La. Rev. Stat. § 40:1105.9 — LA Code / Code revised-statutes / Title 40 / Section 1105.9
Louisiana Cancer Advisory Board
Status: in_force

A.(1) There is hereby created the Louisiana Cancer Advisory Board, which shall consist of the following members appointed and reappointed by the governor, to serve at his pleasure, upon recommendation of each institution and organization represented:

(a) A representative from the Tulane University School of Medicine.

(b) A representative from the Louisiana State University Health Sciences Center - New Orleans.

(c) A representative from the Louisiana State University Health Sciences Center - Shreveport.

(d) A representative from Ochsner Health.

(e) A representative of the Louisiana Department of Health.

(f) A representative of the Louisiana Cancer Prevention and Control Programs.

(g) A representative of the Louisiana Children's Medical Center.

(h) A representative of the Mary Bird Perkins Cancer Center.

(i) A representative of Xavier University of Louisiana.

(j) A representative of the Louisiana State Medical Society.

(k) A representative of the Acadiana Medical Research Foundation.

(l) A representative of the Louisiana Cancer Registrars Association.

(m) A representative of Willis Knighton Health System.

(n) A representative of the Franciscan Missionaries of Our Lady Health System.

(o) A representative from Woman's Hospital.

(2) Each appointment by the governor shall be subject to Senate confirmation.

B. Sufficient funds shall be allocated annually to the statewide registry program for reporting cancer cases under the provisions of R.S. 40:1105.1 et seq. Administration of funds shall be exercised by the office of the president.

C.(1) The board shall establish rules and regulations for its own procedures, establish policies for the operation of the statewide registry program for reporting cancer cases established under the provisions of R.S. 40:1105.1 et seq., and establish procedures for the allocation of any monies collected pursuant to R.S. 47:120.63 for the purposes of cancer prevention, control, or surveillance in Louisiana. Any member of the board with a direct conflict of interest shall recuse himself from voting on the allocation of monies.

(2) The board shall elect from among its members a chairman, a vice chairman, a secretary, and a treasurer. Any member may hold two of these positions. In the absence of the chairman, the vice chairman shall preside and in the absence of the chairman and vice chairman, the secretary shall preside.

(3) The members shall not receive compensation for their services but shall be entitled to reimbursement for expenses, including travel expenses, incurred in the discharge of their duties.

(4) Six members shall constitute a quorum for the transaction of business; however, no board action shall be taken by a vote of less than a majority of the full board.

(5) The secretary shall keep complete and accurate records of all meetings and actions taken by the board.

(6) The treasurer shall keep full and accurate financial records, make periodic reports to the board, and submit a complete annual report, in written form, to the secretary.

(7) Meetings of the board shall be held at regular intervals as provided in the bylaws. Emergency meetings may be held upon twenty-four hours actual notice and business transacted, provided that not less than a majority of the full board concurs in the proposed action.

D. A current report on the programs funded shall be made to the House Committee on Ways and Means and to the Senate Committee on Revenue and Fiscal Affairs, meeting jointly, prior to each regular session of the legislature.

E. Any member of the board or of a review panel, whether or not such member is compensated by the institution or organization that the member represents, shall recuse himself from participating in any discussion or voting regarding any matter relating to awarding a grant or contracting with the institution or organization that the member is appointed to represent. No member of the board or of a review panel who complies with the recusal provisions contained in this Subsection shall be deemed to have violated the Code of Governmental Ethics. The appointment of a compensated employee as a representative of a designated institution or organization shall not constitute a prohibited relationship under the provisions of the Code of Governmental Ethics.

Added by Acts 1980, No. 825, §1, eff. Aug. 1, 1980. Amended by Acts 1982, No. 812, §1; Acts 1984, 1st Ex. Sess., No. 14, §1, eff. July 1, 1984; Acts 1985, No. 929, §1; Acts 1989, No. 355, §1; Acts 1992, No. 227, §1; Acts 1992, No. 984, §12; Acts 1993, No. 1004, §1; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.88 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:580.9 — LA Code / Code revised-statutes / Title 40 / Section 580.9
Powers conferred in Part supplemental
Status: in_force

A. Nothing in this Part abrogates or impairs the power of the courts or of any department of a municipality to enforce any provisions of its charter or its ordinances or regulations or to prevent or punish violations thereof.

B. The powers conferred by this Part are in addition and supplemental to the powers conferred by any other law.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:5.5.3 — LA Code / Code revised-statutes / Title 40 / Section 5.5.3
Seafood Safety Task Force; creation; purpose
Status: in_force

A. Within the Department of Agriculture and Forestry there is hereby created the Seafood Safety Task Force, hereafter referred to as "task force". The task force shall serve as the state panel of experts focused on ensuring the safety of seafood processed, distributed, purchased, and consumed in Louisiana and the education and awareness of consumers regarding the health risks associated with imported seafood, as well as making recommendations on the utilization of monies in the Imported Seafood Safety Fund to test imported seafood.

B. The task force shall be charged with making recommendations to the commissioner of agriculture and forestry on all of the following:

(1) The method in which the imported seafood is inspected in Louisiana.

(2) The frequency of inspections of imported seafood.

(3) The substances for which imported seafood are currently being tested, including but not limited to malachite green, oxytetracycline, fluoroquinolone, and nitrofurantoin.

(4) The results of sampling analysis of potentially harmful substances in imported seafood.

(5) The harmful effects of antibody resistence due to consumption of imported seafood.

(6) The most effective methods of education and awareness to alert the public on the importance of reading labels, menus, packaging, and signage before consuming seafood.

(7) The most effective methods of protecting our waters from contaminated foreign bait shrimp.

(8) The cost of permits and the amount of fines and penalties imposed by the agencies that regulate seafood in this state and whether the cost of the permits are sufficient to effectively enforce state-mandated seafood programs and whether the fines and penalties imposed are functioning as a successful deterrent or if they need to be increased.

(9) The many laws of the state regarding the seafood industry to ensure that they are updated and modernized to continue to protect consumers of seafood.

(10) Any other matter considered appropriate by the members of the task force or as requested by the legislature, governor, lieutenant governor, or state agency with responsibility for seafood safety.

C. The task force shall compile the results of these findings annually and shall develop seafood safety recommendations to be reported to the governor and the legislature no later than February first of each year.

D. The task force shall be composed of the following fourteen members:

(1) A member appointed by the chairman of the House Committee on Health and Welfare.

(2) A member appointed by the chairman of the Senate Committee on Health and Welfare.

(3) The commissioner of the Department of Agriculture and Forestry or his designee.

(4) The chancellor of the Louisiana State University Agricultural Center or his designee.

(5) A representative of the Louisiana Seafood Promotion and Marketing Board.

(6) The secretary of the Louisiana Department of Health or his designee.

(7) A representative of the Louisiana Shrimp Task Force.

(8) A representative of the Louisiana Farm Bureau Federation.

(9) The secretary of the Department of Wildlife and Fisheries or his designee.

(10) The secretary of the Department of Environmental Quality or his designee.

(11) A representative of the Louisiana Restaurant Association.

(12) A public health nutritionist.

(13) A representative of the Louisiana Crawfish Promotion and Research Board.

(14) A representative of the Louisiana Retailers Association.

E. The task force shall convene at least quarterly. At the first meeting of each calendar year, the members shall elect a chairman and other officers as they consider appropriate.

F. The task force shall meet at times and at places throughout the state as it may designate to ensure participation. Meetings shall be held at the call of the chairman or at the call of a quorum of members upon not less than seven days' notice. A majority of a quorum shall be present to transact any business. The members of the task force shall not be compensated for their services on the task force but may seek travel reimbursements from their respective agencies under their respective guidelines. Meetings of the task force shall be subject to laws regarding open meetings, and records of the task force shall be subject to laws regarding public records.

G.(1) The chair of the task force may appoint committees to fulfill the purposes of the task force. The chair of the task force shall appoint the chair of any committee and shall designate the functions and responsibilities of each committee appointed.

(2) Committees may include but not be limited to a committee to facilitate coordination with other coastal or seafood producing states in the United States, a committee on coordination with the Louisiana Congressional delegation and the bipartisan American Seafood Caucus, and a committee on promoting jobs and professional interest in commercial fisheries.

H. The Department of Agriculture and Forestry shall promulgate any rules necessary, in accordance with the Administrative Procedure Act, for implementation of the provisions of this Section.

