare, the secretary shall consider the factors set forth in Paragraphs (C)(4), (5), and (6) of this Section.

I. The secretary may by rule delete any drug or other substance from the schedules provided in R.S. 40:964 if the drug or other substance is no longer classified as a controlled dangerous substance by the United States Drug Enforcement Administration.

Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 649, §1; Acts 1978, No. 717, §1; Acts 1994, 3rd Ex. Sess., No. 34, §2; Acts 2018, No. 206, §4; Acts 2021, No. 96, §1, eff. June 4, 2021; Acts 2021, No. 211, §10.
La. Rev. Stat. § 40:1390 — LA Code / Code revised-statutes / Title 40 / Section 1390
Resisting arrest and interference with officers; penalty
Status: in_force

Any person who resists arrest by any officer or agent of the division or who interferes with or obstructs the head of the division or any officer or agent thereof in the lawful performance of any duty imposed on him by this Sub-part or any duty assigned to him under authority of this Sub-part shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than thirty days nor more than six months, or both.
La. Rev. Stat. § 40:2002.7 — LA Code / Code revised-statutes / Title 40 / Section 2002.7
E. A. Conway Medical Center
Status: in_force

The state operated general hospital located in Monroe, Louisiana heretofore known as E. A. Conway Memorial Hospital, is hereby designated and shall be hereafter known as E. A. Conway Medical Center.

Acts 1991, No. 390, §3, eff. July 8, 1991.
La. Rev. Stat. § 40:1915 — LA Code / Code revised-statutes / Title 40 / Section 1915
Restrictions on sale of anhydrous ammonia; permit; bond; insurance
Status: in_force

A. No person shall engage in business as a dealer in anhydrous ammonia or as a dealer in equipment used in the handling of anhydrous ammonia, as herein defined in R.S. 40:1913(B)(1), within the state of Louisiana, without first having obtained a permit from the Liquefied Petroleum Gas Commission. This permit shall be issued only after the proper written application has been completed and filed, fees paid to the commission, and after all other requirements for such dealers have been complied with by the applicant.

B.(1) Dealers shall inspect their customers' tanks and receptacles annually. A report showing proof of inspection shall be mailed to the office of the director of the Liquefied Petroleum Gas Commission by the twentieth of the month following inspection. Each inspection shall be good for one year only.

(2) Every storage container inspected pursuant to this Subsection shall be tagged by a dealer. Inspection stickers are to be obtained from the Liquefied Petroleum Gas Commission on an annual basis.

C. Before engaging in business as a dealer, the applicant shall satisfy the commission that he is financially responsible. This provision as to financial responsibility will be complied with by filing with the commission evidence that the applicant has applied for insurance, and that his application has been approved, on standard contract forms, and a policy is to be issued by an insurance company licensed to do business in the state in such kind and for such limits as may be prescribed by the commission.

D. Repealed by Acts 1993, No. 586, §2.

Amended by Acts 1950, No. 182, §§3, 4; Acts 1952, No. 74, §5; Acts 1958, No. 197, §1; Acts 1982, No. 124, §1, eff. Jan. 1, 1983; Acts 1990, No. 247, §1; Acts 1993, No. 586, §2; Acts 2005, No. 494, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1355.
La. Rev. Stat. § 40:431.1 — LA Code / Code revised-statutes / Title 40 / Section 431.1
Jefferson Parish Housing Authority; power of taxation
Status: in_force

A. Notwithstanding any other provision of law to the contrary, the Jefferson Parish Housing Authority may levy and collect annually an ad valorem tax, as authorized by the housing authority, subject to prior approval of the Jefferson Parish Council.

B. The amount of the annual tax or fee shall be requested by duly adopted resolution of the board of commissioners of the housing authority, and the amount of the tax shall not exceed one-half mill.

C.(1) A tax shall be imposed only after the question of its imposition has been approved by a majority of registered voters of the parish voting at a regularly scheduled primary or general election held for that purpose in accordance with the Louisiana Election Code. No other election shall be required except as provided by this Subsection.

(2) The tax shall expire at the time provided in the proposition authorizing the tax, not to exceed eight years from its initial imposition; however, the tax may be renewed as provided for in Paragraph (1) of this Subsection.

D. The tax shall be collected in the same manner and at the same time as all other ad valorem taxes on property subject to taxation by the parish are levied and collected.

E. The proceeds of such tax shall be used solely and exclusively for the purpose and benefit of the housing authority; however, the parish may retain one percent of the amount collected as a collection fee.

Acts 2008, No. 869, §1.
La. Rev. Stat. § 40:983.1 — LA Code / Code revised-statutes / Title 40 / Section 983.1
Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance on or within one thousand feet of school property
Status: in_force

A. Any person who creates or operates a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance in violation of the provisions of R.S. 40:983 while on any property used for school purposes by any school or within one thousand feet of any such property shall, upon conviction, be punished in accordance with Subsection D of this Section.

B. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.

C. For purposes of this Section:

(1) "School" means any public or private elementary, secondary, vocational-technical school, or any public or private college or university in Louisiana.

(2) "School property" means all property used for school purposes, including but not limited to school playgrounds, as well as any building or area owned by the state or by a political subdivision and used or operated as a playground or recreational facility and all parks and recreational areas administered by the office of state parks.

D. Whoever violates the provisions of this Section shall be imprisoned at hard labor for not less than five nor more than fifteen years; and may, in addition, be sentenced to pay a fine of not more than twenty-five thousand dollars. At least three years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

E. The sentence imposed pursuant to the provisions of this Section shall be served consecutively with the sentence imposed pursuant to the provisions of R.S. 40:983.

Acts 2004, No. 875, §1.
La. Rev. Stat. § 40:2124 — LA Code / Code revised-statutes / Title 40 / Section 2124
Contribution to cost of care by parent; notification; payment; default
Status: in_force

A. When the Louisiana Department of Health provides payments for care and treatment of a child under the provisions of this Part, the parent or guardian will be required to contribute to the cost of care of the child in a manner which is (1) consistent with applicable federal and state regulations, (2) commensurate with his ability to pay, and (3) in accordance with a sliding scale which shall be established by the Louisiana Department of Health.

B. The Louisiana Department of Health shall notify parents or guardians of their responsibility to contribute to the cost of care and shall bill the parents or guardians on a periodic basis, but no less often than quarterly, for the amount due.

C. Such payments by parents or guardians shall be made directly to the Louisiana Department of Health and shall be deposited in the state treasury.

D. In the event of default by parents or guardians, the Louisiana Department of Health shall exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Section.

Acts 1981, No. 673, §1.
La. Rev. Stat. § 40:1844 — LA Code / Code revised-statutes / Title 40 / Section 1844
Meetings
Status: in_force

The commission shall hold not more than one meeting per month at its domicile and no meeting shall be for longer than is absolutely necessary to transact the business of the commission, provided, however, that the commission may hold three of its monthly meetings at places in the state elsewhere than at its domicile.

Acts 1950, No. 63, §1.
La. Rev. Stat. § 40:1133.3 — LA Code / Code revised-statutes / Title 40 / Section 1133.3
Louisiana Emergency Medical Services Commission; creation; membership; qualifications; terms; vacancies; meetings; officers; compensation; domicile
Status: in_force

A. The Louisiana Emergency Medical Services Commission is hereby created within the Louisiana Department of Health.

B.(1) The commission shall be composed of twelve voting members appointed by the governor as follows:

(a) Two emergency medical services administrators, including one representing the private sector and one representing the public sector.

(b) Two licensed paramedics and one licensed emergency medical technician who are approved as emergency medical services educators by the bureau. At least one of the members as provided in this Subparagraph shall be appointed by the Louisiana Fire Chiefs Association.

(c) Four physicians, one from each of the following organizations:

(i) The American College of Emergency Physicians.

(ii) The American College of Surgeons.

(iii) The Louisiana State Medical Society.

(iv) The American Academy of Pediatrics.

(d) One member who is, at a minimum, a state-certified emergency medical technician nominated by the Louisiana Municipal Association.

(e) One member nominated by the Professional Firefighters Association of Louisiana.

(f) One member who is a registered nurse and who is a state-licensed paramedic to be nominated by the Louisiana State Nurses Association from a list of two names submitted by the Louisiana Emergency Nurses Association.

(2) Repealed by Acts 2024, No. 171, §2, eff. May 23, 2024.

C. Each member of the commission shall be a resident of Louisiana for at least one year, have had three years experience in his respective field of practice, and be actively engaged in the practice of emergency medical services at the time of his appointment.

D.(1) The initial voting members of the commission shall be appointed no later than October 1, 1997, from a list of two nominees for each appointment submitted by the task force. If the task force fails to submit a list of nominees to the governor by September 1, 1997, the governor shall appoint the respective members of the commission without the nomination list required by this Section.

(2) The nonvoting member shall be appointed to serve terms of three years. The initial member shall be appointed by the governor to an initial term of three years by October 1, 1997 or within thirty days of receipt of the list from the Louisiana State Nurses Association, whichever is later.

E. Each appointment by the governor shall be submitted to the Senate for confirmation.

F.(1) The voting members appointed to the commission shall serve as follows: three members shall be appointed to serve an initial term of one year; three members shall be appointed to serve an initial term of two years; and three members shall be appointed to serve an initial term of three years. Thereafter, each member shall be appointed to serve a term of three years.

(2) No individual shall serve more than two consecutive terms.

G. Subsequent to the appointment of the initial members, the voting members shall be appointed from a list of two nominees for each appointment submitted by the task force. No later than thirty days prior to the termination date of a member's term, the task force shall submit a list of nominees to the governor. If the Louisiana State Nurses Association or the task force fails to submit the required list of nominees to the governor within thirty days, the governor shall appoint the respective member to fill the vacancy without the nomination list required.

H. The governor shall call the first meeting of the commission no later than November 30, 1997. At a minimum, the commission shall meet on a quarterly basis and, in addition, shall meet when called by the chairman or upon the written request of at least four voting members of the commission.

I. The commission shall annually elect a chairman, vice chairman, and secretary from among its voting membership and shall maintain a record of the attendance of its members at commission meetings.

J. For each day while performing his official duties, a member of the commission may be reimbursed for expenses and mileage at the same rate set by the division of administration for state employees under the provisions of R.S. 39:231.

K. The commission shall be domiciled in Baton Rouge.

L. The governor shall remove a member of the commission after a hearing by the commission during which charges for removal have been established and provided that a majority of the members have recommended removal.

Acts 1997, No. 913, §2; Acts 2010, No. 329, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.2 by HCR 84 of 2015 R.S.; Acts 2024, No. 171, §§1, 2, eff. May 23, 2024.
La. Rev. Stat. § 40:1170.4 — LA Code / Code revised-statutes / Title 40 / Section 1170.4
Enforcement; civil actions against covered entities; construction of Section
Status: in_force

A. Whenever an individual believes that a covered entity has violated or is violating any provision of R.S. 40:1170.3, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this Subpart. The action may be brought in the district court for the parish where the affected individual resides or resided or was denied the organ transplant or referral.

B. In an action brought under this Section, the court shall give the action priority on its docket and expedited review, and may grant injunctive or other equitable relief including by any of the following means:

(1) Requiring auxiliary aids or services to be made available for a qualified recipient.

(2) Requiring the modification of a policy, practice, or procedure of a covered entity.

(3) Requiring that facilities be made readily accessible to and usable by a qualified recipient.

C. Nothing in this Section is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), or any other applicable law.

D. This Section shall not be construed as creating a right to compensatory or punitive damages against a covered entity.

Acts 2019, No. 57, §3, eff. May 30, 2019.
La. Rev. Stat. § 40:463 — LA Code / Code revised-statutes / Title 40 / Section 463
Grants, donations and contributions
Status: in_force

A local housing authority may grant or otherwise agree to provide funds, property, or services to others, and to enter into arrangements involving the same, in such manner and amount as the authority may deem appropriate if the authority determines such action will benefit residents or other persons of eligible income, or will otherwise further the purposes of this Chapter; provided such expenditures, property or services are provided in accordance with law and for a public purpose. Notwithstanding the foregoing, a housing authority may not engage in political activities and may not make any grant or contribution to any candidate for political office, any campaign committee or other organization advocating the election of a political candidate, or any political action committee or other organization whose principal activity involves political action or advocacy.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:31.11 — LA Code / Code revised-statutes / Title 40 / Section 31.11
Purpose
Status: in_force

The office of public health of the Louisiana Department of Health and parish health units are hereby authorized to establish immunization registries for the purpose of improving the immunization rates of the state's children and young adults in order to prevent the spread of diseases at which the immunizations are directed. Registries established in accordance with this Part shall provide for a method of informing the parent, guardian, or registrant when the registrant is due or is late for a recommended immunization and shall serve as a means for persons and institutions that either provide immunization services or are required to ensure that persons are immunized to receive prompt and accurate immunization information. Such persons and institutions shall include but not be limited to public health units, healthcare providers, schools, and early learning centers.

Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.
La. Rev. Stat. § 40:1223.4 — LA Code / Code revised-statutes / Title 40 / Section 1223.4
Telehealth; rulemaking required
Status: in_force

A. Each state agency or professional or occupational licensing board or commission that regulates the practice of a healthcare provider, as defined in this Part, shall promulgate, in accordance with the Administrative Procedure Act, any rules necessary to provide for, promote, and regulate the use of telehealth in the delivery of healthcare services within the scope of practice regulated by the licensing entity.

B. The rules shall, at a minimum, provide for all of the following:

(1) Application of all laws regarding the confidentiality of healthcare information and the patient's rights to the patient's medical information created during telehealth interactions.

(2) Application of the same standard of care by a healthcare provider as if the healthcare services were provided in person.