Acts 2009, No. 330, §1, eff. Jan. 1, 2010; Acts 2024, No. 756, §2, eff. June 19, 2024; Acts 2025, No. 300, §1, eff. June 11, 2025.
La. Rev. Stat. § 40:2120.39 — LA Code / Code revised-statutes / Title 40 / Section 2120.39
Operating without license or in violation of departmental regulations; penalty
Status: in_force

A. Whoever operates any adult brain injury facility, as defined in this Part, without a valid license issued by the department, or in violation of departmental regulations, shall be fined by the department in accordance with a schedule of fines and enforcement procedures promulgated by rules of the department, not to exceed two hundred fifty dollars for each day of such offense.

B. In deciding whether and to what extent to impose fines, the department shall consider the following factors:

(1) Gravity of violation including the probability that death or serious physical harm to a client will result or has resulted.

(2) Size of the population at risk as a consequence of the violation.

(3) Severity and scope of the actual or potential harm.

(4) Extent to which the provisions of the applicable statutes or regulations were violated.

(5) Any indications of good faith exercised by the licensee.

(6) The duration, frequency, and relevance of any previous violations committed by the licensee.

(7) Financial benefit to the licensee of committing or continuing the violation.

C. Any such fines levied and collected by the department, subject to applicable law, shall be used for the benefit of clients in adult brain injury facilities and shall be distributed in accordance with criteria promulgated by rules of the department.

Acts 2005, No. 245, §1, eff. June 29, 2005.
La. Rev. Stat. § 40:2115.16 — LA Code / Code revised-statutes / Title 40 / Section 2115.16
Decision; appeal
Status: in_force

A.(1) The attorney general shall review the completed application in accordance with the criteria set forth in R.S. 40:2115.17. Within sixty days after receipt of a completed application, the attorney general shall either:

(a) Approve the acquisition, with or without specific modifications.

(b) Disapprove the acquisition.

(2) If the attorney general does not act within sixty days after receipt of an application, the application is deemed approved.

(3) If the attorney general disapproves the acquisition, he shall seek, from a court of competent jurisdiction, within the time allowed, an order enjoining the acquisition. The court shall grant the injunction, following a hearing, if it finds that the acquisition does not substantially comply with the criteria set forth in R.S. 40:2115.17 and 2115.18. In the event that the seller, purchaser, or attorney general disagrees with the court's decision, they may appeal as otherwise provided by law.

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

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:592.5 — LA Code / Code revised-statutes / Title 40 / Section 592.5
Governing authority; duties and powers
Status: in_force

The governing authority or its duly authorized designee shall administer the provisions of this Part and shall have the following powers and duties:

(1) To acquire by purchase, donation, or bequest vacant, undeveloped real property and/or real property on which one or more substandard structures are located provided that the transaction does not involve the exercise of municipal expropriation powers except as permitted in this Part.

(2) To exercise expropriation powers only when necessary to correct or otherwise address title defects, problems of identifying and/or locating property owners, property description discrepancies, and similar problems.

(3) To demolish and remove or cause to be demolished and removed any substandard structures and other improvements and fixtures as may detract from the reuse of the property as a site or sites for the construction of new housing or the placement of already-constructed housing which will be improved to comply with local building codes and resold.

(4)(a) To resell or lease the real property acquired hereunder by publicly advertised competitive bid to private persons at not less than nor more than the fair market value thereof or otherwise transfer title except through donation of that property to a qualified nonprofit corporation.

(b) In no case shall the sale price be less than the purchase price.

(c) The property to be sold or otherwise disposed of shall only be used as a site for the construction of new owner-occupied housing and/or the placement of relocated housing which is to be properly improved and resold to owner-occupants and shall be subject to such other covenants, conditions, and restrictions including covenants running with the land, reasonable construction start and completion times, sale or resale affordability guidelines, etc., as may be deemed necessary and desirable to assist in accomplishing the purposes of this Section and in complying with the municipality's master or comprehensive plan, zoning ordinance, and other applicable codes, ordinances, policies, programs, and plans, if any.

Acts 1984, No. 571, §1.
La. Rev. Stat. § 40:619 — LA Code / Code revised-statutes / Title 40 / Section 619
Certain drugs and devices excepted from labeling and packaging provisions
Status: in_force

The department shall promulgate regulations exempting from any labeling or packaging requirement of this Part drugs and devices which are, in accordance with the practice of the trade, processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that these drugs and devices are in conformity with the provisions of this Part upon removal from the processing, labeling, or repacking establishment.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1269.4 — LA Code / Code revised-statutes / Title 40 / Section 1269.4
Penalty
Status: in_force

Whoever violates any provisions of any rule or regulation of the department adopted hereunder, shall be fined not more than one hundred dollars, or imprisoned for not more than thirty days, or both, for each offense.

Added by Acts 1954, No. 663, §1. Amended by Acts 1974, No. 601, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1278 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:720 — LA Code / Code revised-statutes / Title 40 / Section 720
Ingredients permitted in soft drinks
Status: in_force

For purposes of this Part, all soft drinks or other nonalcoholic beverages, except nonalcoholic fruit juices, shall consist of a beverage made from pure cane or beet sugar syrup or such other sweetening liquids or substances as are permitted by the regulations of the department, containing pure flavoring material, with or without added fruit acid, with or without added color. Nothing in this Part prohibits the use of any other harmless ingredients in the manufacture of soft drinks, malt beverages, and other nonalcoholic beverages. When artificial coal-tar colors are used, nothing but the certified colors approved by the government of the United States are permissible.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2115.15 — LA Code / Code revised-statutes / Title 40 / Section 2115.15
Public hearing; venue
Status: in_force

A. The attorney general shall, during the course of review under R.S. 40:2115.14, hold a public hearing in which any person may file written comments and exhibits, or may appear and make a statement.

B.(1) The hearing shall be held not later than thirty days after receipt of a completed application. The hearing shall be held upon ten working days notice, not including days the application is deemed to be incomplete.

(2) The hearing shall be held in the municipality in which the hospital is located. However, if the hospital is not located within a municipality, the hearing shall be held in the municipality nearest to the hospital and within the same parish in which the hospital is located or at the affected hospital itself.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998; Acts 2004, No. 916, §1.
La. Rev. Stat. § 40:1558.5 — LA Code / Code revised-statutes / Title 40 / Section 1558.5
Powers and duties of the board
Status: in_force

A. The board shall:

(1) Create an application and develop application procedures.

(2) Determine which applications meet the eligibility requirements provided for in R.S. 40:1558.6 and any rules or regulations promulgated by the board.

(3) Disburse to recipients an amount equal to the tuition charged by the state funded college, university, or vocational or technical school selected by the recipient.

(4) Require the fire chiefs of recipients to file voluntary status affidavits with the board for each semester for each recipient.

(5) Require recipients to file education progress reports with the board after each semester.

B. The board shall determine recipients based on eligible applicants in the order in which the applications were received by the board.

Acts 2013, No. 310, §2.
La. Rev. Stat. § 40:96 — LA Code / Code revised-statutes / Title 40 / Section 96
Confidentiality
Status: in_force

The vital statistics records required by this Part and the identities of the parties to a gestational carrier contract shall be confidential and shall not be subject to disclosure, release, or inspection except upon application to a competent court and in conformity with the applicable requirements of confidentiality applicable to adoptions in the Children's Code. The reporting of the data for public health purposes shall redact any identifying information and any public report shall indicate patient numbers as assigned pursuant to rules promulgated by the Louisiana Department of Health.

Acts 2016, No. 494, §4.
La. Rev. Stat. § 40:1001 — LA Code / Code revised-statutes / Title 40 / Section 1001
Short title
Status: in_force

This Part shall be known and may be cited as the "Prescription Monitoring Program Act".

Acts 2006, No. 676, §1, eff. July 1, 2006.
La. Rev. Stat. § 40:2113.5 — LA Code / Code revised-statutes / Title 40 / Section 2113.5
Services to persons who are elderly and persons with disabilities
Status: in_force

Any general hospital licensed under this Part, which is owned or operated, or both, by a hospital service district, or which benefits from being financed by the sale of bonds from the state or guaranteed by the state that are exempt from taxation as provided by Louisiana law, or which receives any other type of financial assistance from the state, is directed to give, when possible, priority to the treatment of persons who are elderly and persons with physical or mental disabilities in the delivery of nonemergency health care services.