(3)(a) Licensing or registration of out-of-state healthcare providers who seek to furnish healthcare services via telehealth to persons at originating sites in Louisiana. The rules shall ensure that the healthcare provider possesses, at a minimum, an unrestricted and unencumbered license in good standing to perform the healthcare service in the state in which the healthcare provider is located, and that the license is comparable to its corresponding license in Louisiana as determined by the respective Louisiana licensing agency, board, or commission.

(b) Each state agency and professional or occupational licensing board or commission may provide by rule for a reasonable fee for the license or registration provided for in this Subsection.

(4) Exemption from the telehealth license or registration required by this Subsection for the consultation of a healthcare professional licensed by this state with an out-of-state peer professional.

(5) Except as otherwise provided in Paragraph (6) of this Subsection, a healthcare provider shall not be required to conduct an in-person patient history or physical examination of the patient before engaging in a telehealth encounter but shall provide a referral to a healthcare provider in this state or arrange for follow-up care in this state as necessary.

(6) Except as authorized by R.S. 37:1271.1 or otherwise by rule promulgated by a state agency or professional or occupational licensing board or commission, no healthcare provider shall prescribe any controlled dangerous substance prior to conducting an appropriate in-person patient history or physical examination of the patient as determined by the appropriate state agency or professional or occupational licensing board or commission.

(7) A healthcare provider may use interactive audio without the requirement of video if, after access and review of the patient's medical records, the healthcare provider determines that he is able to meet the same standard of care as if the healthcare services were provided in person.

(8) Creation of a record on each patient. The record shall be made available, upon request, to the state agency or professional or occupational licensing board or commission that regulates the practice of the healthcare provider.

C. Nothing in this Part shall be construed to authorize a state agency or professional or occupational licensing board or commission to expand, diminish, or alter the scope of practice of any healthcare provider.

Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.404 by HCR 84 of 2015 R.S.; Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
La. Rev. Stat. § 40:1201.2 — LA Code / Code revised-statutes / Title 40 / Section 1201.2
Clinical preceptor training program
Status: in_force

A. The Louisiana Community and Technical College System is hereby authorized to develop and maintain a clinical preceptor nurse aide training program.

B. Any program developed under the provisions of this Part shall be in compliance with all federal laws and regulations.

Acts 2011, No. 50, §2; Redesignated from R.S. 40:1300.22 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1243.1 — LA Code / Code revised-statutes / Title 40 / Section 1243.1
Healthcare providers; upper payment limit
Status: in_force

A. Subject to appropriation, the Louisiana Department of Health may develop and maintain a Medicaid upper payment limit financing methodology which incorporates any healthcare provider licensed by the Louisiana Department of Health. The purpose of developing an upper payment limit financing methodology is to enhance the delivery of healthcare services to the uninsured and Medicaid patients. Any such upper payment limit financing methodology shall be in accordance with federal law and subject to approval by the Centers for Medicare and Medicaid Services.

B. The department may submit waivers or state plan amendments to the Centers for Medicare and Medicaid Services in order to secure federal financial participation in relation to any such upper payment limit financing methodology. Disbursements of monies generated by the use of an upper payment limit methodology shall be made only in accordance with an approved waiver or state plan amendment.

Acts 2011, No. 310, §1, eff. June 28, 2011; Redesignated from R.S. 40:1300.331 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:651 — LA Code / Code revised-statutes / Title 40 / Section 651
Definitions
Status: in_force

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

(1) "Confirmed positive test result" means any result obtained from a laboratory test of an ingredient, equipment, container, or finished product that indicates the presence of an adulterant, as defined by R.S. 40:607 et seq., in excess of any tolerance specified in state or federal law or regulations.

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

(3) "Food processing plant" means a commercial operation that manufactures food for human consumption and does not provide food directly to a consumer from that location. Such term shall not include a commercial operation that produces raw agricultural commodities and whose end product remains a raw agricultural product.

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

Acts 2009, No. 341, §1, eff. July 6, 2009.
La. Rev. Stat. § 40:1269.2 — LA Code / Code revised-statutes / Title 40 / Section 1269.2
Definitions
Status: in_force

For the purpose of this Part:

(1) "Dog" means any member of the canine family or species.

(2) "Inoculation" means the injection, subcutaneously or otherwise, of animal anti-rabies vaccine as approved by the Louisiana Department of Health.

(3) "Owner" means any person who keeps in his care or harbors or who has the custody of a dog.

(4) "Local health authority" means any parish or municipal board, officer, department or other agency charged with the responsibility of preserving the public health.

(5) "Rabies" means hydrophobia (madness), the infectious disease of the brain transmitted by specific virus which occurs in saliva.

Added by Acts 1954, No. 663, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1276 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1253.4 — LA Code / Code revised-statutes / Title 40 / Section 1253.4
Louisiana Department of Health information
Status: in_force

A. The Louisiana Department of Health shall make available to the public all informational bulletins, health plan advisories, and guidance published by the department concerning the Louisiana Medicaid managed care program. The department shall publish and make such information available to the public on its website.

B. Prior to August 1, 2015, every managed care organization contracted with the state to provide Medicaid-covered healthcare services to Medicaid enrollees shall report to the department the uniform resource locator of a webpage which contains a publicly accessible copy of all practice guidelines utilized by each managed care organization which are required to be made available to healthcare providers pursuant to 42 CFR 438.236(c). The department shall place and maintain publicly accessible web links to each of these respective webpages upon its website.

Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.364 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015; Acts 2017, No. 349, §1.
La. Rev. Stat. § 40:1113.2 — LA Code / Code revised-statutes / Title 40 / Section 1113.2
Blood and tissue storage facilities; test for HIV
Status: in_force

A. A blood bank, tissue bank, or other blood or tissue storage facility shall perform an HIV test on the blood or tissue of all donors or cause such test to be performed. A blood or tissue storage facility shall not accept a blood or tissue donation from a donor whose HIV test results in a positive reaction unless:

(1) The secondary, corroborative HIV test provides evidence that the first HIV test was a false positive reaction.

(2) The blood, tissue, or a product of the blood of the donor will only be used for research purposes.

B. The results of the tests performed pursuant to this Section shall be released only to:

(1) The subject of the test;

(2) The subject's or patient's treating physician;

(3) A health care provider who procures, processes, distributes, or uses an anatomical gift for the sole purpose of ascertaining the medical acceptability of the anatomical gift;

(4) The coroner, funeral director, or other person who examines or prepares the body of a decedent for burial or other disposition; or

(5) The office of public health of the Louisiana Department of Health for the restricted purpose of controlling the spread of communicable diseases as authorized by Title 36 and Title 40 of the Louisiana Revised Statutes and by the Louisiana State Sanitary Code.

Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.142 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1551 — LA Code / Code revised-statutes / Title 40 / Section 1551
Creation; authority of parish governing authorities; purpose
Status: in_force

A. The governing authority of any parish or the governing authorities of any group of parishes are hereby authorized and empowered, upon their own initiative, to form and create a fire and emergency training services district as a political subdivision of the state.

B. The purpose of a fire and emergency training services district, hereinafter sometimes referred to as "district" and the governing bodies created pursuant to this Chapter shall be to maintain and operate a well-equipped educational and training institution or facility to teach and train fire fighting and emergency services personnel. The production of well-qualified personnel will serve only to enhance the state's fire protection and emergency services provision efforts, which in turn shall benefit all of the citizens of this state.

C. In providing training for the fire service, the district shall coordinate such efforts with the office of state fire marshal Fire and Emergency Training Academy to prevent duplication of efforts and duplication of cost, and to ensure standardization in accordance with R.S. 40:1541 et seq. In addition, all aspects of the training, including but not limited to personnel, participants, programs, and courses, shall be certified by and through the Fire and Emergency Training Academy of the office of state fire marshal.

Acts 2001, No. 188, §1, eff. May 31, 2001; Acts 2022, No. 231, §3.
La. Rev. Stat. § 40:2821 — LA Code / Code revised-statutes / Title 40 / Section 2821
Legislative findings
Status: in_force

A. This Chapter may be cited as the "Drinking Water Revolving Loan Fund Act".

B. The legislature finds and declares that:

(1) The Louisiana Department of Health, office of public health, is the state agency within Louisiana which has, since 1977, been granted primary enforcement responsibility from the United States Environmental Protection Agency to ensure that public drinking water systems within the state are in compliance with state regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

(2) The Department of Environmental Quality has, since 1989, been operating and maintaining the Clean Water State Revolving Fund in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), commonly referred to as the Clean Water Act, to provide assistance to wastewater treatment facilities owned or operated by municipalities and other political subdivisions, and for other assistance allowed by such Act.

(3) The Constitution of Louisiana authorizes legislation which enables the state or its political subdivisions to comply with federal law in order to secure federal participation in the funding of capital projects. This Act creates the Drinking Water Revolving Loan Fund in accordance with the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.) for the purpose of providing financial assistance for the improvement of public drinking water systems in Louisiana.

(4) The financial administration of the Drinking Water Revolving Loan Fund shall be with the Louisiana Department of Health.

(5) Relative to the Drinking Water Revolving Loan Fund Program, the Louisiana Department of Health, office of public health, shall have the authority to establish assistance priorities and perform oversight and other related activities.

Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2003, No. 67, §3, eff. May 28, 2003; Acts 2010, No. 296, §4, eff. June 17, 2010.
La. Rev. Stat. § 40:401 — LA Code / Code revised-statutes / Title 40 / Section 401
Vesting of authority's powers in commissioners, voting
Status: in_force

The powers of each local housing authority shall be vested in its commissioners. A majority of the commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its power and for all other purposes. Except for any matter with respect to which the resolution creating the authority or its bylaws requires a higher number or proportion of votes, action may be taken by the authority upon the vote of a majority of the commissioners present and voting.

Amended by Acts 1979, No. 266, §1, eff. July 10, 1979; Acts 1982, No. 846, §1; Acts 1983, No. 564, §1; Acts 1986, No. 920, §1, eff. July 10, 1986; Acts 1990, No. 426, §1; Acts 1991, No. 289, §12; Acts 1993, No. 298, §1, eff. Oct. 1, 1993; Acts 1993, No. 546, §1; Acts 1995, No. 898, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:712 — LA Code / Code revised-statutes / Title 40 / Section 712
Part inapplicable to persons selling soft drinks where manufactured
Status: in_force

Nothing in this Part applies to persons operating soda fountains and selling soft drinks, malt beverages, and other non-alcoholic beverages in glasses or jugs on the premises where manufactured.
La. Rev. Stat. § 40:1191.4 — LA Code / Code revised-statutes / Title 40 / Section 1191.4
Limitation of liability
Status: in_force

The provisions of this Part shall not be construed to create a cause of action, nor shall the health facility, or any person authorized to act on behalf of the health facility, be held civilly liable for any damages when a health facility makes a final disposition of the fetal remains in accordance with the provisions of this Part.

Acts 2016, No. 59, §1, eff. May 10, 2016.
La. Rev. Stat. § 40:1503 — LA Code / Code revised-statutes / Title 40 / Section 1503
West Baton Rouge Parish Fire Protection District No. 1; creation; subdistricts; boards; powers, duties, and functions
Status: in_force

A. When used in this Section, the following terms have these meanings:

(1) "Council" means the West Baton Rouge Parish Council.

(2) "District" means West Baton Rouge Parish Fire Protection District No. 1.

(3) "Fire protection service" means, but is not necessarily limited to:

(a) Acquiring and maintaining land for a fire station site.

(b) Acquiring, constructing, maintaining, and operating fire protection facilities.

(c) Acquiring, maintaining, and operating fire trucks and other fire protection or emergency equipment.

(d) Obtaining water for fire protection purposes, including charges for fire hydrant rentals and service.

(e) Paying salaries of firemen.

(4) "Parish" means West Baton Rouge Parish.

B. In addition to other authority granted by law, the West Baton Rouge Parish Council may create a fire protection district in the manner and subject to the limitations and restrictions contained in this Section. The district shall be designated as "West Baton Rouge Parish Fire Protection District No. 1" and may include two or more fire protection subdistricts.

C. The boundaries of the district shall be coterminous with the boundaries of the parish.

D. Subject to the provisions of this Section, the district shall be a political subdivision within the meaning of the laws of the state relating to voting and levying of special maintenance taxes, voting and levying of service charges or fees, incurring debt, and issuing bonds therefor, including but not limited to the provisions of Subtitle II, Chapter 4, of Title 39 of the Louisiana Revised Statutes of 1950.

E.(1) Notice of intention to create the district shall be ordered by resolution of the council only if concurred in, by resolution, by each municipal governing authority in the parish. The resolution shall state that all of the parish shall be within the district and set forth the boundaries proposed for the subdistricts. The notice shall state that the council shall, in open session, on a date and at an hour and place named, proceed to create the proposed district.

(2) This notice shall be published once a week for two successive weeks, the first publication being not less than fifteen days before the date fixed for the hearing, in the parish's official journal.

F. At the place and time specified in the notice provided for in Subsection E of this Section, the council shall hold a public hearing concerning the creation of the proposed district.

G-L. Repealed by Acts 2013, No. 129, §2, eff. June 5, 2013.

Acts 1987, No. 212, §1, eff. July 2, 1987. Amended by Acts 1989, 1st Ex. Sess., No. 14, §1; Acts 2008, No. 286, §1, eff. June 16, 2008; Acts 2013, No. 129, §§1, 2, eff. June 5, 2013.
La. Rev. Stat. § 40:2009.10.1 — LA Code / Code revised-statutes / Title 40 / Section 2009.10.1
Immediate jeopardy violations in a licensed nursing home
Status: in_force

A. Except as otherwise provided in Subsection C of this Section, if the Louisiana Department of Health identifies an immediate jeopardy violation during the course and scope of a survey of a licensed nursing home, the department shall notify the administrator or his designee of such violation and make available an opportunity to speak via telephone with a department supervisor prior to the surveyor's exiting the facility if the survey is conducted during regular working hours. If the survey is conducted during a time not considered regular working hours, the administrator shall have the opportunity to speak with a department supervisor during the next business morning.