Added by Acts 1981, No. 573, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:1558.4 — LA Code / Code revised-statutes / Title 40 / Section 1558.4
Volunteer Firefighters' Tuition Reimbursement Board; creation; membership
Status: in_force

A. There is hereby created the Volunteer Firefighters' Tuition Reimbursement Board within the Department of Public Safety and Corrections, office of state fire marshal, code enforcement and building safety.

B. The Volunteer Firefighters' Tuition Reimbursement Board shall be composed of seven members as follows:

(1) The state fire marshal or his designee.

(2) The president of the Senate or his designee.

(3) The speaker of the House of Representatives or his designee.

(4) One member appointed by the governor.

(5) One member appointed by the Louisiana State Firemen's Association.

(6) Two members appointed by the Louisiana Fire Chiefs Association, one of whom shall be the chief of a predominantly volunteer fire department.

C. Each board member shall serve without compensation.

D. The board shall adopt rules and regulations providing for the governance of the board, including but not limited to the following:

(1) Procedures for the election of board officers and terms of office.

(2) Methods and grounds for removal of board members, which shall include but not be limited to conviction of a felony and failure to meet attendance rules.

(3) Procedures for filling vacancies created by removal, resignation, or death of any member prior to the end of the member's term, which shall follow those used for the initial appointment of members to the board.

E. Four members shall constitute a quorum and shall be required to conduct the business of the board. A majority vote of the members constituting a quorum shall be necessary for any action taken by the board.

Acts 2013, No. 310, §2.
La. Rev. Stat. § 40:1667.9 — LA Code / Code revised-statutes / Title 40 / Section 1667.9
Extra compensation for commissioned full-time harbor police, fireboat personnel, and bridge police
Status: in_force

In addition to the compensation now paid to any harbor police officer, fireboat operator, and bridge police officer, every harbor police officer, fireboat employee, and bridge police officer who is a full-time employee and who is paid a salary of not less than eight hundred dollars per month and who has completed and passed a post-certified training program as provided in R.S. 40:2405 and who has completed or who hereafter completes one year of service shall be paid by the state extra compensation in the amount of six hundred dollars per month. The provisions of this Section shall only apply to employees of a political subdivision of the state.

Acts 2007, No. 281, §1, eff. July 1, 2007; Acts 2008, No. 664, §1, eff. July 1, 2009. Redesignated from R.S. 33:2218.10. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 320, §2, eff. July 1, 2023.
La. Rev. Stat. § 40:1504 — LA Code / Code revised-statutes / Title 40 / Section 1504
Fire protection districts within Pointe Coupee Parish; governance
Status: in_force

The governing authority of Pointe Coupee Parish may provide, by ordinance, for the governance of fire protection districts created by the parish. Any such ordinance may provide for the creation of one or more supervising boards to govern such districts. Any ordinance that creates a supervising board shall provide for the appointment and compensation of board members.

Acts 2021, No. 42, §1, eff. June 1, 2021.
La. Rev. Stat. § 40:1502.16 — LA Code / Code revised-statutes / Title 40 / Section 1502.16
Service charge authorized for DeSoto Parish; assessment and collection
Status: in_force

A. In addition to the authority granted pursuant to R.S. 40:1502, the governing authority of DeSoto Parish Fire Protection District No. 2 and DeSoto Parish Fire Protection District No. 3 may establish a service charge or rates of service charges to be assessed persons owning each residential or commercial structure, whether occupied or unoccupied, located wholly or partly within the boundaries of the respective 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 and each housing unit within a multiple dwelling 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 or rates of service charges shall be framed to cover and shall be used for the costs of any or all fire protection and emergency medical transportation and emergency services incidental thereto.

B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the fire protection district; however, the resolution assessing the service charges shall be adopted by the governing authority only after the question of the assessment and the amount of the service charges or rates of service charges to be established 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.(1) The governing authority of the fire protection district assessing a service charge or rates of service charges as provided in this Section may also use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for the collection of taxes. Such means shall include the assessor carrying the fire protection service charges on the tax rolls for DeSoto Parish and the sheriff of DeSoto Parish collecting such service charges at the same time as ad valorem taxes are collected and with the same authority with which such taxes are collected. If any fire protection service charge becomes delinquent and unpaid, the sheriff shall send a "Final Notice" to the delinquent property owner by registered or certified mail. The sheriff shall also publish notice of the pending delinquent property sale in the parish journal, setting forth the names and addresses of the delinquent property owners and the date and place of the sale to enforce collection, and he shall enforce the collection in the same manner as ad valorem taxes are collected. The governing authority may compensate the sheriff and the tax assessor for such collection upon mutual agreement of the governing authority and the sheriff and tax assessor.

(2)(a) The governing authority of the district may also place liens for fire protection service charges upon the structure subject to the charge, upon the building, if any, in which the structure is located if it is owned by the owner of the structure, and upon the lot of ground not exceeding one acre on which the structure is situated if such lot of ground belongs to the person who owns such structure; however, if such structure or building is owned by a lessee of the lot of ground, the lien shall exist only against the lease and shall not affect the owner of the lot. Such lien shall be placed upon property only if the owner of a structure refuses to pay the service charges when requested to do so by the governing authority within thirty days after receipt by the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid charges in the mortgage office of the parish, which, when so filed and recorded, shall operate as a lien and privilege in favor of the district against property as provided by this Subsection.

(c) Such fire protection and emergency service charge obligations shall prime all other liens, mortgages, and privileges against the property, except those for taxes and prior recorded local and special assessments.

(d) In addition, the governing authority of the district may recover the unpaid charges, together with all costs of court and attorney fees, by ordinary process in the Forty-Second Judicial District Court.

(e) The governing authority may also provide, by resolution for interest on the unpaid charges, which shall be paid prior to cancellation of the lien.

Acts 2015, No. 52, §1; Acts 2018, No. 48, §1; Acts 2024, No. 287, §7.
La. Rev. Stat. § 40:1137.4 — LA Code / Code revised-statutes / Title 40 / Section 1137.4
Limitation of liability
Status: in_force

In addition to the civil immunity provided to persons rendering emergency assistance as provided by law, including R.S. 9:2793, R.S. 37:1731, 1732, and 1735, and R.S. 40:1131.2, any prescribing advanced practice registered nurse or physician who authorizes the purchase of the AED, any physician or advanced practice registered nurse involved in the possessor's program, any individual or entity which provides training in cardiopulmonary resuscitation and in the use of an AED, any purchaser of an AED, any person or entity who owns or who is responsible for the site or the private security patrol vehicle where an AED is located, and any expected user regularly on the premises or in the vehicle shall not be liable for any civil damages arising from any act or omission of acts related to the operation of or failure to operate an AED that do not amount to willful or wanton misconduct or gross negligence.

Acts 1999, No. 825, §1; Acts 2004, No. 443, §1; Acts 2010, No. 459, §2; Redesignated from R.S. 40:1236.14 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:599.28 — LA Code / Code revised-statutes / Title 40 / Section 599.28
Trust funds
Status: in_force

A. Proceeds from the sale of bonds and other revenues received under this Part are trust funds to be held and applied solely as provided in this Subtitle.

B.(1) Each officer, bank, or trust company that receives trust money from the authority under this Part shall act as trustee of the money and shall hold and apply the money for the purposes specified under this Part.

(2) The officer, bank, or trust company holding money is subject to:

(a) Any regulation adopted under this Subtitle.

(b) The resolution authorizing the issuance of bonds or the trust agreement.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:545 — LA Code / Code revised-statutes / Title 40 / Section 545
Private rights of action; third party beneficiary rights
Status: in_force

Except with respect to enforcing any right to indemnification under R.S. 40:516 or any right of an obligee under R.S. 40:475 and 476, and notwithstanding any other provision of law to the contrary, this Chapter shall not confer upon any person or organization a right of action in any court to enforce this Chapter. Except as otherwise stated in this Section, any and all rights to enforce this Chapter are vested exclusively in housing authorities and the municipalities and parishes of this state that establish housing authorities, and without limiting the foregoing, no person or entity not expressly named as a party to a contract entered into by a housing authority shall have any right of action, by virtue of the status of such person or entity as a third party beneficiary of such contract, or otherwise based upon such contract. Any claim or action in violation of this Section shall be absolutely null and void.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1049.4 — LA Code / Code revised-statutes / Title 40 / Section 1049.4
Central computer monitoring system; system requirements
Status: in_force

A. In order to facilitate the monitoring of sales of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine the pharmacist, certified pharmacy technician, or other pharmacy employee shall record all of the following information at the point of sale regarding the transaction:

(1) The date of the transaction.