B. If an immediate jeopardy violation is noted, the department shall present the administrator or his designee with a warning that immediate action is required to remedy the violation and preserve appeal rights as significant fines may be imposed by the Centers for Medicare and Medicaid Services. The warning notice shall be clear and in writing in a standard form developed by the department that includes an explanation of the basis for the citation.

C. If the department identifies an immediate jeopardy violation after the department surveyors have exited the licensed nursing home, the department shall notify the administrator or his designee of such violation by telephone, shall forward the notice described in Subsection B of this Section to the administrator or his designee via electronic or facsimile transmission, and shall provide an opportunity to speak via telephone with a department supervisor during the next business morning after such notification. Such notification shall be provided to the nursing home on an expedited basis.

Acts 2016, No. 385, §1.
La. Rev. Stat. § 40:1734 — LA Code / Code revised-statutes / Title 40 / Section 1734
Accessibility features required of new public buildings or facilities; private buildings or facilities; dwelling units; courthouses
Status: in_force

A. Any new or altered public building or facility or private building or facility shall be made accessible pursuant to ADA Standards subject only to the limitations or exceptions provided for therein. However, any altered public building or facility or private building or facility shall not be made to comply with Sections 202.4 and F202.4 of the ADA Standards relative to path of travel.

B. Any dwelling unit in a facility which incorporates four or more dwelling units shall be made accessible in accordance with the ADA Standards and rules promulgated by the fire marshal pursuant to the Administrative Procedure Act.

C.(1) Any courthouse, except as provided for in Paragraph (5) of this Subsection, shall be made accessible pursuant to ADA Standards subject only to the limitations or exceptions provided for therein. Any multistory courthouse shall have at least one-half of all of its elevators in proper working service at all times and shall be made accessible in accordance with the ADA Standards and rules promulgated by the state fire marshal pursuant to the Administrative Procedure Act.

(2) The owner of the multistory courthouse shall contact the elevator repair company within twenty-four hours of the time the elevator became inoperable and no elevator shall remain out of service for repairs and maintenance for more than twenty-one consecutive days from the day the elevator became inoperable, unless the state fire marshal determines that extenuating circumstances necessitate that the elevator remain out of service for a longer period of time. In such an instance, the state fire marshal shall extend the time period and shall notify the owner of the deadline for compliance with this Paragraph.

(3) Failure to comply with Paragraphs (1) and (2) of this Subsection shall be considered a "de facto admission of fault" under the ADA Standards.

(4) The natural or juridical person who owns the building is responsible for the maintenance of the elevator. In addition to the penalties provided in R.S. 40:1743, any building owner who violates or fails to comply with the provisions of this Subsection shall be subject to a fine of two thousand five hundred dollars per day which shall be paid by the natural or juridical person who owns the building and is responsible for maintenance of the elevator.

(5) The provisions of this Subsection shall not apply to any building no longer occupied for the public or private sessions of a court, with its various offices. This includes but is not limited to historical courthouses no longer used for judicial proceedings and museums.

(6) This Subsection shall only apply to a courthouse that contains two or more elevators.

NOTE: §1734 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

§1734. Repealed by Acts 2024, No. 534, §2, eff. July 1, 2026.

Added by Acts 1977, No. 625, §1. Acts 1990, No. 459, §1; Acts 1995, No. 880, §1; Acts 2008, No. 218, §1; Acts 2011, No. 398, §1; Acts 2018, No. 528, §1; Acts 2024, No. 534, §2, eff. July 1, 2026.
La. Rev. Stat. § 40:1501.9 — LA Code / Code revised-statutes / Title 40 / Section 1501.9
Caddo Parish Fire District No. 4; authority to levy sales and use tax
Status: in_force

A. Notwithstanding any other provision of law to the contrary, Caddo Parish Fire District No. 4 may levy and collect a sales and use tax not to exceed one percent pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire District No. 4 may levy the tax only if the levy of the tax is approved by a majority of the qualified electors of the district voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code and held on a date that corresponds with an election date provided by R.S. 18:402(A)(1) or (B)(1).

B. The proceeds of the tax authorized by this Section shall be used for maintaining and operating fire protection facilities, for obtaining water for fire protection purposes, or for any other lawful purpose as determined by the governing board.

C. The sales and use tax so levied shall be imposed by an ordinance of the district and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the storage for use or consumption of tangible personal property, and on sales of services in the district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950.

D. The tax shall be in addition to all other authorized sales and use taxes and shall be collected at the same time and in the same manner as other local sales and use taxes.

Acts 2024, No. 206, §1.
La. Rev. Stat. § 40:613 — LA Code / Code revised-statutes / Title 40 / Section 613
Regulations governing issuance and renewal of permit
Status: in_force

The department shall make regulations prescribing the time for which the permits are issued and governing the issuance and renewal thereof.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1151.2 — LA Code / Code revised-statutes / Title 40 / Section 1151.2
Making of declaration; notification; illustrative form; registry; issuance of do-not-resuscitate identification bracelets
Status: in_force

A.(1) Any adult person may, at any time, make a written declaration directing the withholding or withdrawal of life-sustaining procedures in the event such person should have a terminal and irreversible condition.

(2) A written declaration shall be signed by the declarant in the presence of two witnesses.

(3) An oral or nonverbal declaration may be made by an adult in the presence of two witnesses by any nonwritten means of communication at any time subsequent to the diagnosis of a terminal and irreversible condition.

B.(1) It shall be the responsibility of the declarant to notify his attending physician that a declaration has been made.

(2) In the event the declarant is comatose, incompetent, or otherwise mentally or physically incapable of communication, any other person may notify the physician of the existence of the declaration. In addition, the attending physician or health care facility may directly contact the registry to determine the existence of any such declaration.

(3) Any attending physician who is so notified, or who determines directly or is advised by the health care facility that a declaration is registered, shall promptly make the declaration or a copy of the declaration, if written, or a notation of the existence of a registered declaration, a part of the declarant's medical record.

(4) If the declaration is oral or nonverbal, the physician shall promptly make a recitation of the reasons the declarant could not make a written declaration and make the recitation a part of the patient's medical records.

C.(1) The declaration may, but need not, be in the following illustrative form and may include other specific directions including but not limited to a designation of another person to make the treatment decision for the declarant should he be diagnosed as having a terminal and irreversible condition and be comatose, incompetent, or otherwise mentally or physically incapable of communications:

DECLARATION

Declaration made this _______________ day of __________ (month, year).

I, _______________________, being of sound mind, willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below and do hereby declare:

If at any time I should have an incurable injury, disease or illness, or be in a continual profound comatose state with no reasonable chance of recovery, certified to be a terminal and irreversible condition by two physicians who have personally examined me, one of whom shall be my attending physician, and the physicians have determined that my death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedure would serve only to prolong artificially the dying process, I direct (initial one only):

___That all life-sustaining procedures, including nutrition and hydration, be withheld or withdrawn so that food and water will not be administered invasively.

___That life-sustaining procedures, except nutrition and hydration, be withheld or withdrawn so that food and water can be administered invasively.

I further direct that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care.

In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.

I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.

Signed ____________________

City, Parish, and State of Residence ____________________

The declarant has been personally known to me and I believe him or her to be of sound mind.

Witness ____________________

Witness ____________________

(2) Should any of the other specific directions be held to be invalid, such invalidity shall not affect other directions of the declaration which can be given effect without the invalid direction, and to this end the directions in the declaration are severable.

(3)(a) Any declaration executed prior to January 1, 1992, which does not contain directions regarding life-sustaining procedures in the event that the declarant is in a continual profound comatose state shall not be invalid for that reason. Such declaration shall be applicable to any terminal and irreversible condition, as defined in this Subpart, unless it clearly provides to the contrary.

(b) Any declaration executed prior to August 15, 2005, which does not contain an option to specifically initial a choice regarding nutrition and hydration shall not be invalid for that reason nor presumed to mean that the declarant desires the invasive administration of nutrition or hydration.

D.(1)(a) The secretary of state shall establish a declaration registry in which a person, or his attorney, if authorized by the person to do so, may register the original, multiple original, or a certified copy of the declaration.

(b) The secretary of state shall issue a do-not-resuscitate identification bracelet to qualified patients listed in the registry. The do-not-resuscitate identification bracelet must include the patient's name, date of birth, and the phrase "DO NOT RESUSCITATE".

(2) Any attending physician or health care facility may, orally or in writing, request the secretary of state to confirm immediately the existence of a declaration and to disclose the contents thereof for any patient believed to be a resident of Louisiana. A copy of the declaration or a facsimile thereof transmitted from the office of the secretary of state shall be deemed authentic. However, nothing herein requires a physician or health care facility to confirm the existence of such declaration or obtain a copy thereof prior to the withholding or withdrawal of medical treatment or life-sustaining procedures.

(3) The secretary of state may charge a fee of twenty dollars for registering a declaration and issuing a do-not-resuscitate identification bracelet and a fee of five dollars for filing a notice of revocation. No charge shall be made for the furnishing of information concerning the existence of a declaration, the disclosure of its contents, or the providing of a copy or facsimile thereof.

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 194, §1; Acts 1991, No. 321, §1, eff. Jan. 1, 1992; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2005, No. 447, §1; Redesignated from R.S. 40:1299.58.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2536 — LA Code / Code revised-statutes / Title 40 / Section 2536
Officer-involved shooting
Status: in_force

A. In the event of an officer-involved shooting which results in death or great bodily harm, the investigators of these incidents shall be accountable only to those agencies which have been certified by the council following the effective date of January 1, 2022.

B. In addition to agency certification, there shall be within those agencies at least three certified officer-involved investigators who have completed all necessary coursework and subsequent in-service training and law enforcement experience which will establish eligibility for these investigators before training and certification.

C. The agencies shall also provide for the personnel to be certified through P.O.S.T. for the processing of all evidence associated with officer-involved shootings.

Acts 2021, No. 418, §2.
La. Rev. Stat. § 40:1493.2 — LA Code / Code revised-statutes / Title 40 / Section 1493.2
Fire District Number One of Ouachita Parish; extension of boundaries; board of commissioners
Status: in_force

Notwithstanding any provision of law to the contrary, the governing authority of Ouachita Parish, with the concurrence of the governing authority of the town of Sterlington, is authorized to extend the boundaries of Fire Protection District Number One of Ouachita Parish so that said district includes the town of Sterlington. Upon inclusion of said town, the board of commissioners of said fire protection district shall consist of the members of the governing authority of Ouachita Parish. The board of commissioners of the district shall perform all duties, functions, and powers provided in this Part and shall have responsibility for the operation and maintenance of the district. Members of the board shall receive no per diem but may be reimbursed for expenses incurred in performing the duties imposed on them by such membership.

Acts 1986, No. 174, §1.
La. Rev. Stat. § 40:713 — LA Code / Code revised-statutes / Title 40 / Section 713
Contents of application; fee
Status: in_force

A. The application for the permit required under R.S. 40:711 shall contain the name of the applicant, his address, the location of the manufacturing plants, the name of the drink or beverage, and any other pertinent information prescribed by the department in pursuance of the provisions of this Part.

B. Repealed by Acts 2000, 1st Ex. Sess., No. 125, §2, eff. July 1, 2000.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §2, eff. July 1, 2000.
La. Rev. Stat. § 40:1666.2 — LA Code / Code revised-statutes / Title 40 / Section 1666.2
Special fund
Status: in_force

For the payment of the supplemental salaries and expenses of administration provided by this Part, there is hereby created a special fund in the treasury of the state of Louisiana, to which the appropriations hereinafter made shall be credited, and the funds so credited shall be and remain dedicated to the payment of such supplemental salaries and expenses of administration, as provided in R.S. 40:1666.1 and R.S. 40:1666.6.

Acts 1963, No. 82, §3. Amended by Acts 1967, No. 82, §1; Acts 1973, No. 187, §1; Acts 1974, No. 296, §1; Acts 2014, No. 158, §3, eff. May 22, 2014; Redesignated from R.S. 33:2003. See Acts 2014, No. 158, §§3 and 7.
La. Rev. Stat. § 40:1493.1 — LA Code / Code revised-statutes / Title 40 / Section 1493.1
Fire District Number 2 of Rapides Parish; extension of boundaries
Status: in_force

Notwithstanding any provision of law to the contrary, the governing authority of Rapides Parish is authorized to extend the boundaries of Fire District Number 2 of Rapides Parish so that it includes all of Wards 1 and 8 outside the city of Alexandria and Wards 2, 3, 5, and 7.

Acts 1984, No. 536, §2, eff. Sept. 1, 1984.

{{NOTE: SEE ACTS 1984, NO. 536, §4.}}
La. Rev. Stat. § 40:1497 — LA Code / Code revised-statutes / Title 40 / Section 1497
First meeting; organization; election of secretary and treasurer
Status: in_force

The parish governing authority shall fix the time and place for the first meeting of the board. At this meeting the board shall organize and shall elect a secretary and a treasurer or a combined secretary-treasurer. The persons filling these offices may, but need not, be members of the board.

Amended by Acts 1975, No. 17, §1.
La. Rev. Stat. § 40:457 — LA Code / Code revised-statutes / Title 40 / Section 457
Resident organizations
Status: in_force

A local housing authority may:

(1) Assist in the formation and operation of resident organizations, including residential councils, resident management corporations, and other nonprofit entities controlled and operated by residents of the authority's developments.