(2) The name and address of the purchaser verified through photo identification of the purchaser as provided for in R.S. 40:1049.3(B)(1).

(3) The name, quantity of packages, and total gram weight of the product or products purchased, received, or otherwise acquired.

B. Upon recordation of the transaction information, the pharmacy shall transmit the information immediately to a central computer system for purposes of monitoring the sales of these products as provided for in this Section.

C. The central computer system authorized by the provisions of this Section shall be designed and operated to allow the monitoring and reading of sales information regarding products containing ephedrine, pseudoephedrine, and phenylpropanolamine at the point of sale instantly and on a real-time basis.

D. The central computer system authorized by the provisions of this Section shall be located within and administered by the Department of Public Safety and Corrections, office of state police.

E. The central computer monitoring system shall provide for the monitoring of sales of compounds containing ephedrine, pseudoephedrine, and phenylpropanolamine and shall be capable of providing an online computer alert, to ensure direct scrutiny of conditions which would violate the provisions of this Part by law enforcement.

F. The provisions of this Part shall not be construed to require that any pharmacy maintain the transaction records required under the provisions of this Part separate from the log book that is required under 21 U.S.C. 830(e). Use of the central computer monitoring system as required by this Part shall be deemed to satisfy both of these purposes.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:2120.36 — LA Code / Code revised-statutes / Title 40 / Section 2120.36
Inspections
Status: in_force

The department, through its duly authorized agents, shall inspect at regular intervals as may be deemed necessary by the department, and without previous notice all adult brain injury facilities, subject to the provisions of this Part. The department shall also develop and facilitate coordination with other authorized local, state, and federal agencies making inspections of such facilities.

Acts 2005, No. 245, §1, eff. June 29, 2005.
La. Rev. Stat. § 40:1135.10 — LA Code / Code revised-statutes / Title 40 / Section 1135.10
Emergency Medical Technician Dedicated Fund Account
Status: in_force

A. There is hereby established a special account in the state treasury to be known as the Emergency Medical Technician Dedicated Fund Account, hereafter referred to as "account", which shall consist of monies generated by the fees collected from the purchase of prestige license plates for certified emergency medical technicians as provided in R.S. 47:463.47. In addition, the legislature may make annual appropriations to the account for the purposes set forth in this Section.

B. All monies collected pursuant to R.S. 47:463.47 shall be deposited in the Bond Security and Redemption Fund as required by Article VII, Section 9(B) of the Constitution of Louisiana and thereafter shall be credited to a special agency account. Funding deposited into the account shall be considered fees and self-generated revenues and shall be available for annual appropriations by the legislature.

C. The monies in the account shall be appropriated to the Louisiana Department of Health solely for purchasing equipment for the testing of applicants for certification as an emergency medical technician and to cover other testing-related costs. All unexpended and unencumbered monies remaining in the account at the close of each fiscal year shall remain in the account.

Acts 1997, No. 1131, §1, eff. July 14, 1997; Redesignated from R.S. 40:1236.5 by HCR 84 of 2015 R.S; Acts 2018, No. 612, §13, eff. July 1, 2020; Acts 2019, No. 404, §1, eff. July 1, 2020.
La. Rev. Stat. § 40:1424 — LA Code / Code revised-statutes / Title 40 / Section 1424
Reporting suspected fraud
Status: in_force

A. If any person or any insurer, any employee thereof, or any insurance professional has knowledge of or has reason to believe that a violation of R.S. 22:1923, 1924, or 1925 will be, is being, or has been committed, that person shall notify the section of insurance fraud in the Department of Insurance, in accordance with R.S. 22:1926.

B. All applications for insurance and all claim forms provided and required by an insurer or required by law as a condition of payment of a claim shall contain a statement, permanently affixed to or included as a part of the application or claim form, that clearly states in substance the following:

"Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison."

C. The lack of the statement required by Subsection B of this Section shall not constitute a defense in any criminal prosecution. The statement shall not be required to appear on applications and forms relating to reinsurance.

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2001, No. 598, §2; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 40:1567.1 — LA Code / Code revised-statutes / Title 40 / Section 1567.1
Fees for copies of fire and investigation reports
Status: in_force

The fire marshal shall furnish copies of fire and investigation reports to any person upon the payment of two dollars per page for fire reports and other reports on letter size paper and five dollars per page for investigation reports and other reports on legal size paper.

Added by Acts 1977, No. 524, §1, eff. July 19, 1977.
La. Rev. Stat. § 40:996.1 — LA Code / Code revised-statutes / Title 40 / Section 996.1
Legislative findings
Status: in_force

A. For more than sixty years, the Louisiana Legislature enacted laws to protect the public from the detrimental effects of misusing substances which are susceptible to abuse or which lead to addiction.

B. Act No. 634 of the 1972 Regular Session incorporated protections regarding controlled dangerous substances into the Louisiana Uniform Controlled Dangerous Substances Law.

C. In 2009 and 2010, Louisiana began experiencing increased incidents of individuals consuming synthetic cannabinoids as alternatives to marijuana, as well as increased incidents of individuals consuming substances which mimic the effects of amphetamines and cocaine and which are marketed as bath salts, fertilizer, and insect repellent.

D. These substances, which have been sold throughout Louisiana in retail establishments, have produced symptoms such as high blood pressure, severe hallucinations, anxiety, vomiting, seizures, delusions, and suicidal thoughts.

E. The chemical compositions of these substances make them relatively easy to alter by chemists resulting in the rapid production of new substances which circumvent statutes outlawing the production, manufacture, possession, and distribution of controlled dangerous substances having similar abuse potential and pharmacological effects.

F. These substances have not been approved by the United States Food and Drug Administration as being safe for human consumption, are not subject to any quality control measures in their preparation, and do not have established dosages, making them extremely dangerous and potentially lethal.

G. These substances have a high potential for abuse and no acceptable medical use in treatment in the United States. There is a lack of accepted safety for use of the substances under medical supervision making these substances highly addictive and potentially lethal.

H. Article II, Section 1 of the Louisiana Constitution provides that the powers of government are divided into a legislative, executive, and judicial branch. Article II, Section 2 of the Louisiana Constitution provides that not one of these branches shall exercise power belonging to either of the other branches.

I. The Louisiana Legislature recognizes that the Louisiana Supreme Court, in State v. All Pro Paint & Body Shop, Inc., 639 So. 2d 707 (La. 1994), outlined a three-prong test to evaluate the constitutionality of a statutory delegation of legislative authority. The test provided that a statute delegating authority to an administrative agency is constitutionally valid if the enabling statute contains a clear expression of legislative policy, prescribes sufficient standards to guide the agency in the execution of that policy, and has adequate procedural safeguards to protect against abuse of discretion by that agency.

J. The Louisiana Legislature has a compelling interest in protecting the health, safety, and welfare of its citizens against the detrimental and deadly effects of these substances.

K. The options for the legislature to address the imminent hazard to the health, safety, and welfare for the people of the state of Louisiana are limited by the provisions of Article III, Section 2 of the Louisiana Constitution, which mandates an annual legislative session and provides mechanisms for the convening of an extraordinary or emergency session.

L. The Louisiana Legislature seeks to provide for a limited delegation of legislative authority within the parameters which have been defined by the Louisiana Supreme Court for the express purpose of protecting the health, safety, and welfare of the citizens of the state from imminent harm.

M. Louisiana law authorizes the secretary of the Louisiana Department of Health to add a substance to the schedules of controlled dangerous substances based upon certain criteria. The provisions of R.S. 40:996.1 through 996.6 are intended to provide additional options for the secretary to address imminent hazards to the public health, safety, and welfare caused by dangerous substances.

Acts 2012, No. 347, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1306 — LA Code / Code revised-statutes / Title 40 / Section 1306
Appointment and control of employees
Status: in_force

The director may, subject to the limitations of appropriations:

(1) Establish positions within the department and make appointments thereto;

(2) Abolish positions;

(3) Transfer duties between positions;

(4) Assign duties to and direct and control the work of employees; and

(5) Transfer, promote, demote, remove, and otherwise change the status of employees of the department.