(2) Lend monies to such resident organizations in such amounts and upon such terms and conditions as the authority deems appropriate.

(3) Enter into and perform contracts, agreements and arrangements with resident organizations for the management of housing developments and other facilities and properties and for the administration of programs, assistance, or services, and for other activities, all with respect to such matters and upon such terms and conditions as the authority may from time to time deem appropriate.

(4) Enter into partnerships, joint ventures, associations, or other arrangements with resident organizations in furtherance of the purposes of this Chapter. Such activities may include the formation and operation of business enterprises that provide employment and other benefits to residents of the authority's housing developments and others as elsewhere permitted under this Chapter.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1098.2 — LA Code / Code revised-statutes / Title 40 / Section 1098.2
Healthcare professionals; restrictions
Status: in_force

A. A healthcare professional shall not knowingly engage in any of the following acts that attempt to alter a minor's appearance in an attempt to validate a minor's perception of the minor's sex, if the minor's perception is inconsistent with the minor's sex:

(1) The prescription or administration of gonadotropin-releasing hormone analogues or other synthetic drugs used to stop luteinizing hormone and follicle stimulating hormone secretion, synthetic antiandrogen drugs used to block the androgen receptor, or any drug to suppress or delay normal puberty.

(2) The prescription or administration of testosterone, estrogen, or progesterone in amounts greater than would normally be produced endogenously in a healthy individual of the same age and sex.

(3) The performance of any sterilizing surgery, including but not limited to castration, hysterectomy, oophorectomy, orchiectomy, penectomy, and vasectomy.

(4) The performance of any surgery that artificially constructs tissue having the appearance of genitalia differing from the minor's sex, including metoidioplasty, phalloplasty, and vaginoplasty.

(5) The removal of any healthy or nondiseased body part or tissue.

(6) The performance of augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, pectoral implants, voice surgery, thyroid cartilage reduction, gluteal augmentation, hair reconstruction, or any aesthetic surgical procedure.

B. The prohibited acts listed in Subsection A of this Section shall not be considered healthcare services.

C. The prohibitions listed in Subsection A of this Section shall not limit or restrict the provision of health care to:

(1) A minor born with a medically verifiable disorder of sex development, including but not limited to external sex characteristics that are irresolvably ambiguous.

(2) A minor diagnosed with a disorder of sexual development, if a healthcare professional has determined, through genetic or biochemical testing, that the minor does not have a sex chromosome structure, sex steroid hormone production, or sex steroid hormone action that is normal for a biological male or biological female.

(3) A minor needing treatment for an infection, injury, disease, or disorder that has been caused or exacerbated by any action or procedure prohibited by this Part.

(4) A minor suffering from a physical disorder, physical injury, or physical illness that is certified by a healthcare provider and that would place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed.

D. If, prior to January 1, 2024, a healthcare professional has initiated a course of treatment for a minor which includes the prescription or administration of any drug or hormone prohibited by this Part, and if the healthcare professional determines and documents in the minor's medical record that immediately terminating the minor's use of the drug or hormone would cause harm to the minor, the healthcare professional may institute a period during which the minor's use of the drug or hormone is systematically reduced and discontinued. The period may not extend beyond December 31, 2024.

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

NOTE: Former R.S. 40:1098.2 redesignated as R.S. 40:1079.12 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1121.11 — LA Code / Code revised-statutes / Title 40 / Section 1121.11
Penalty
Status: in_force

Whoever violates any provision of this Subpart or any rule or regulation made hereunder shall, for the first offense, be fined not less than ten dollars nor more than two hundred dollars. For the second offense, he shall be fined not less than twenty-five dollars nor more than four hundred dollars. For each subsequent offense, he shall be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not less than ten days nor more than six months, or both.

Redesignated from R.S. 40:1068 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2537 — LA Code / Code revised-statutes / Title 40 / Section 2537
Whistleblower protection and cause of action
Status: in_force

A. No police employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on behalf of the employee in furtherance of any action taken to report malfeasance in office by police employees to law enforcement, whether such fellow employee is a co-worker, supervisor, or subordinate.

B.(1) A police employee may bring an action for relief against his employer, in a court of competent jurisdiction, for damages associated with any action taken by the employee which is in furtherance of reporting malfeasance in office.

(2) A person aggrieved of a violation of Subsection A of this Section shall be entitled to treble damages plus court costs and reasonable attorney fees.

C. A plaintiff shall not be entitled to recovery pursuant to this Section if the court finds that the plaintiff instituted or proceeded with an action that was frivolous, vexatious, or harassing.

Acts 2022, No. 634, §1.
La. Rev. Stat. § 40:2002.5 — LA Code / Code revised-statutes / Title 40 / Section 2002.5
Charity Hospital and Medical Center of Louisiana at New Orleans
Status: in_force

The state-operated general hospital located in New Orleans, Louisiana, heretofore known as Medical Center of Louisiana at New Orleans, is hereby designated and shall be hereafter known as Charity Hospital and Medical Center of Louisiana at New Orleans.

Acts 1991, No. 390, §3, eff. July 8, 1991; Acts 1992, No. 785, §1.
La. Rev. Stat. § 40:31.27 — LA Code / Code revised-statutes / Title 40 / Section 31.27
Judicial commitment; review
Status: in_force

A. A written report on each person committed pursuant to the provisions of this Part shall be submitted every ninety days by the treatment facility to the committing court. The report shall include but need not be limited to the committed person's response to treatment, his current condition, and the reasons, if any, why continued involuntary treatment is necessary to improve his condition or to prevent it from deteriorating. The report shall be treated by the court as confidential and shall not be available for public examination, nor shall it be subject to discovery in any proceedings other than those initiated pursuant to this Part.

B. Persons committed judicially shall have their cases reviewed in a hearing annually. The annual hearing shall be conducted according to the procedures and standards set forth by the district court for the judicial district in which the person is being confined and may be conducted through telecommunications, community antenna television, or other such technology. The court may at any time, however, upon application or upon its own motion, order a new hearing to be held in order to determine whether the involuntary status should be continued.

C. A person who is judicially committed shall be allowed to appeal devolutively from the order to the court of appeal. If the lower court finds the individual indigent, it shall allow the appeal to be taken in forma pauperis.

D. Upon affirmation of the order of commitment, the person may apply for appropriate writs from the supreme court.

E. Nothing in this Part shall deny the right of habeas corpus, including an application based upon a change of circumstances. The hearing for habeas corpus may be conducted through telecommunications, community antenna television, or other such technology.

Acts 1995, No. 373, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:2113 — LA Code / Code revised-statutes / Title 40 / Section 2113
Charges for hospitalization and drugs
Status: in_force

Notwithstanding any provisions of law or admission rules or standards of a state hospital governing the admission of poor and destitute patients, all persons who are eligible to receive medical assistance benefits from any agency or insurance company or other entity public or private administering or in any way participating in any federal medical assistance program shall, if admitted to a state hospital, be charged fees for their hospitalization and drugs rendered them at rates to be established by agreement between the state hospital and the agency or insurance company or other entity public or private administering or in any way participating in the federal medical assistance program and having the authority to establish such rates by agreement. All funds received from fees paid under the provisions of this Section on behalf of patients shall be paid into the general fund.

Added by Acts 1961, No. 90, §1. Amended by Acts 1966, No. 10, §1; Acts 1966, No. 26, eff. July 11, 1966, at 3:25 P.M.
La. Rev. Stat. § 40:1086.21 — LA Code / Code revised-statutes / Title 40 / Section 1086.21
Cytomegalovirus; point of care testing; reporting
Status: in_force

A healthcare provider attending a newborn child shall administer appropriate testing for cytomegalovirus if the newborn fails the newborn hearing screen and, in the exercise of professional judgment, the healthcare provider believes that the testing would be in the best interest of the newborn. Any testing for cytomegalovirus provided in accordance with the provisions of this Section shall be considered medically necessary and shall not be denied on the basis for failing to meet any applicable medically necessary standards or requirements by any health insurance issuer which otherwise provides coverage for the testing. The Louisiana Department of Health shall provide payment to all Medicaid providers for the costs incurred as a result of the administration of testing pursuant to the provisions of this Section. Payment shall be made by the department within thirty days of receiving a claim for payment from a healthcare provider.

Acts 2023, No. 177, §1.
La. Rev. Stat. § 40:1289.5 — LA Code / Code revised-statutes / Title 40 / Section 1289.5
Termination
Status: in_force

The provisions of this Subpart shall terminate on January 1, 2024.

Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.415 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
La. Rev. Stat. § 40:1502.2 — LA Code / Code revised-statutes / Title 40 / Section 1502.2
Service charge authorized for Fire Protection District Number Three of Beauregard Parish; assessment and collection
Status: in_force

A. The governing authority of Fire Protection District Number Three of Beauregard Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge of fifty dollars for each residential or commercial structure for a term not to exceed ten years to be assessed persons owning each structure, whether occupied or unoccupied, located wholly or partly within the boundaries of the fire protection district, subject to the provisions of Subsection B of this Section. For purposes of this Section, each residential or commercial unit in a structure shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2 shall be considered a structure. The service charges shall be used for the costs of any or all fire protection services.

B. Service charges so established shall be assessed by resolution of the governing authority of the fire protection district. However, the resolution assessing said service charges shall be adopted by the governing authority only after the question of the assessment and its duration have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.

C. Service charges assessed for fire protection services as provided in this Section shall become due and delinquent at the same time as ad valorem taxes become due and delinquent. The sheriff of Beauregard Parish may use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes.

Acts 1987, No. 145, §1, eff. June 18, 1987; Acts 2024, No. 287, §7.
La. Rev. Stat. § 40:852 — LA Code / Code revised-statutes / Title 40 / Section 852
Contents of label; required ingredients
Status: in_force

Whoever manufactures for sale within this state, or whoever sells, or offers or exposes for sale or exchange any self-rising flour or compound intended for use as a self-rising flour, under any name whatsoever, shall securely affix or cause to be securely affixed to the outside of every box, sack, or package containing the flour or compound a label, distinctly printed in plain capital letters and in the English language, containing the name and domicile of the manufacturer or dealer and the percentage by weight of each of the chemical leavening ingredients of the flour or compound.

This self-rising flour or any compound so styled, when sold for use, shall produce not less than one-half of one per cent by weight of available carbon dioxide gas and there shall not be contained therein more than three and one-half per cent of chemical leavening ingredients. Otherwise, the flour or compound shall be considered adulterated.
La. Rev. Stat. § 40:1237.3 — LA Code / Code revised-statutes / Title 40 / Section 1237.3
Medical review panel; one panel for state and private claims
Status: in_force

The following provisions shall apply when, for the same injury to or death of a patient, a malpractice claim alleges liability of both a state health care provider under the provisions of this Part and a health care provider under the provisions of Part I of this Subchapter:

(1) Unless all parties have agreed otherwise, only one medical review panel shall be convened in such instance to review the claims under this Part and Part I of this Subchapter.

(2) The panel shall consist of a single attorney chairperson and three health care providers who hold unlimited licenses to practice their profession in Louisiana.

(3) The panel shall be considered a joint medical review panel, and its actions shall be deemed to have the same force and effect as if a separate medical review panel had been convened under each of the respective Parts.

(4) The panel shall be governed by the law applicable under both Parts. In the event of a procedural conflict between the provisions of the Parts, the provisions of R.S. 40:1231.8 shall govern.

Acts 2004, No. 183, §1, eff. June 10, 2004; Redesignated from R.S. 40:1299.39.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1242 — LA Code / Code revised-statutes / Title 40 / Section 1242
Uncompensated Care Hospital Payments
Status: in_force

A.(1) The Louisiana Department of Health shall specify in the Medicaid State Plan how uncompensated care is defined and calculated and shall determine what facilities qualify for uncompensated care payments and the amount of the payments. In determining payments as provided in this Subsection, the department shall prioritize local access to care and shall distribute uncompensated care payments in proportion to the amount and type of uncompensated care reported by all qualified facilities as required by rule and as allocated in appropriations to the medical vendor payments program. The secretary shall require, as a condition of payment of uncompensated care costs provided pursuant to this Subsection, that all state and nonstate hospitals, excluding rural hospitals included in the Rural Hospital Preservation Act and their provider-based rural health clinics, and other healthcare facilities report to the department patient-specific Louisiana Medicaid universal billing revenue code format data on the amount and type of uncompensated care provided and all requested data on the amount and type of other services and activities financed by uncompensated care payments. This data shall be reported electronically by each hospital or other facility on a quarterly schedule as required by the department. The secretary shall provide, after the close of each quarter, a detailed summary of reported information to the governor and the legislature. Hospitals defined in the Rural Hospital Preservation Act shall continue to report the data collected on the Louisiana Department of Health form "Schedule of Uncompensated Care Cost" in accordance with the state plan as approved by the Centers for Medicare and Medicaid Services. The secretary of the Louisiana Department of Health shall provide an annual report of the submitted information and related payments to the governor and the legislature and shall make such data available to the public on the department's website. In addition, if a hospital or other healthcare facility does not provide the required patient-specific data, the secretary of the department may withhold an amount equal to five percent of Medicaid payments due that provider. Such withholding shall increase by five percent for each successive month that the required data is not received, but the total amount withheld shall not exceed twenty-five percent of the total monthly amount due the facility. Upon receipt of the required data, the department shall pay the facility all amounts previously withheld as a result of the failure to submit the required data. A hospital or other healthcare facility subject to withholding pursuant to this Paragraph may request an administrative review as provided by R.S. 46:437.4. The format of the data submission shall be defined as the current mandated Louisiana Medicaid program format by the secretary of the department.

(2) Nothing in this Subsection shall be construed to impede or preclude the Louisiana Department of Health from implementing the provisions of the Rural Hospital Preservation Act.

B. The secretary of the Louisiana Department of Health shall, subject to approval from the Centers for Medicare and Medicaid Services, amend the state Medicaid plan to provide for Medicaid disproportionate share payments to hospitals operated by the LSU Health Sciences Center-New Orleans under the provision of federal law that permits the reimbursement of uncompensated cost up to one hundred seventy-five percent of allowable cost.

Acts 2003, No. 906, §4, eff. July 1, 2003; Acts 2008, No. 540, §1; Acts 2022, No. 271, §§5, 9B; Redesignated from R.S. 46:2761.

NOTE: Former R.S. 40:1242 redesignated as R.S. 40:1265.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2120.55 — LA Code / Code revised-statutes / Title 40 / Section 2120.55
Duties of the nursing facility
Status: in_force

Prior to employing or contracting with a certified nurse aide, a nursing facility shall verify through the Louisiana's Certified Nurse Aide Registry that the certified nurse aide is currently certified and has a current state registration.

Acts 2009, No. 357, §1, eff. Aug. 15, 2010.
La. Rev. Stat. § 40:4.14 — LA Code / Code revised-statutes / Title 40 / Section 4.14
Not-for-profit entity or charitable organization; receipt or use of certain meats or fish in food or meal distribution
Status: in_force

Notwithstanding any provision of the state Sanitary Code or any other law or regulation to the contrary, it shall be lawful for a not-for-profit entity or a charitable organization to receive or use any commercial or game fish, migratory or resident game bird, game quadruped, as defined in R.S. 56:8, alligator, or feral hog in food or meal distribution at no cost to an individual.

Acts 2013, No. 371, §1, eff. June 18, 2013.
La. Rev. Stat. § 40:2472 — LA Code / Code revised-statutes / Title 40 / Section 2472
Definitions
Status: in_force

For the purposes of this Chapter, the following shall apply:

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

(2) "Hospital" shall mean a licensed hospital as defined by and regulated under R.S. 40:2100-40:2113.5.

(3) "Long term home health care" shall mean a comprehensive, coordinated plan of care and services provided in the home to those persons who require care, treatment, maintenance, nursing, or other medical and social services and who are medically eligible for placement in a hospital or nursing home.

(4) "Nursing home" shall mean a licensed nursing home as defined by and regulated under R.S. 40:2009.2-40:2009.19.

(5) "Primary provider of home health care" shall mean those providers that are certified to participate and who are enrolled in the Medical Assistance Program to provide such services.

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

Added by Acts 1982, No. 715, §1.
La. Rev. Stat. § 40:5.5.1 — LA Code / Code revised-statutes / Title 40 / Section 5.5.1
Food service establishments; self-service buffets
Status: in_force

A. All food services establishments shall provide a sign posted at the location of the self-service buffet which encourages individuals to wash their hands prior to serving themselves.

B. Any violation of this Section shall be a violation of the state's Sanitary Code.

C. The Louisiana Department of Health shall prescribe and publish minimum standards, rules, and regulations as necessary to effectuate the provisions of this Section.

D. For purposes of this Section "food service establishment" shall have the same meaning as provided for in R.S. 40:5.5.

Acts 2006, No. 384, §1.
La. Rev. Stat. § 40:1049.9 — LA Code / Code revised-statutes / Title 40 / Section 1049.9
Licensed practitioner with prescriptive authority exempted
Status: in_force

A health care practitioner with prescriptive authority who is licensed in the state of Louisiana shall be exempt from the requirements of the provisions of this Part in dispensing any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to his patient.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:1098.3 — LA Code / Code revised-statutes / Title 40 / Section 1098.3
Healthcare professionals; disciplinary actions
Status: in_force

If a professional or occupational licensing board finds by a preponderance of the evidence that a healthcare professional licensed or certified by the board has violated the provisions of this Part, the board shall revoke any professional or occupational license or certificate held by the healthcare professional for a minimum of two years.

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

NOTE: Former R.S. 40:1098.3 redesignated as R.S. 40:1079.13 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2205 — LA Code / Code revised-statutes / Title 40 / Section 2205
Utilization reviews; relief from liability and discovery; standards compliance
Status: in_force

Notwithstanding any other provision of law, any health care provider licensed in this state who participates in quality of care or utilization reviews by a peer review committee, as a peer review committee member or a treating health care provider whose patients are subject to such review and have been contracted, employed, or hired by a group purchaser shall be immune from liability for any act performed during such reviews of the activities of similarly licensed health care providers if such person acts without malice, makes a reasonable effort to obtain the facts, and believes that the action taken is warranted by the facts. A peer review committee shall not be subject to discovery, and no person in attendance at such reviews shall be required to testify as to what transpired at such reviews. The utilization review requirements and administrative treatment guidelines of the peer review committee employed or hired by the group purchaser shall not fall below the appropriate standard of care and shall not impinge upon the independent medical judgment of the treating health care provider.

Added by Acts 1991, No. 876, §1.
La. Rev. Stat. § 40:1373 — LA Code / Code revised-statutes / Title 40 / Section 1373
Five day work week for employees
Status: in_force

The department shall arrange the work of the office of state police so that no employee shall be required to work more than five days per calendar week without being granted compensatory time off for the period worked in excess of five days.

Amended by Acts 1981, No. 654, §1.
La. Rev. Stat. § 40:736 — LA Code / Code revised-statutes / Title 40 / Section 736
Finished product monitoring
Status: in_force

A. To assure that bottled water complies with R.S. 40:733, the following product monitoring using representative samples derived from the bottled product shall be performed.

(1) For microbiological contaminants specified in R.S. 40:733, analyze weekly a representative sample from a batch or segment of a continuous production for each type of bottled water produced by the plant.

(2) For chemical, physical, and radiological contaminants specified in R.S. 40:733, analyze annually a representative sample from a batch or segment of continuous production run for each type of bottled drinking water produced by the plant.

B. The required product water sampling shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory.

C. Records of required sampling and analysis shall be maintained at the plant not less than five years and shall be available for official review upon request of the department.

Acts 1991, No. 623, §1.
La. Rev. Stat. § 40:1 — LA Code / Code revised-statutes / Title 40 / Section 1
Assistant secretary
Status: in_force

The office of public health shall be administered by an assistant secretary appointed by the governor in accordance with the provisions of R.S. 36:257.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2254.3 — LA Code / Code revised-statutes / Title 40 / Section 2254.3
Cooperative agreements, mergers, joint ventures, and consolidations allowed
Status: in_force

A health care facility may enter into a cooperative agreement with one or more health care facilities. A health care facility may also merge or consolidate in whole or in part with one or more other health care facilities.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:1379.6 — LA Code / Code revised-statutes / Title 40 / Section 1379.6
Aviation unit; powers and duties
Status: in_force

A. There is hereby created an aviation unit in the office of state police. The unit created herein shall have authority of ownership, control, maintenance, and operation of all state-owned aircraft, including helicopters and fixed-wing aircraft, used by the office of state police. The deputy secretary for public safety services is authorized to appoint as many police and civilian employees to the unit as may be permitted by legislative appropriation.

B. 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 and rank as are assigned by the deputy secretary.

Acts 1985, No. 507, §1.
La. Rev. Stat. § 40:1022 — LA Code / Code revised-statutes / Title 40 / Section 1022
Determination of drug paraphernalia
Status: in_force

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use.

(2) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Law.

(3) The proximity of the object to controlled substances.

(4) The existence of any residue of controlled substances on the object.

(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Dangerous Substances Law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

(6) Instructions, oral or written, provided with the object concerning its use.

(7) Descriptive materials accompanying the object which explain or depict its use.

(8) National and local advertising concerning its use.

(9) The manner in which the object is displayed for sale.

(10) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.

(11) The existence and scope of legitimate use for the object in the community.

(12) Expert testimony concerning its use.

Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1060.13 — LA Code / Code revised-statutes / Title 40 / Section 1060.13
Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties
Status: in_force

A. It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician or licensed health care practitioner as defined in R.S. 40:961. This Section shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment.

B. Any person who violates the provisions of this Section shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

Acts 2006, No. 565, §1; Acts 2007, No. 287, §1; Acts 2010, No. 360, §1; Redesignated from R.S. 40:1238.1 by HCR 84 of 2015 R.S; Acts 2018, No. 203, §1.
La. Rev. Stat. § 40:2704 — LA Code / Code revised-statutes / Title 40 / Section 2704
Exemptions
Status: in_force

A. Any person is exempt from the provisions of this Chapter to the extent that such person:

(1) Uses equipment which emits ultraviolet radiation incidental to its normal operation.

(2) Does not use the equipment described in Paragraph (1) of this Subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose of tanning or other treatment.

B. Any physician licensed by the Louisiana State Board of Medical Examiners is exempt from the provisions of this Chapter and is authorized to use a phototherapy device or other medical diagnostic and therapeutic equipment which emits ultraviolet radiation.

C. Any individual is exempt from the provisions of this Chapter to the extent that such individual owns tanning equipment exclusively for noncommercial use.

D. Tanning equipment while in transit or storage incidental thereto is exempt from the provisions of this Chapter.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
La. Rev. Stat. § 40:1714 — LA Code / Code revised-statutes / Title 40 / Section 1714
Employees not covered
Status: in_force

No liability under this Part shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with Part.

Added by Acts 1972, No. 719, §1.
La. Rev. Stat. § 40:756 — LA Code / Code revised-statutes / Title 40 / Section 756
Labeling
Status: in_force

All oleomargarine sold in the state shall be labeled in accordance with Part I of this Chapter and with the regulations of the Federal Security Agency governing the labeling of oleomargarine with added vitamin A sold in interstate commerce.
La. Rev. Stat. § 40:514 — LA Code / Code revised-statutes / Title 40 / Section 514
Audits
Status: in_force

The financial statements contained in annual reports of local housing authorities with gross revenues of two hundred fifty thousand dollars or more shall be audited annually. Such financial statements of authorities with gross revenues of less than two hundred fifty thousand dollars shall be audited at least biennially.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:987 — LA Code / Code revised-statutes / Title 40 / Section 987
Injunctions
Status: in_force

Any district court of this state shall have jurisdiction in proceedings in accordance with the rules of such courts to enjoin violations of this Part and in accordance with the Code of Civil Procedure and other laws of this state.

Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:4.6 — LA Code / Code revised-statutes / Title 40 / Section 4.6
Exemption; benefits for zoos
Status: in_force

Any provision of the Louisiana Department of Health special event food and beverage preparation regulations that requires any equipment, design, construction, utensils, supplies, preparation, or services shall not apply to any organization or corporation directing or operating an event for the benefit of a publicly owned zoo nor to any participant who prepares, serves, or sells any food or beverage at such an event. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Added by Acts 1985, No. 608, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:600.90 — LA Code / Code revised-statutes / Title 40 / Section 600.90
Officers of the corporation; duties; liability
Status: in_force

A. Executive director.

(1) Appointment.

(a) The board of directors of the corporation shall appoint an executive director of the corporation subject to confirmation by the Senate for a term not to exceed three years. Any person appointed shall meet all the requirements for being a member of the board of directors except for the requirement of R.S. 40:600.89(A)(2)(a).

(b) Any person whose appointment was not confirmed shall not be reappointed for confirmation for a period of two years.

(2) Duties; requirements.

(a) The executive director of the corporation shall manage the daily affairs of the corporation and shall have such powers and duties as specified by this Chapter and by the board of directors.

(b) The executive director shall not be a member of the board.

(c) The executive director of the corporation shall be terminated only for cause.

(d) The executive director shall administer, manage, and direct the affairs and business of the corporation, subject to the policies, control, and direction of the board of directors of the corporation.

B. The executive director shall submit a staffing plan to the board for its approval.

C. No officer or employee of the corporation shall be a member of the board.

D. The powers of the board.

(1) The powers of the corporation shall be vested in the board of directors.

(2) A majority of the members of the board currently serving shall constitute a quorum for the transaction of any business, and the presence of a quorum shall be required for the exercise of any power or function of the corporation. No vacant office shall be included in the determination of the number of members of the board necessary to establish a quorum.

(3) No action shall be taken by the board until such time as at least seven of the members have been appointed and have taken the oath of office.

(4) No vacancy in the board shall impair the rights of a quorum of the board to exercise any power or function of the corporation as provided in Paragraph (5) of this Subsection.

(5) Action may be taken by a quorum of the board upon an affirmative vote of a majority of the members present.

(6) The board may create and appoint members to any committee deemed necessary or beneficial to carrying out the duties of the board.

(7) The board may employ counsel to represent the board.

(8) The board may appoint and, so appointing, prescribe the duties of the officers as are named to assist in the operation of the corporation, including, but not limited to, a secretary or treasurer of the corporation. The offices and duties shall be included in the bylaws of the corporation.

E. The corporation shall be domiciled in Baton Rouge.

F. The corporation shall adopt bylaws for its own governance and internal organization, provided that such bylaws shall not conflict with any of the provisions of this Chapter or with any other law applicable to public bodies or agencies. Except to the extent in conflict with this Chapter, the corporation and its board shall be subject to the laws relative to meetings of public bodies, public records, and the Code of Governmental Ethics.

G. No member of the board of directors shall be civilly liable by reason of any act or omission committed or suffered in the performance of his duties as member of the board or with respect to the operations of the corporation, but any act, liability for omission, or obligation of a member in the performance of his duties or with respect to the operations of the corporation shall extend to the whole of the property of the corporation, or so much thereof as may be necessary or available to discharge such liability or obligation, and not otherwise.