All employees of the department are, to the extent practicable, interchangeable in work assignments for such temporary periods as are necessary to meet seasonal and emergency demands upon the department.
La. Rev. Stat. § 40:580.10 — LA Code / Code revised-statutes / Title 40 / Section 580.10
Authority
Status: in_force

Any decision by a housing authority is subject to review by the governing authority of the municipality and appeal to the governing authority of the municipality.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2233 — LA Code / Code revised-statutes / Title 40 / Section 2233
Participation in health care decisions
Status: in_force

Each enrollee should actively participate in decisions related to the enrollee's health care and treatment. Each enrollee has the right to:

(1) Obtain complete information about their specific condition and treatment options and to seek second options.

(2) Information about available experimental treatments and clinical trials and how such research can be accessed.

(3) Have legal advanced directives or living wills respected by providers.

(4) Obtain assistance in decisionmaking from a patient ombudsman knowledgeable about the enrollee's specific policy or plan.

Acts 1995, No. 1212, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:681 — LA Code / Code revised-statutes / Title 40 / Section 681
License required for use of containers
Status: in_force

No person shall use or sell or transfer for use in the manufacturing, production, preparation, compounding, blending, or packing for sale, distribution, or transfer of a food, drug, or beverage any containers other than new containers unless he has been duly licensed by the Louisiana Department of Health, hereinafter referred to in this Part as the "department".

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1161.1 — LA Code / Code revised-statutes / Title 40 / Section 1161.1
Consent to dental treatment
Status: in_force

A. As used in this Subpart:

(1) "Dental treatment" means those practices and procedures which fall within the definition of the practice of "dentistry", as that term is defined in R.S. 37:751, except when performed by a physician or surgeon in the practice of his profession.

(2) "Patient" means a natural person who receives dental treatment.

(3) Notwithstanding the provisions of this Subpart, a dentist who performs oral or maxillofacial surgery in a hospital shall be subject to the provisions of R.S. 40:1157.1.

B. Notwithstanding any other law to the contrary, "informed consent" means consent to any dental treatment or course of dental treatment given by a patient:

(1) After the patient has been informed in general terms of the nature and purpose of the dental treatment or course of dental treatment and those risks of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars, if any, associated with such dental treatment or course of dental treatment which would ordinarily have been disclosed under the same or similar circumstances by dentists with the same or similar training and experience; and

(2) After the patient has been given an opportunity to ask questions concerning such dental treatment or course of dental treatment and his questions, if any, have been answered in a satisfactory manner.

C. Where the informed consent for dental treatment is obtained in writing, no evidence shall be admissible to modify or limit the authorization for performance of the dental treatment or course of dental treatment and such informed consent, in the absence of clear and convincing proof that execution of the consent was induced by fraudulent misrepresentation of material facts by the involved dentist, shall be conclusively presumed to be valid and effective. Where such written consent is employed it shall also be conclusively presumed that the patient, or his representative, is able to communicate effectively in spoken or written English or in any other language in which the consent form is written and that the patient, or his representative, has understood the information disclosed in the written consent, provided that such informed consent is documented in a writing which contains all of the following:

(1) Sets forth in general terms the nature and purpose of the dental treatment or course of dental treatment together with those risks described in Paragraph B(1) of this Section.

(2) Acknowledges that such disclosure of information has been made, that the patient has been given an opportunity to ask questions concerning such dental treatment or course of dental treatment, and that all questions asked have been answered in a satisfactory manner.

(3) Is signed by the patient for whom the dental treatment or course of dental treatment is to be performed, or if the patient for any reason lacks legal capacity to consent, by a representative of the patient as provided in the Louisiana Medical Consent Law, in R.S. 40:1159.1 et seq.

D. The responsibility for obtaining the informed consent of a patient shall be that of the dentist who is actually to provide or supervise the provision of the contemplated dental treatment or course of dental treatment. However, a lay or professional employee of a hospital or of the dentist, acting with the approval of the dentist, may validly perform the ministerial act of documenting such informed consent by securing the completion and execution of a written consent.

E. In any action for damages in which it is alleged that a patient underwent a dental treatment or a course of dental treatment without his informed consent, the plaintiff shall have the burden of proving, by a preponderance of the evidence, that:

(1) The defendant dentist failed to disclose a risk of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars associated with such dental treatment or course of dental treatment which would ordinarily have been disclosed under the same or similar circumstances by dentists with the same or similar training and experience;

(2) Such undisclosed risk did occur; and

(3) A reasonably prudent person in the patient's position would not have undergone the dental treatment or course of dental treatment had he been properly informed.

F. It shall not be essential to the validity of any informed consent that the consent be obtained in writing. Where consent to dental treatment by the patient or consent to dental treatment from a person authorized by law to consent to dental treatment for the patient is secured other than in writing in accordance with Paragraph C of this Section, the explanation to the patient or person authorizing consent for the patient shall include the matters set forth in Paragraphs B(1) and B(2) of this Section, such consent shall be valid, effective, and subject to proof according to the rules of evidence of ordinary cases.

Acts 1987, No. 669, §1; Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.131 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2120.44 — LA Code / Code revised-statutes / Title 40 / Section 2120.44
Rules and regulations; licensing standards
Status: in_force

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

B. The department shall prescribe, promulgate, and publish rules, regulations, and licensing standards relative to adult day health care providers, to include but not be limited to the following:

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

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

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

(5) Survey and complaint investigations.

(6) Initial and annual renewal of licenses.

(7) Provisional licenses.

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

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

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

C. The department may promulgate and publish other rules it deems necessary to streamline the application process and maximize participation of adults in need of adult day health care services. The rules, regulations, and licensing standards shall become effective upon approval by the secretary of the department in accordance with the Administrative Procedure Act. These rules and regulations shall have the effect of law.

Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1071.6 — LA Code / Code revised-statutes / Title 40 / Section 1071.6
Obesity; criteria for classification as a disease
Status: in_force

The state health officer shall classify obesity as a disease in all cases where the person's body mass index (BMI) is 30 kg/m 2 , or where a person's body mass index (BMI) is 27 kg/m 2 or greater and the person suffers from one or more of the following conditions or diseases:

(1) Type II diabetes.

(2) Impaired glucose tolerance.

(3) Hyperinsulinemia.

(4) Dyslipidemia.

(5) Hypertension.

(6) Cardiovascular disease.

(7) Gastric reflux disease.

(8) Gall bladder disease.

(9) Osteoarthritis of the hips or knees.

(10) Sleep apnea.

(11) Cerebrovascular disease.

Added by Acts 1999, No. 1316, §1; Redesignated from R.S. 40:1299.117 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2211 — LA Code / Code revised-statutes / Title 40 / Section 2211
Definitions
Status: in_force

For the purposes of this Part:

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

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

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

Acts 1995, No. 621, §1, eff. June 18, 1995.
La. Rev. Stat. § 40:1602 — LA Code / Code revised-statutes / Title 40 / Section 1602
Burn ban; authority of the state fire marshal; civil citation
Status: in_force

A. The state fire marshal may issue an order to prohibit or limit the private outdoor burning of materials in any area of this state.

B.(1) The state fire marshal or his representative or the commissioner of the Department of Agriculture and Forestry or his representative may impose a civil fine of two hundred fifty dollars for the violation of an order issued pursuant to this Section.

(2) Any penalties imposed pursuant to this Subsection may be appealed in accordance with the provisions of the Administrative Procedure Act.

(3) The penalties collected pursuant to this Subsection shall be deposited into the Louisiana Life Safety and Property Protection Trust Dedicated Fund Account within the state treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the credit of the account and shall, in addition to any other monies available for such purpose, be available to the state fire marshal to support fire safety and prevention programs.

C. This Section shall not apply to prescribed burning as defined in R.S. 3:17.

Acts 2012, No. 371, §1, eff. May 31, 2012; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 40:1049.8 — LA Code / Code revised-statutes / Title 40 / Section 1049.8
Pharmacists, certified pharmacy technician, or pharmacy employee not required to stop sale; may report
Status: in_force

A.(1) The provisions of this Part shall not be construed to require a pharmacist, certified pharmacy technician, or pharmacy employee to prohibit or complete a sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine even if the pharmacist, certified pharmacy technician, or other employee observes a warning or signal from the central computer monitoring program which indicates that the purchaser has purchased those products in amounts which exceed the amount which can be purchased by law.