H.(1) If any member of the board of directors or any officer or employee of the corporation shall have an interest, either direct or indirect, in any contract to which the corporation is, or is to be, a party, or in any lending institution requesting a loan from or offering to sell insured mortgage loans to the corporation, such interest shall be disclosed to the corporation in writing and shall be set forth in the minutes of the corporation.

(2) Notwithstanding the provisions of R.S. 42:1112, no member of the board of directors and no officer or employee having such interest shall participate in any action by the corporation, including but not limited to discussion and voting on any issue bearing on that interest. The member of the board of directors shall recuse himself from any action taken by the board of directors.

(3) Failure to make a disclosure required pursuant to this Subsection shall constitute misconduct in office.

I. Fiscal matters.

(1) The corporation shall operate from self-generated funds and shall not be a budget unit of the state.

(2) The corporation may receive state appropriations and the expenditure of such appropriated funds shall be subject to budgetary controls or authority of the division of administration.

(3) The corporation shall establish an operating budget for the use of its funds, subject to the favorable vote of two-thirds of the current membership of the board of directors of the corporation.

(4) The fiscal year for the corporation shall run concurrently with the fiscal year of the state.

(5) Any budget adopted for a fiscal year shall be effective for that fiscal year.

Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2013, No. 420, §5, eff. June 21, 2013.
La. Rev. Stat. § 40:1682 — LA Code / Code revised-statutes / Title 40 / Section 1682
Communication system for mechanical elevating machines or hoisting apparatus used in construction work
Status: in_force

If elevating machines or hoisting apparatus, operated or controlled by other than hand power, are used in the construction, alteration, or removal of any structure, the owner, contractor, or sub-contractor shall, during the use and operation of the elevating machine or hoisting apparatus, provide and maintain an adequate system of communication by signals, so that prompt and perfect communication may be had at all times between the operator of the engine or motive power of the elevating machine or hoisting apparatus and the employees or persons engaged thereon or using or operating it. The officers of the city charged with the enforcement of the building laws shall enforce this Section. If such officers fail to do so, the police authorities shall, pursuant to the terms of this Part, enforce the provisions of this Section.
La. Rev. Stat. § 40:1165.2 — LA Code / Code revised-statutes / Title 40 / Section 1165.2
Health Care Information Technology and Infrastructure Advisory Collaborative; membership; powers and duties; annual report
Status: in_force

A.(1) The legislature recognizes the need to pursue electronic health care information technology for the residents of Louisiana in a coordinated, systematic, thoughtful, and focused manner. The legislature further recognizes that health care information technology plays a significant role in transforming the health care system and in supporting communities. Electronic health care records are rapidly evolving and becoming more standardized in order to better meet the needs of physicians, clinicians, and patients. The legislature desires to obtain information for the development and adoption of uniform standards for interoperable electronic health care records to better protect the privacy and confidentiality of personal health care information of Louisiana residents while advancing the use of electronic health care information technology.

(2) Pursuant to Senate Concurrent Resolution 35 of the 2007 Regular Session, the Louisiana Department of Health facilitated the establishment of the Louisiana Health Care Quality Forum as a nonprofit corporation, which was incorporated on July 6, 2007, and whose purpose is to plan, promote and conduct quality improvement initiatives within the state. The Louisiana Health Care Quality Forum has identified the promotion of health information technology as a major focus in its strategic work plan.

(3) In Act 203 of the 2007 Regular Session, the legislature provided a line item appropriation within the Louisiana Department of Health budget for the establishment of a network among Louisiana State University Health Sciences Center at Shreveport and the Rural Hospital Coalition, now known as the Louisiana Rural Health Information Exchange, hereinafter referred to in this Section as "LARHIX".

B. The legislature hereby establishes the Health Care Information Technology and Infrastructure Collaborative to be composed of LARHIX, the Health Information Technology Committee of the Louisiana Health Care Quality Forum and any other current or future regional health information exchange, hereinafter referred to in this Section as "collaborative." The collaborative shall advise the secretary of the Louisiana Department of Health on strategies for the advancement of the use of electronic health information technology through the identification of state laws and regulations that impede such advancement, including but not limited to those laws and regulations that concern the form of consent to medical treatment and authorization for other health care transactions, and matters related to facilitation of telehealth consultations.

C. The collaborative shall provide the secretary of the Louisiana Department of Health with its annual report on such matters no later than January thirtieth of each year. The collaborative shall submit its annual report to the House and Senate committees on health and welfare for approval by January thirtieth of each year.

Acts 2008, No. 763, §1, eff. July 6, 2008; Redesignated from R.S. 40:1299.96.1 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
La. Rev. Stat. § 40:1596.3 — LA Code / Code revised-statutes / Title 40 / Section 1596.3
Definitions
Status: in_force

As used in this Subpart, the following terms have the meanings specified unless the context clearly indicates otherwise:

(1) "Blueprints" means any set of drawings, plans, and specifications submitted to the fire marshal for approval in accordance with R.S. 40:1574.

(2) "Inspection reports" means all reports of inspections and other documents attached or pertaining thereto made, developed, and collected by the office of state fire protection pursuant to the inspections required by R.S. 40:1575.

(3) "Investigation reports" means all documents made, developed and collected by the office of state fire protection pursuant to R.S. 40:1566 through R.S. 40:1575.

(4) "Records of proceedings" means all records of any proceedings held pursuant to R.S. 40:1578.1 through R.S. 40:1578.6 and R.S. 40:1666 through R.S. 40:1666.8.

(5) "Records" means all of the documents defined in Paragraphs (1), (2), (3) and (4) above, and all other documents made, developed or collected by the office of state fire protection.

(6) "Time limitation" means the period of time during which the records or documents in question shall be retained by the office of state fire protection of the Department of Public Safety, and upon the expiration of which such records may be destroyed.

(7) "Types of occupancies" shall be as defined in the Life Safety Code in Pamphlet No. 101 published by the National Fire Protection Association, 1973 edition.

Added by Acts 1979, No. 495, §1, eff. July 13, 1979; Acts 2014, No. 158, §§3 and 7.
La. Rev. Stat. § 40:442 — LA Code / Code revised-statutes / Title 40 / Section 442
Community facilities
Status: in_force

A local housing authority may:

(1) Develop, acquire, own, or lease community facilities.

(2) Provide such facilities to any public agency or to any person, agency, institution, or organization, public or private, for recreational, educational, health, or welfare purposes for the benefit and use of the local housing authority or for occupants of its dwelling accommodations, or persons of eligible income, persons who are elderly, or persons with disabilities, or for any combination of the foregoing, and which facilities may also serve the general public, and provision of such community facilities may be with or without charge therefor as in the local housing authority's discretion shall be deemed advisable to promote the public purposes of this Chapter.

(3) Operate or manage community facilities, itself, or as agent for any public agency, or any person, institution, or organization, public or private, and receive compensation therefor, if any, as the parties may agree.

Amended by Acts 1960, No. 278, §3; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 1188, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:599.11 — LA Code / Code revised-statutes / Title 40 / Section 599.11
Immunity
Status: in_force

An authority may have the same immunities as the local government that creates the authority.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:4.1 — LA Code / Code revised-statutes / Title 40 / Section 4.1
Cochon de lait; preparation in traditional manner
Status: in_force

Notwithstanding any provisions of the state sanitary code or of any other law or regulation to the contrary, it shall be lawful to prepare cochon de lait in the traditional manner for public consumption. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Added by Acts 1977, No. 290, §1.
La. Rev. Stat. § 40:1730.63 — LA Code / Code revised-statutes / Title 40 / Section 1730.63
Decals or insignia
Status: in_force

A. The state fire marshal shall provide by rule for the placement of decals or insignia on each transportable modular section or modular component to indicate compliance with the building code.

B. The state fire marshal may exempt by rule a construction site building from the requirements of this Section.

C. The state fire marshal may exempt by rule an industrialized building that is installed in a manner other than on a permanent foundation and is either not open to the public or less than one thousand five hundred square feet in total area and used other than as a school or a place of religious worship.

Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.
La. Rev. Stat. § 40:1376 — LA Code / Code revised-statutes / Title 40 / Section 1376
Uniforms, equipment, and badges
Status: in_force

A. The department shall provide the employees of the division, within the amount of appropriations therefor, with the uniforms and equipment necessary to the performance of their respective duties, but all such uniforms and equipment shall remain the property of the state.

B. The uniform to be used and worn by the police employees of the division shall be distinctive in color, design, material, markings, and insignia so as to be readily and easily identifiable from a reasonable distance as the uniform worn by the police employees of the division of state police of this state.

C.(1) No department, division, or agency of the state or of any municipality, parish, or other political subdivision of the state charged with law enforcement or the apprehension of violators of any state, municipal, or parochial laws or ordinances shall provide, furnish to, or permit their employees to wear a uniform of the same color, design, or markings as that worn by state policemen or which is so similar in appearance as to confuse, tend to confuse, or not be clearly distinguishable from the uniforms used and worn by the police employees of the office of state police.

(2) It shall be unlawful for any person to utilize or wear a uniform of the same color, design, or markings as that worn by state policemen or to utilize or wear a uniform which is so similar in appearance as to confuse, tend to confuse, or not be clearly distinguishable from the uniform used and worn by the police employees of the office of state police. This Paragraph does not apply to a person who first obtains the express, written consent of the deputy secretary for public safety services.

D. The department may sell equipment which becomes unfit for use. All money received therefor shall be paid into the state treasury and credited to the general fund.

E. The department shall keep an inventory and shall charge against each employee of the division the value of all property of the department issued to him and if it determines that any loss or destruction of such property was due to the carelessness or neglect of the employee, it shall cause the value of the property to be deducted from the pay of the employee.

F. No department, office, or agency of the state or of any municipality, parish, or other political subdivision of the state charged with law enforcement or the apprehension of violators of any state laws or any municipal or parochial ordinances shall provide, furnish, sell, or permit its employees to wear a badge of the same design or markings as that worn by a law enforcement officer employed by the Department of Public Safety and Corrections, an employee of the Department of Justice, an enforcement officer of the Department of Wildlife and Fisheries, an employee of the Department of Agriculture and Forestry who is commissioned by the office of state police, an employee of the Department of Environmental Quality who is commissioned by the office of state police, or the sergeant at arms or assistant sergeants at arms of the Senate or House of Representatives who are commissioned by the office of state police, or which is so similar in appearance as to confuse, tend to confuse, or not be clearly distinguishable from the badge used and worn by such officer or employee.

Amended by Acts 1964, No. 476, §1; Acts 1992, No. 892, §1, eff. July 8, 1992; Acts 1997, No. 1080, §1; Acts 2004, No. 73, §1.
La. Rev. Stat. § 40:2886 — LA Code / Code revised-statutes / Title 40 / Section 2886
Federal preemption
Status: in_force

A. Nothing in this Chapter is to be construed or applied to be less restrictive than federal law for a person or entity regulated by this Chapter.

B. Nothing in this Chapter is to be construed or applied to be in conflict with any of the following:

(1) Applicable federal law and related regulations.

(2) Other laws of this state if the state law is compatible with applicable federal law.

C. Limited distribution of a drug required under 21 U.S.C. 355-1 is not to be construed as a violation of this Chapter.

Acts 2023, No. 358, §1.
La. Rev. Stat. § 40:1271.3 — LA Code / Code revised-statutes / Title 40 / Section 1271.3
Infectious disease incidence among school-age children; public health emergencies; reporting of data
Status: in_force

During the pendency of any state of public health emergency declared in accordance with R.S. 29:766 and relating to one or more infectious diseases, the Louisiana Department of Health, office of public health shall publish, on a publicly accessible website, a report updated not less than weekly, which provides the total number of children between the ages of five and seventeen years in this state known to have been infected with each disease addressed by the public health emergency declaration.

Acts 2020, 2 nd Ex. Sess., No. 20, §1, eff. Oct. 28, 2020.
La. Rev. Stat. § 40:1171.5 — LA Code / Code revised-statutes / Title 40 / Section 1171.5
Court authorization for disclosure of confidential HIV test results
Status: in_force

A. Notwithstanding any other provision of law, no court shall issue an order for the disclosure of confidential HIV test results except a court of record of competent jurisdiction in accordance with the provisions of this Subpart.

B. A court may grant an order for disclosure of confidential HIV test results upon an application showing:

(1) A compelling need for disclosure of the information for the adjudication of a criminal or civil proceeding.

(2) A clear and imminent danger to an individual whose life or health may unknowingly be at significant risk as a result of contact with the individual to whom the information pertains.

(3) Upon application of a state, parish, or local health officer, a clear and imminent danger to the public health.

(4) That the applicant is lawfully entitled to the disclosure and the disclosure is consistent with the provisions of this Subpart.

C. Upon receiving an application for an order authorizing disclosure pursuant to this Section, the court shall enter an order directing that all pleadings, papers, affidavits, judgments, orders of the court, briefs, and memoranda of law which are part of the application or the decision thereon, be sealed and not made available to any person, except to the extent necessary to conduct any proceedings in connection with the determination of whether to grant or deny the application, including any appeal. Such an order shall further direct that all subsequent proceedings in connection with the application, shall be conducted in camera, and, where appropriate to prevent the unauthorized disclosure of confidential HIV test results, that any pleadings, papers, affidavits, judgments, orders of the court, briefs, and memoranda of law which are part of the application or the decision thereon omit the name of the individual concerning whom confidential HIV test results are sought.

D.(1) The individual concerning whom confidential HIV test results are sought and any person holding records concerning confidential HIV test results from whom disclosure is sought shall be given adequate notice of such application in a manner that shall not disclose to any other person the identity of the individual, and shall be afforded an opportunity to file a written response to the application, or to appear in person for the limited purpose of providing evidence on the statutory criteria for the issuance of an order pursuant to this Section.