(2) The provisions of this Part shall not be construed to limit a pharmacist's professional judgment as otherwise provided for by law or rules adopted by the Louisiana Board of Pharmacy.

B. A pharmacist, certified pharmacy technician, or pharmacy employee may report suspected violations of this Section or any other law to any local, state, or federal law enforcement agency, or the appropriate prosecutorial agency for further investigation or prosecution.

C. No pharmacist, certified pharmacy technician, or pharmacy employee who in good faith reports suspected violations as provided for in this Part shall be liable to any person or entity for any claim of damages as a result of the act of reporting the information, and no lawsuit may be predicated thereon.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:1472.12 — LA Code / Code revised-statutes / Title 40 / Section 1472.12
Unlawful storage of explosives
Status: in_force

A. It is unlawful to store explosives within the boundaries of the state of Louisiana unless in a storage magazine properly licensed under R.S. 40:1472.3, except that the storage of commercially manufactured black powder by historical and cultural reenactors of twenty-five pounds or less as authorized in this Part shall be stored in the factory-provided packages and boxes or in an approved day-box portable magazine.

B. Any person who violates the provisions of this Section shall upon conviction be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or be 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 2009, No. 391, §1.
La. Rev. Stat. § 40:1743 — LA Code / Code revised-statutes / Title 40 / Section 1743
Penalties
Status: in_force

Any person who violates, or fails to comply with, the provisions of this Part except those violations under R.S. 40:1742(B) shall be subject to penalties described in R.S. 40:1621.

Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1.
La. Rev. Stat. § 40:600.108 — LA Code / Code revised-statutes / Title 40 / Section 600.108
Termination of corporation
Status: in_force

A. The corporation and its corporate and public existence shall continue until terminated by law, provided that no such law shall take effect so long as the corporation shall have bonds outstanding, unless adequate provision has been made for the payment thereof.

B. Upon termination of the existence of the corporation, all of its rights, money, assets, and revenues in excess of its obligations shall pass to and be vested in the state.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1036 — LA Code / Code revised-statutes / Title 40 / Section 1036
Rules and regulations
Status: in_force

The department may promulgate any rules and regulations necessary to effectuate the purposes of this Chapter.

Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1265.1 — LA Code / Code revised-statutes / Title 40 / Section 1265.1
Public markets; location, inspection, and operation; exemptions; market zones
Status: in_force

A.(1) Municipal corporations may regulate the location, inspection, and operation of all public markets, subject to the superior right of inspection and regulation of the Louisiana Department of Health.

(2) Permanent open-air public market buildings built prior to 1950 which are designated as historic and located in the city of New Orleans shall be exempt from LAC 51:XXIII.1501, 1701, and 3505(A). The lessor shall develop food service operational guidelines after consultation and periodic review with the Louisiana Department of Health. Such food service operational guidelines shall be incorporated into the lease agreements with lessees who operate food service establishments in the exempted area. The lessor shall enforce such food service operational guidelines through leases with their lessees.

B. They may fix market zones around public markets. However, these market zones shall be limited to a radius of three thousand feet walking distance of the public market and shall not apply within a radius of three hundred lineal feet from the center of all public railroad passenger depots.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 397, §1; Acts 2011, 1 st Ex. Sess., No. 12, §1, eff. June 12, 2011; Redesignated from R.S. 40:1241 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1226.7 — LA Code / Code revised-statutes / Title 40 / Section 1226.7
Compensation of caregiver
Status: in_force

A caregiver designated under the provisions of this Part shall not accept compensation in exchange for aftercare provided to the patient. A licensed medical professional may be designated as a caregiver as long as the individual does not accept compensation for aftercare provided to the patient.

Acts 2016, No. 351, §1.
La. Rev. Stat. § 40:517 — LA Code / Code revised-statutes / Title 40 / Section 517
Mandatory indemnification
Status: in_force

Notwithstanding that a housing authority has failed or refused to agree to indemnify a representative, it shall indemnify any representative against reasonable expenses incurred by him in connection with any proceeding if the representative is wholly successful, on the merits, in the defense of the proceeding to which he was a party because he was a representative of the housing authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1193.4 — LA Code / Code revised-statutes / Title 40 / Section 1193.4
Monitoring device option; installation; consent of residents in shared rooms; accommodation by nursing home
Status: in_force

A.(1) At the time of a person's admission to a nursing home, the nursing home shall notify the person of his right to have a monitoring device installed in his room, and shall offer the person the option to have a monitoring device. The resident or his roommate may exercise the right to install or remove a monitoring device at any time during which he resides in the nursing home. The nursing home shall keep a record of the person's authorization or choice not to have a monitoring device.

(2) The nursing home shall make the record provided for in Paragraph (1) of this Subsection accessible to the ombudsman.

B.(1) If a resident who is residing in a shared room wishes to have a monitoring device installed in the room and another resident living in or moving into the same shared room refuses to consent to the use of the monitoring device, then the nursing home shall make a reasonable attempt to accommodate the resident who wishes to have the monitoring device installed. A nursing home shall be deemed to have met this accommodation requirement when, upon notification that a roommate has not consented to the use of an electronic monitoring device in his room, the facility offers to move either resident to another shared room that is available at the time of the request.

(2) If a resident chooses to reside in a private room in order to accommodate the use of an electronic monitoring device, the resident shall pay the private room rate. If a nursing home is unable to accommodate a resident due to lack of space, the nursing home shall reevaluate the request at least once every two weeks until the request is fulfilled.

C. After authorization, consent, and notice in accordance with this Part, a resident or his legal representative may install, operate, and maintain, at the expense of the resident, a monitoring device in the room of the resident.

D. The nursing home shall cooperate to accommodate the installation of the monitoring device unless doing so would place undue burden on the nursing home.

E. The monitoring device shall be in a fixed, stationary position and shall monitor only the resident who consents either personally or through his legal representative to be monitored.

Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1379.3 — LA Code / Code revised-statutes / Title 40 / Section 1379.3
Statewide permits for concealed handguns; application procedures; definitions
Status: in_force

A.(1) Notwithstanding any other provision of law to the contrary, the deputy secretary of public safety services of the Department of Public Safety and Corrections shall issue a concealed handgun permit to any person who qualifies for a permit under the provisions of this Section and may promulgate rules and adopt regulations regarding concealed handgun permits in accordance with the Administrative Procedure Act. The permit shall contain a permit number, expiration date, photograph, and the name, address, and date of birth of the permittee.

(2) Any information in any application for a concealed handgun permit or any information provided in connection with the application submitted to the deputy secretary of public safety services of the Department of Public Safety and Corrections under the provisions of this Section shall be held confidential and shall not be subject to any public records request nor shall the information be considered as a public record pursuant to R.S. 44:1 et seq. The Department of Public Safety and Corrections shall not release any list of persons who applied for or received a permit for a concealed handgun pursuant to this Section. However, nothing contained herein shall limit or impede the free flow of information between law enforcement agencies, prohibit the department from releasing information necessary to perform the background investigation, or provide statistical information which does not identify individual applicants or permittees.

(3)(a) Absent a valid court order requiring the release of information, or unless an applicant or a recipient of a concealed handgun permit is charged with a felony offense involving the use of a handgun, it shall be unlawful for any employee of the Department of Public Safety and Corrections or any law enforcement officer to intentionally release or disseminate for publication any information contained in an application for a concealed handgun permit or any information regarding the identity of any person who applied for or received a concealed handgun permit issued pursuant to this Section. A person who violates the provisions of this Subparagraph shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

(b)(i) It shall be unlawful for any person other than an employee of the Department of Public Safety and Corrections or a law enforcement officer to intentionally release, disseminate, or make public in any manner any information contained in an application for a concealed handgun permit or any information regarding the identity of any person who applied for or received a concealed handgun permit issued pursuant to this Section. Any person who violates the provisions of this Subparagraph shall be fined ten thousand dollars and may be imprisoned for not more than six months.

(ii) The provisions of this Subparagraph shall not apply to the release of information under any of the following circumstances:

(aa) A valid court order requires the release of the information.

(bb) The information released identifies a concealed handgun permit holder or applicant who is charged with a felony offense involving the use of a handgun.

(cc) The information regarding a concealed handgun permit applicant or holder is released pursuant to the express approval for the release of such information by that permit applicant or holder.

(dd) The information regarding a concealed handgun permit holder or applicant has been made public by that concealed handgun permit holder or applicant.

B.(1) A concealed handgun permit shall be issued only to a person who qualifies for a permit under the provisions of this Section. A concealed handgun permit issued pursuant to the provisions of this Section shall grant authority to a person to carry a concealed handgun on his person.

(2)(a) A person who meets the qualifications of R.S. 14:95(M) shall not be required to possess a valid concealed handgun permit issued by the state of Louisiana pursuant to the provisions of this Section in order to carry a concealed handgun in the state of Louisiana.

(b) Any person carrying a concealed firearm pursuant to this Paragraph shall be deemed to have certified that he meets all of the conditions required in R.S. 14:95(M).

C. To qualify for a concealed handgun permit, a person shall:

(1)(a) Make sworn application to the deputy secretary of public safety services of the Department of Public Safety and Corrections. The providing of false or misleading information on the application or any documents submitted with the application shall be grounds for the denial or revocation of a concealed handgun permit. The application shall reflect training in pistols, revolvers, or both. Any permittee under this Section shall notify the department of any address or name change within thirty days of the change. Failure to timely notify the department of a name or address change may result in suspension of the permit for up to thirty days.

(b) In the case of an applicant who is not a United States citizen, the applicant shall provide any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement and any basis, if applicable, for an exception to the prohibitions of 18 U.S.C. 922(g)(5)(B).

(2) Agree in writing to hold harmless and indemnify the department, the state, or any peace officer for any and all liability arising out of the issuance or use of the concealed handgun permit.

(3) Repealed by Acts 2025, No. 273, §2.

(4) Be twenty-one years of age or older.

(5) Not suffer from a mental or physical infirmity due to disease, illness, or intellectual disability which prevents the safe handling of a handgun.

(6) Not be ineligible to possess a firearm by virtue of having been convicted of a felony. A conviction for a felony offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction for the purposes of this Paragraph if ten years have elapsed since the completion of the person's probation, parole, or suspended sentence. However, the provisions of this Paragraph shall not apply to a conviction for a crime of violence as defined in R.S. 14:2(B) even if that conviction has been expunged. A conviction for which a person has been pardoned by the governor shall not be considered a conviction for purposes of this Paragraph, unless that pardon expressly provides that the person may not ship, transport, possess, or receive firearms.

(7) Not have been committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, as defined by R.S. 40:961 and 964, or been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor under the laws of this state or similar laws of any other state relating to a controlled dangerous substance within a five-year period immediately preceding the date on which the application is submitted, or be presently charged under indictment or a bill of information for such an offense.

(8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic within the five-year period immediately preceding the date on which the application is submitted, or at any time after the application has been submitted.

(9) Not have entered a plea of guilty or nolo contendere to or been found guilty of a crime of violence as defined in R.S. 14:2 at the misdemeanor level, unless five years have elapsed since completion of sentence or any other conditions set by the court have been fulfilled, or unless the conviction was set aside and the prosecution dismissed, prior to the date on which the application is submitted.

(10) Not have been convicted of, have entered a plea of guilty or nolo contendere to, or not be charged under indictment or a bill of information for any crime of violence or any crime punishable by imprisonment for a term of one year or greater. However, a person who has been convicted of a violation of 18 U.S.C. 491(a) shall be permitted to qualify for a concealed handgun permit if fifteen or more years has elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication, or period of probation or parole. A conviction for a felony offense which has been expunged prior to August 1, 2014, pursuant to the provisions of R.S. 44:9 or on or after August 1, 2014, pursuant to Title XXXIV of the Code of Criminal Procedure shall not be considered a conviction for the purposes of this Paragraph if ten years have elapsed since the completion of the person's probation, parole, or suspended sentence. However, the provisions of this Paragraph shall not apply to a conviction for a crime of violence as defined in R.S. 14:2(B) even if that conviction has been expunged. A conviction for which a person has been pardoned by the governor shall not be considered a conviction for purposes of this Paragraph, unless that pardon expressly provides that the person may not ship, transport, possess, or receive firearms.

(11) Not be a fugitive from justice.

(12) Not be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs.

(13) Not have been adjudicated to be mentally deficient or been committed to a mental institution, unless the person's right to possess a firearm has been restored pursuant to R.S. 28:57.

(14) Not be an illegal alien in the United States.

(15) Not have been discharged from the Armed Forces of the United States with a discharge characterized as "Under Other than Honorable Conditions", a "Bad Conduct Discharge", or a "Dishonorable Discharge". In the case of Commissioned Officers and Warrant Officers of the United States Armed Forces, the punishment of "Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-martial is deemed to be disqualifying under this Paragraph. For the purposes of this Paragraph, the United States Coast Guard is considered an armed force.

(16) Not have a history of engaging in violent behavior. There shall be a rebuttable presumption that an applicant has a history of engaging in violent behavior upon proof that, within a ten-year period immediately preceding the date of the application, the applicant has been arrested or charged on three or more occasions for any crime of violence as defined in R.S. 14:2(B), or has been arrested or charged on two or more occasions for any crime of violence that may be punished by death.

(17) Not be ineligible to possess or receive a firearm under 18 U.S.C. 922(g) or (n).

(18) Not have had a permit denied within one year prior to the most recent application.

(19) Not have had a permit revoked within four years prior to the most recent application.

D.(1) In addition to the requirements of Subsection C of this Section, an applicant shall demonstrate competence with a handgun by any one of the following:

(a) Completion of any National Rifle Association handguns safety or training course conducted by a National Rifle Association certified instructor within the preceding twelve months.

(b) Completion of any Department of Public Safety and Corrections approved firearms safety or training course or class available to the general public offered by a law enforcement agency, college, or private or public institution or organization or firearms training school within the preceding twelve months.

(c) Completion of any law enforcement firearms safety or training course or class approved by the Department of Public Safety and Corrections and offered for correctional officers, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement within the preceding twelve months.

(d) Possession of a current valid license to carry a concealed weapon issued by a parish law enforcement officer.

(e) Completion of any firearms training or safety course or class approved by the Department of Public Safety and Corrections within the preceding twelve months.

(f) Completion of a law enforcement training academy program certified by the Council on Peace Officer Standards and Training. However, any person retired from full-time service as a Louisiana peace officer need only demonstrate that he was properly certified by the Council on Peace Officer Standards and Training at the time of retirement.

(g) Completion of small arms training within the preceding sixty months while serving with the armed forces of the United States as evidenced by any of the following:

(i) For personnel released or retired from active duty, possession of an "Honorable Discharge" or "General Discharge Under Honorable Conditions" as evidenced by a Department of Defense Form 214 (DD-214).

(ii) For personnel on active duty or serving in one of the National Guard or reserve components of the Armed Forces, possession of certification of completion of basic training with service record evidence of having successfully completed small arms training and qualification.

(h) The National Rifle Association's personal protection course.

(i) For personnel released or retired from active duty or the National Guard or reserve components of the Armed Forces for more than sixty months, possession of proof indicating combat service and an "Honorable Discharge" or "General Discharge Under Honorable Conditions" as evidenced by a Department of Defense Form 214 (DD-214) and completion of the following:

(i) A three-hour course of instruction on the use of deadly force and conflict resolution which shall include a review of R.S. 14:18 through 22 and which may include a review of any other laws relating to the use of deadly force within the preceding sixty months.

(ii) A one-hour course of instruction on child access prevention within the preceding sixty months.

(j) Completion of any United States Concealed Carry Association handgun safety or training course conducted by a United States Concealed Carry Association certified instructor within the preceding twelve months.

(2)(a) Instructors for any class, training, or course of instruction authorized by this Subsection, except for small arms training in military service as provided in Subparagraph (1)(g) of this Subsection, shall be certified by any of the following:

(i) The Council on Peace Officer Standards and Training as a firearms instructor.

(ii) The National Rifle Association as an instructor for Basic Pistol Shooting, Personal Protection in the Home, Carrying a Concealed Weapon, or Personal Protection Outside the Home.

(iii) The National Rifle Association Law Enforcement Division as an instructor for courses involving the teaching of handguns.

(iv) The United States Concealed Carry Association as an instructor for Home Defense and Concealed Carry Fundamentals or Defensive Shooting Fundamentals.