(2) The court may grant an order without such notice and opportunity to be heard, if an ex parte application by a public health officer shows a clear and imminent danger to an individual whose life or health may unknowingly be at risk.

(3) The service of a subpoena shall not be subject to this Subsection.

E. In assessing the compelling need and clear and imminent danger, the court shall provide written findings of fact, including scientific or medical findings, citing specific evidence in the record that supports each finding, and shall weigh the need for disclosure against the privacy interest of the protected individual and against the public interest that may not be served by disclosure which deters future testing or treatment or which may lead to discrimination.

F. An order authorizing disclosure of confidential HIV test results shall:

(1) Limit disclosure to that information necessary to fulfill the purpose for which the order is granted.

(2) Limit disclosure to those persons whose need for the information is the basis for the order, and specifically prohibit additional disclosure by such persons to any other persons, regardless of whether they are parties to the action.

(3) To the extent possible consistent with this Section, conform to the provisions of this Subpart.

(4) Include such other measures as the court deems necessary to limit any disclosures not authorized by its order.

Acts 1991, No. 1054, §1; Redesignated from R.S. 40:1300.15 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2605 — LA Code / Code revised-statutes / Title 40 / Section 2605
Exemptions
Status: in_force

A property interest is exempt from forfeiture under this Chapter if its owner or holder establishes all of the following:

(1) That he is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur.

(2) That he had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in bona fide commercial transaction.

(3) That with respect to conveyances for transportation only, he did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture.

(4) That he does not hold the property for the benefit of or as an agent for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired his interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value not knowingly taking part in an illegal transaction.

(5) That no person whose conduct gave rise to its forfeiture had the authority to convey the interest to a bona fide purchaser for value at the time of the conduct.

(6) That the owner or interest holder acquired the interest after the completion of the conduct giving rise to its forfeiture and that the owner or interest holder acquired the interest under all of the following conditions:

(a) As a bona fide purchaser for value who was not knowingly taking part in an illegal transaction.

(b) Before the filing of a forfeiture lien on it and before the effective date of a Notice of Pending Forfeiture relating to it, and without notice of its seizure for forfeiture under this Chapter.

(c) At the time the interest was acquired, there was no reasonable cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this Chapter.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:753 — LA Code / Code revised-statutes / Title 40 / Section 753
Conformity to rulings of federal security agency
Status: in_force

The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to any changes in the ruling of the Federal Security Agency concerning the addition of vitamins to oleomargarine.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:93 — LA Code / Code revised-statutes / Title 40 / Section 93
Gestational carrier data collection; purpose
Status: in_force

The purpose of this Part shall be the compilation of relevant maternal life and health factors and data concerning gestational carriers to the extent that it is authorized by law.

Acts 2016, No. 494, §4.
La. Rev. Stat. § 40:600.88 — LA Code / Code revised-statutes / Title 40 / Section 600.88
Creation of the corporation
Status: in_force

There is hereby created a public body corporate and politic known as the Louisiana Housing Corporation. The Louisiana Housing Corporation, referred to in this Chapter as the "corporation", shall be an instrumentality of the state.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:600.63 — LA Code / Code revised-statutes / Title 40 / Section 600.63
Functions of Road Home Corporation
Status: in_force

There is hereby authorized the formation and incorporation of a nonprofit corporation, the purpose of which shall be, exclusively for the health and welfare of the public, the acquisition, disposition, purchase, renovation, improvement, leasing, or expansion of housing stock, including but not limited to housing stock as described in action plans for The Road Home Program, for the purposes set forth therein, as such action plans hereafter may be amended, supplemented, or otherwise modified. R.S. 41:131 through 140 and 1338 shall not apply to the corporation or to any property conveyed by the corporation. To the extent that the provisions of this Chapter are inconsistent with the provisions of R.S. 12:202.1 or any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed to be controlling.

Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.
La. Rev. Stat. § 40:34.3 — LA Code / Code revised-statutes / Title 40 / Section 34.3
Original birth certificate; required contents; sex of child
Status: in_force

The sex of the child shall be entered on the original birth certificate.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1375 — LA Code / Code revised-statutes / Title 40 / Section 1375
Training school; fees
Status: in_force

A. The department shall organize and maintain training facilities.

B. The training facilities shall be known as the "Donald J. Thibodeaux Training Complex". Such facilities shall consist of the Training Academy at State Police Headquarters; Emergency Response Training Center near Holden, Louisiana; and Joint Emergency Services Training Center near Zachary, Louisiana.

C. No police employee of the department shall be assigned to active duty until he or she has successfully passed the course for probationers which is prescribed by the department and which is taught at the training facilities.

D. Training courses for the higher ranks, grades, and positions of the office shall be prescribed and conducted by the department for those police employees of the department who have been promoted to a higher rank, grade, or position.

E. The department shall make the training facilities available to any local government unit within this state by conducting schools at convenient centers for the training of police officers.

F.(1) Pursuant to the Administrative Procedure Act, the department may promulgate rules and regulations to charge reasonable fees for participation in its training school and courses and for the use of its training facilities.

(2) The fees received by the department shall be deposited immediately upon receipt into the state treasury.

Acts 1985, No. 940, §1, eff. July 23, 1985; Acts 1992, No. 984, §18; Acts 1997, No. 236, §1; Acts 1999, No. 1297, §1; Acts 2006, No. 101, §1.
La. Rev. Stat. § 40:1281.23 — LA Code / Code revised-statutes / Title 40 / Section 1281.23
Sewage treatment systems; effluent limiters or reducers; disinfectants
Status: in_force

A. All new and reconditioned sewage treatment systems with a capacity up to and including one thousand five hundred gallons per day that produce an effluent and, by design, do not significantly limit or reduce the amount of offsite effluent, shall include an effluent limiter or reducer approved by the Louisiana Department of Health.

B. All new and reconditioned sewage treatment systems with a capacity up to and including one thousand five hundred gallons per day that produce an effluent shall have a means of or device for disinfecting such effluent, approved by the Louisiana Department of Health. Such disinfection systems shall be exempt from any requirements for minimum contact chamber volumes unless the addition of formal disinfection is specifically required as part of a permit issued by the Louisiana Department of Health or the Department of Environmental Quality.

Acts 1995, No. 505, §1, eff. June 18, 1995; Acts 1999, No. 289, §3; Acts 2001, No. 821, §1; Redesignated from R.S. 40:1154 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2115.31 — LA Code / Code revised-statutes / Title 40 / Section 2115.31
Legislative intent
Status: in_force

A. The legislature finds and declares that in order to protect the health and welfare of the public it is imperative to regulate and control entities that hold themselves out to the public as providing emergency medical care.

B. The legislature further finds and declares that emergency medical services should be provided in a licensed hospital.

C. The legislature finds and declares that rural hospitals are an essential part of our state's healthcare delivery safety net and their sustainability warrants protections from competing offsite emergency departments with no inpatient hospital services encroaching into their primary service area.

Acts 2019, No. 438, §1.
La. Rev. Stat. § 40:1484.19 — LA Code / Code revised-statutes / Title 40 / Section 1484.19
Prohibited acts; operator
Status: in_force

No person or firm shall do any of the following:

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

(2) Aid and abet an unlicensed individual, employee, or firm in the testing, inspection, or operation of an inflatable amusement device, amusement attraction, or amusement ride without a valid license.

(3) Operate an inflatable amusement device, amusement attraction, or amusement ride contrary to manufacturer's specifications or codes or standards adopted in rules promulgated by the state fire marshal without specific written authorization from the office of state fire marshal.

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

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

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

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

(8) 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.

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

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

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

Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:2166.7 — LA Code / Code revised-statutes / Title 40 / Section 2166.7
Operation without license; penalty
Status: in_force

A. An adult residential care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars for each day of operation without a license up to a maximum of one thousand dollars or imprisonment of not more than six months, or both. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If an adult residential care provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the department.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any provider who receives a cease and desist order from the department under Subsection B of this Section and who does not cease operations immediately. Any such provider against whom an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
La. Rev. Stat. § 40:2100 — LA Code / Code revised-statutes / Title 40 / Section 2100
Short title
Status: in_force

This Part may be cited as the Hospital Licensing Law.

Added by Acts 1961, No. 90, §1. Acts 1997, No. 1371, §3, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:1381 — LA Code / Code revised-statutes / Title 40 / Section 1381
Concealed weapons; employees; highway patrol
Status: in_force

A. All employees, officers, or agents of the division of state police may carry arms and weapons, concealed or openly, while in the actual performance of any duty or while under assignment to any duty under this Subpart.

B. The police employees of the division shall be the highway patrol of the state and as such shall perform only real police duties as provided by R.S. 40:1379.

Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996.
La. Rev. Stat. § 40:981.3 — LA Code / Code revised-statutes / Title 40 / Section 981.3
Violation of Uniform Controlled Dangerous Substances Law; drug free zone
Status: in_force

A.(1) Any person who violates a provision of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law while on any property used for school purposes by any school, within two thousand feet of any such property, or while on a school bus, shall, upon conviction, be punished in accordance with Subsection D of this Section.

(2) Any person who violates a provision of R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A) while on property used as a drug treatment facility or within two thousand feet of any such property, when included within an area marked as a drug free zone pursuant to R.S. 40:1058.10, shall, upon conviction, be punished in accordance with Subsection D of this Section.

(3)(a) Any person who violates a provision of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law while on any religious building property, public housing authority property, child day care center property, or within two thousand feet of any such property, if the area is posted as a drug free zone, shall, upon conviction, be punished in accordance with Subsection D of this Section.

(b) In order for the provisions of this Section to apply to religious buildings, public housing authority property, or child day care center property, the building must be posted as a drug free zone as provided herein. The design and posting of the signs shall be at the discretion of the entity that owns or has authority over the religious building, public housing authority property, or child day care center property. In order to post the area as a drug free zone, the signs shall be located in a visible manner on or near each religious building, public housing authority property, or child day care center property indicating that such area is a drug free zone, that such zone extends for a distance of two thousand feet, and that a violation of the Uniform Controlled Dangerous Substances Law will subject the offender to severe penalties under law.

B. Lack of knowledge that the prohibited act occurred on or within two thousand feet of school or drug treatment facility property shall not be a defense.

C. For purposes of this Section:

(1) "School" means any public or private elementary, secondary, vocational-technical school, or any public or private college or university in Louisiana.

(2) "School property" means all property used for school purposes, including but not limited to school playgrounds, as well as any building or area owned by the state or by a political subdivision and used or operated as a playground or recreational facility and all parks and recreational areas administered by the office of state parks.

(3) "Drug treatment facility" means all property used for diagnostic, treatment, and rehabilitative services to patients and their families with problems related to alcohol, drug, or substance abuse.

(4) "Religious building property" means property on which is located any church, synagogue, mosque, or other building, structure, or place used for religious worship or other religious purpose.

(5) "Public housing authority property" means all property owned or operated by a public housing authority or agency created by state law or by any ordinance enacted by a local governing authority.

(6) "Child day care center property" means property on which is located a facility licensed as a day care center under the provisions of the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401 et seq.) or licensed as a group child day care home under the provisions of the Child Care Registration Law (R.S. 46:1441 et seq.).

D.(1) Whoever violates a provision of this Section shall be punished by the imposition of the maximum fine and be imprisoned for not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970.

(2) A sentence imposed for a violation of the provisions of this Section shall not be subject to parole, probation, or suspension of sentence to the extent that the minimum sentence for a violation of a felony provision of R.S. 40:966 through 970 is not subject to parole, probation, or suspension of sentence.

E. Repealed by Acts 2014, No. 289, §2, eff. May 28, 2014.

Added by Acts 1989, No. 171, §2; Acts 1990, No. 293, §2, eff. July 5, 1990; Acts 1990, No. 1027, §2, eff. July 26, 1990; Acts 1994, 3rd Ex. Sess., No. 46, §1; Acts 1997, No. 355, §1, eff. June 20, 1997; Acts 1999, No. 253, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2004, No. 820, §1; Acts 2006, No. 142, §1; Acts 2006, No. 168, §1; Acts 2010, No. 506, §2; Acts 2014, No. 265, §1; Acts 2014, No. 289, §§1, 2, eff. May 28, 2014.
La. Rev. Stat. § 40:34.6 — LA Code / Code revised-statutes / Title 40 / Section 34.6
Original birth certificate; required contents; name of mother
Status: in_force

The full name of the mother of the child, including her maiden name and current surname, shall be entered on the original birth certificate; however, if the child was born of a surrogate birth parent as a result of an enforceable gestational carrier contract, as provided in R.S. 9:2720, the maiden name of the biological mother shall be listed as the mother.

Acts 2016, No. 434, §3; Acts 2016, No. 494, §2.
La. Rev. Stat. § 40:1563.5 — LA Code / Code revised-statutes / Title 40 / Section 1563.5
Inspection fees
Status: in_force

The state fire marshal may charge inspection fees pursuant to R.S. 23:537 and 541, R.S. 27:44.2, and R.S. 51:911.22, 911.28, and 911.32.

Acts 1993, No. 687, §2; Acts 2023, No. 126, §2.
La. Rev. Stat. § 40:2199.19 — LA Code / Code revised-statutes / Title 40 / Section 2199.19
Rulemaking
Status: in_force

The department and each licensing board shall promulgate in accordance with the Administrative Procedure Act all such rules as are necessary to implement the provisions of this Subpart.

Acts 2022, No. 461, §§1, 2B.
La. Rev. Stat. § 40:1472.7 — LA Code / Code revised-statutes / Title 40 / Section 1472.7
Reports of losses or thefts; illegal use or illegal possession
Status: in_force

A. Any sheriff, police department, or peace officer of this state shall give immediate notice to the deputy secretary of any losses, thefts, illegal uses, or illegal possession of explosives within the purview of this Part, coming to his attention, and shall forward a copy of his final written report to the deputy secretary. Any manufacturer, dealer-distributor, user, blaster, handler, or historical and cultural reenactor who knows that explosives in his possession have been lost, stolen, or otherwise misappropriated shall immediately notify the nearest sheriff's office or police department and the deputy secretary of such fact. In addition, each manufacturer, dealer-distributor, and user shall physically inspect all magazines at least one time every seven days to ensure security of the explosives.

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

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.
La. Rev. Stat. § 40:1496.1 — LA Code / Code revised-statutes / Title 40 / Section 1496.1
Calcasieu Parish Ward Four Fire Protection District No. 2
Status: in_force

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Ward Four Fire Protection District Number Two is hereby created. The board of commissioners shall perform all duties, functions and powers provided in this Part as well as responsibility for the operation and maintenance of the district, and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu, and each member shall be a resident and elector of the parish of Calcasieu and shall serve on such board at the pleasure of the governing authority of the parish of Calcasieu.

Added by Acts 1977, No. 112, §1.
La. Rev. Stat. § 40:996.7 — LA Code / Code revised-statutes / Title 40 / Section 996.7
Pesticide law not affected
Status: in_force

The provisions of R.S. 40:996.1 et seq. shall not be construed to apply to any substance regulated by the provisions of the Louisiana Pesticide Law.

Acts 2012, No. 347, §1.
La. Rev. Stat. § 40:1009 — LA Code / Code revised-statutes / Title 40 / Section 1009
Unlawful acts and penalties
Status: in_force

A. A dispenser who fails to submit prescription monitoring information to the board as required by this Part, or who fails to correct or amend data after notification by the board, shall be referred to the appropriate professional licensing, certification, or regulatory agency for administrative sanctions as deemed appropriate by that agency.

B. A person or entity authorized to possess prescription monitoring information pursuant to this Part who knowingly accesses or discloses such information in violation of this Part shall be referred to the appropriate professional licensing, certification, or regulatory agency for administrative sanctions as deemed appropriate by that agency and may, upon criminal conviction, 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.

C. A person or entity authorized to possess prescription monitoring information pursuant to this Part who uses such information in a manner or for a purpose in violation of this Part shall be referred to the appropriate professional licensing, certification, or regulatory agency for administrative sanctions as deemed appropriate by that agency and may, upon criminal conviction, 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.

Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2017, No. 241, §1, eff. June 14, 2017.
La. Rev. Stat. § 40:1159.5 — LA Code / Code revised-statutes / Title 40 / Section 1159.5
Emergencies
Status: in_force

A. In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a duly licensed physician will be implied where an emergency exists. For the purposes hereof, an emergency is defined as a situation wherein: (1) in competent medical judgment, the proposed surgical or medical treatment or procedures are reasonably necessary; and (2) a person authorized to consent under R.S. 40:1159.4 is not readily available, and any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected, or could reasonably result in disfigurement or impair faculties.

B. For purposes of this Section, an emergency is also defined as a situation wherein: (1) a person transported to a hospital from a licensed health care facility is not in a condition to give consent; (2) a person authorized to give consent under R.S. 40:1159.4 is not readily available; and (3) any delay would be injurious to the health and well being of such person.

Added by Acts 1975, No. 798, §1. Amended by Acts 1982, No. 449, §1; Redesignated from R.S. 40:1299.54 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:621 — LA Code / Code revised-statutes / Title 40 / Section 621
Adulterated cosmetics
Status: in_force

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

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health under such conditions of use as are customary or usual.

(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance.

(3) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(4) If its container is composed of any poisonous or deleterious substance which may render it injurious to health.

(5) If it contains a coal-tar color other than one from a batch that has been certified in accordance with regulations of the department.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:662 — LA Code / Code revised-statutes / Title 40 / Section 662
Seed oil; notice to patrons of food service establishments required
Status: in_force

A. Any food service establishment, as defined in R.S. 40:5.5, that cooks or prepares food using seed oil shall display a disclaimer on the menu or other clearly visible location that informs customers of the potential presence of seed oil in food served at the establishment. The disclaimer shall state: "Some menu items may contain or be prepared using seed oils.".

B. For purposes of this Section, "seed oil" shall mean any of the following:

(1) Canola or rapeseed oil.

(2) Corn oil.

(3) Cottonseed oil.

(4) Grapeseed oil.

(5) Rice bran oil.

(6) Safflower oil.

(7) Soybean oil.

(8) Sunflower oil.

C. Any violation of this Section shall be a violation of the state Sanitary Code.

Acts 2025, No. 463, §3, eff. Jan. 1, 2028.
La. Rev. Stat. § 40:968 — LA Code / Code revised-statutes / Title 40 / Section 968
Prohibited acts--Schedule III; penalties
Status: in_force

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

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

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

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

C. Possession. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule III unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, or as provided in R.S. 40:978 or 1060.21, while acting in the course of his professional practice or except as otherwise authorized by this Part. Any person who violates this Subsection shall be imprisoned, with or without hard labor, for not less than one year nor more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.

Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §5; Acts 1991, No. 513, §2; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1121.22 — LA Code / Code revised-statutes / Title 40 / Section 1121.22
Nature of standard test
Status: in_force

For the purpose of this Subpart, a standard test for syphilis is a test approved by the American Board of Pathology and shall be made at a laboratory operated by a duly licensed physician and pathologist as recognized by the American Board of Pathology or in a laboratory in a hospital approved by the American College of Surgeons as unconditionally meeting its minimum standards. A standard diagnostic HIV test is a test approved by the Food and Drug Administration and may include tests performed by a duly licensed physician or by other approved staff.

Acts 2007, No. 153, §1; Redesignated from R.S. 40:1092 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.28.3 — LA Code / Code revised-statutes / Title 40 / Section 1730.28.3
Authority of the Louisiana Department of Health
Status: in_force

Nothing in this Part or any provision adopted pursuant to this Part shall prohibit the Louisiana Department of Health from the following:

(1) Regulating stored water temperatures through enforcement of the Sanitary Code.

(2) Regulating medical gas and medical vacuum systems.

Acts 2014, No. 836, §1, eff. June 23, 2014.
La. Rev. Stat. § 40:2120.63 — LA Code / Code revised-statutes / Title 40 / Section 2120.63
Definitions
Status: in_force

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

(1) "Department" means the Louisiana Department of Health or any agency or office designated by the secretary to administer the provisions of this Part.

(2) "License" means a license issued by the department to a PACE provider.

(3) "PACE enrollee" means a recipient or participant that has been approved by Medicare or the Louisiana Medicaid Program or is otherwise qualified to enroll as a PACE participant for PACE services provided by an approved and licensed PACE provider.

(4) "PACE services" means those healthcare and related services approved by the Centers for Medicare and Medicaid Services for Medicare and Louisiana Medicaid programs as PACE services, including but not limited to primary care, social work services, restorative therapies, personal care and support services, nutrition counseling, recreational therapy, transportation, meals, medical specialists services, laboratory tests, x-rays, durable medical equipment, and other services determined necessary by an interdisciplinary team to improve and maintain the participant's overall health status.

(5) "Program for All-Inclusive Care of the Elderly (PACE) provider" means a facility, place, center, agency, person, institution, corporation, partnership, unincorporated association, group, organization, or other legal entity that meets the requirements of 42 CFR 460 et seq. and is approved and enrolled or intends to be approved and enrolled as a PACE organization by the Centers for Medicare and Medicaid Services for the Medicare and Louisiana Medicaid programs to provide services to Medicare and Medicaid recipients, or other qualified individuals, who choose PACE services.

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

(7) "Standards" means policies, procedures, rules, and other guidelines or standards of current practice contained in this Part, in addition to those rules and standards promulgated by the department for the licensing and operation of PACE providers.

Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:2180.28 — LA Code / Code revised-statutes / Title 40 / Section 2180.28
Right of inspection; records; reports
Status: in_force

A. Each free-standing birth center that has applied for a license or that is licensed pursuant to this Part shall be open at reasonable times for inspection by the department, the state fire marshal, and any other authorized governmental entity.

B. Every applicant or licensee shall keep all records and make all reports as the department shall prescribe, and all necessary records shall be available for inspection by the department or other authorized governmental entity.

Acts 2019, No. 332, §1, eff. June 11, 2019.
La. Rev. Stat. § 40:600.61 — LA Code / Code revised-statutes / Title 40 / Section 600.61
Short title
Status: in_force

This Chapter shall be known and may be cited as the "Louisiana Road Home Housing Corporation Act".

Acts 2006, No. 654, §1, eff. June 29, 2006.
La. Rev. Stat. § 40:1291.23 — LA Code / Code revised-statutes / Title 40 / Section 1291.23
Development of smoke-free policies
Status: in_force

A.(1) Public postsecondary education institutions shall develop smoke-free policies for its campuses.

(2) For the purposes of this Section, "smoke-free" means the prohibition of smoking as defined in R.S. 40:1291.3(14).

B.(1) Nothing in this Section shall prohibit a public postsecondary education institution from developing a tobacco-free policy for its campus.

(2) For the purposes of this Section, "tobacco-free" means the prohibition on the use of tobacco derived or containing products, including but not limited to cigarettes, cigars, cigarillos, pipes, hookah-smoked products, and oral tobacco products.

C. The provisions of this Section shall not supersede the provisions of R.S. 40:1291.11(A).

Acts 2013, No. 211, §1; Redesignated from R.S. 40:1300.263 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.

NOTE: See Acts 2013, No. 211, §2, relative to effectiveness.
La. Rev. Stat. § 40:2166.2 — LA Code / Code revised-statutes / Title 40 / Section 2166.2
Purpose
Status: in_force

The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the health, safety, and welfare of adults receiving residential care and to provide for the safe operation of facilities providing such care. It is the intent of the legislature to support the rights of individuals to live in a residential setting which ensures freedom of choice, independence, and an opportunity to continue to live as integral members of the community, aging with dignity, privacy, and respect.

Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
La. Rev. Stat. § 40:2252 — LA Code / Code revised-statutes / Title 40 / Section 2252
Participation in state health care delivery system required
Status: in_force

A. Any health care delivery system established by the state, pursuant to a federal Medicaid waiver, to provide health care to any person otherwise eligible for Medicaid and to any indigent, uninsured, or underinsured person shall recognize and include essential community providers as available and required in the health care delivery systems and networks.

B. Any basic benefits plan that may be established under a health maintenance organization, health insurance organization, or managed care organization that contracts with the state to provide or coordinate to provide health care services to any person otherwise eligible for Medicaid and any indigent, uninsured, or underinsured person shall include essential community providers as available and required as active medical and health professionals.

C. The Louisiana Department of Health shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, which shall include, but not be limited to, the establishment of minimum levels of participation of essential community providers in such plans. Any plan provider that fails to maintain the minimum level of participation as determined by the department shall be subject to penalties, including revocation of any authority to participate in the state program or a prohibition on enrolling new members as determined by the department.

Acts 1995, No. 1282, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:12 — LA Code / Code revised-statutes / Title 40 / Section 12
Parish health units
Status: in_force

Each parish of the state shall provide a health unit or department. These units or departments shall be known as parish health units.

Acts 1976, No. 346, §1.
La. Rev. Stat. § 40:1073.1 — LA Code / Code revised-statutes / Title 40 / Section 1073.1
Definitions
Status: in_force

In this Part, unless the context otherwise requires, the following definitions are applicable:

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

(2) "Early intervention services" means services that are designed to meet the developmental needs of an infant or toddler with a disability, in any one or more of the following areas:

(a) Physical development.

(b) Cognitive development.

(c) Communication development.

(d) Social or emotional development.

(e) Adaptive development.

(3) "Early intervention services provider" means any provider of early intervention services to infants and toddlers with disabilities and their families. "Early intervention services provider" includes but is not limited to the following:

(a) Special educators.

(b) Speech-language pathologists and audiologists.

(c) Occupational therapists.

(d) Physical therapists.

(e) Psychologists.

(f) Social workers.

(g) Nurses.

(h) Registered dieticians.

(i) Family therapists.

(j) Vision specialists, including ophthalmologists and optometrists.

(k) Orientation and mobility specialists.

(l) Pediatricians and other physicians.

Acts 2014, No. 72, §1; Redesignated from R.S. 40:1300.381 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:633 — LA Code / Code revised-statutes / Title 40 / Section 633
Seizure; procedure; prohibition on sale or disposal of article
Status: in_force

A. Whenever a duly authorized officer or employee of the department finds or has probable cause to believe that cause for the seizure of any food, drug, device, or cosmetic, as set out in R.S. 40:632 exists, he shall affix to the article a tag, stamp, or other appropriate marking, giving notice that the article is, or is suspected of being subject to seizure under the provisions of R.S. 40:632 and that it has been detained and seized by the department. He shall also warn all persons not to remove or dispose of the article by sale or otherwise, until permission of the department or of the court of the jurisdiction in which the article is detained or seized is given.

B. It is unlawful for any person to remove or dispose of the detained or seized article by sale or otherwise without permission of the department or of the court in such cases.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:458 — LA Code / Code revised-statutes / Title 40 / Section 458
Facilities and programs to assist homeless persons
Status: in_force

A local housing authority may:

(1) Develop, acquire, own, renovate, lease, and operate facilities specifically intended to house and otherwise assist homeless persons, including without limitation shelters and transitional housing.

(2) Provide other assistance and services to homeless persons. Such housing and other assistance may be provided in such manner, upon such conditions, and for such duration as the local housing authority shall deem appropriate.

Acts 1997, No. 1188, §1.