(v) The Federal Law Enforcement Training Center's Firearms Instructor Training Program or other federal agency firearms instructor course consisting of at least forty hours of instruction.

(vi) Other instructor certification programs approved by the Department of Public Safety and Corrections.

(b) Any safety or training course or class as described in this Subsection, except for basic handgun training in military service provided in Subparagraph (1)(g) of this Subsection, shall include instruction in child access prevention, a demonstration by the applicant of shooting proficiency, and safe handling of a handgun.

(3) Any live range fire training required to demonstrate competency as authorized by the provisions of this Subsection may use live ammunition or fixed-case marking projectiles capable of being fired from a handgun.

E.(1) A photocopy of a certificate of completion of any of the courses or classes, or an affidavit from the instructor, school, club, organization, or group that conducted or taught said course or class attesting to the completion of the course or class by the applicant, or a copy of any document which shows completion of the course or class or confirms participation in firearms competition or honorable discharge shall constitute evidence of qualification pursuant to Subsection D of this Section.

(2) It shall be illegal to intentionally present false, fraudulent, altered, or counterfeit documents to prove training in handguns in order to obtain a concealed handgun permit. Whoever intentionally presents false, fraudulent, altered, or counterfeit documents to prove training in handguns in order to obtain a concealed handgun permit shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both. In addition, no person convicted of a violation of this Subsection shall be eligible to obtain a permit.

F.(1) The deputy secretary shall revoke the permit if at any time during the permit period the permittee fails to satisfy any one of the qualification requirements provided for in Subsection C of this Section.

(2) The deputy secretary shall revoke the permit for a violation of Subsection I of this Section or R.S. 40:1382.

G. Neither the state, the deputy secretary of public safety services, nor any applicable permitting process employee of the Department of Public Safety and Corrections shall be liable for acts committed by the permittee, unless the deputy secretary or applicable permitting process employee had actual knowledge at the time the permit was issued that the permittee was disqualified by law from carrying a concealed handgun.

H.(1) The deputy secretary of public safety services of the Department of Public Safety and Corrections shall, within two working days of the initial application, notify the chief of police of the municipality and the chief law enforcement officer of the parish in which the applicant is domiciled of such application. Those officers shall have ten days to forward to the deputy secretary any information relating to the applicant's legal qualification to receive a permit.

(2) The deputy secretary of public safety services of the Department of Public Safety and Corrections shall issue timely and without delay the concealed handgun permit to all qualified applicants, which permit shall be for a term of five years, at a cost of twenty-five dollars per year, and which shall be valid in all parishes statewide. The division may promulgate rules for the purpose of providing for permits and fees for fewer than five years to the applicants requesting a shorter time period. Fees may be reduced proportionately for terms of fewer than five years. The permit shall be retained by the permittee who shall immediately produce it upon the request of any law enforcement officer.

(3) Anyone who violates the provisions of this Subsection shall be fined not more than one hundred dollars.

I.(1) No individual to whom a concealed handgun permit is issued or a person carrying a weapon pursuant to R.S. 14:95(M) may carry and conceal such handgun while under the influence of alcohol or a controlled dangerous substance. While a permittee is under the influence of alcohol or a controlled dangerous substance, an otherwise lawful permit is considered automatically suspended and is not valid. A permittee or any person carrying a concealed handgun shall be considered under the influence as evidenced by a blood alcohol reading of.05 percent or greater by weight of alcohol in the blood, or when a blood test or urine test shows any confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.

(2) A permittee armed with a handgun in accordance with this Section or a person carrying a weapon pursuant to R.S. 14:95(M) shall notify any police officer who approaches the individual in an official manner or with an identified official purpose that the individual has a weapon on his person, submit to a pat down, and allow the officer to temporarily disarm him. Whenever a law enforcement officer is made aware that an individual is carrying a concealed handgun and the law enforcement officer has reasonable grounds to suspect that the individual is under the influence of either alcohol or a controlled dangerous substance, the law enforcement officer may take temporary possession of the handgun, reasonably detain the individual, and request submission of the individual to a department-certified chemical test for determination of the chemical status of the individual. Whenever a law enforcement officer reasonably suspects or is made aware that an individual is behaving in a criminally negligent manner as defined under the provisions of this Section, or is negligent in the carrying of a concealed handgun as provided for in R.S. 40:1382, the law enforcement officer may frisk for and seize the handgun, until adjudication by a judge, if the individual is issued a summons or arrested under the provisions of R.S. 40:1382. Failure by the permittee to comply with the provisions of this Paragraph shall result in a six-month automatic suspension of the permit. A person carrying a concealed handgun pursuant to R.S. 14:95(M) who fails to comply with the provisions of this Paragraph shall be subject to the penalties provided in Subsection L of this Section.

(3) The permit to carry a concealed handgun shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun under any of the following circumstances:

(a) The blood alcohol reading of a permittee is .05 percent or greater by weight of alcohol in the blood.

(b) A permittee's blood test or urine test shows the confirmed presence of a controlled dangerous substance as defined in R.S. 40:961 and 964.

(c) A permittee refuses to submit to a department-certified chemical test when requested to do so by a law enforcement officer pursuant to Paragraph (2) of this Subsection.

(d) An individual is found guilty of negligent carrying of a concealed handgun as provided for in R.S. 40:1382.

(4) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and he shall be given the opportunity to telephone and request the qualified person to administer such test.

(5) Whenever a peace officer determines that grounds under this Subsection exist for the revocation of a concealed handgun permit, he shall prepare an affidavit, on a form provided by the Department of Public Safety and Corrections, indicating the reasons for the revocation and all other information regarding the revocation available to the officer. A copy of the peace officer's report relating to the incident shall be attached to the affidavit when submitted to the department.

(6) No permit shall be suspended or revoked solely upon the basis of an arrest for a violation of R.S. 14:98.1.

J. For the purposes of this Section, the following terms shall have the meanings ascribed herein:

(1) "Crime of violence" means a crime as defined in R.S. 14:2(B).

(2) "Criminal negligence" means there exists such disregard of the interest of others that the license holder's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.

(3) "Handgun" means a type of firearm commonly referred to as a pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or is capable of firing fixed cartridge ammunition. The term "handgun" shall not include shotguns or rifles that have been altered by having their stocks or barrels cut or shortened.

(4) "Resident" means a person who is legally domiciled in Louisiana. An individual shall prove legal domicile by providing a copy of a valid Louisiana driver's license or an official Louisiana identification card. Notwithstanding anything in this Section to the contrary, a person who maintains a dwelling in this state but is residing elsewhere as a member of the United States military or as a student is still considered to be a resident for the purposes of this Section.

K. The department shall execute a thorough background investigation, including a criminal history check, of every applicant for the purpose of verifying the qualifications of the applicant pursuant to the requirements of this Section. For purposes of this Subsection, a background check shall be defined as a computer check of available on-line state records, and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history record check. In addition, the department shall submit an inquiry on every applicant to the National Instant Criminal Background Check System of the Federal Bureau of Investigation.

L.(1) Anyone who carries and conceals a handgun in violation of any provision of this Section, unless authorized to do so by another provision of the law, shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

(2) Anyone who carries a concealed handgun in violation of any provision of this Section in the area within the boundaries of the French Quarter Management District as established in R.S. 25:799 shall be fined not less than five hundred dollars nor more than one thousand dollars, or be imprisoned for not more than six months, or both.

M. No concealed handgun may be carried into and no concealed handgun permit shall be valid or entitle any permittee to carry a concealed handgun in any facility, building, location, zone, or area in which firearms are banned by state or federal law.

N. No concealed handgun may be carried into and no concealed handgun permit issued pursuant to this Section shall authorize or entitle a permittee to carry a concealed handgun in any of the following:

(1) A law enforcement office, station, or building.

(2) A detention facility, prison, or jail.

(3) A courthouse or courtroom, provided that a judge may carry such a weapon in his own courtroom.

(4) A polling place.

(5) A municipal building or other public building or structure, only if the building or structure is utilized as the meeting place of the governing authority of a political subdivision.

(6) The state capitol building.

(7) Any portion of an airport facility where the carrying of firearms is prohibited under federal law, except that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment, for the purpose of checking such firearm as lawful baggage.

(8) Any church, synagogue, mosque, or other similar place of worship, eligible for qualification as a tax-exempt organization under 26 U.S.C. 501, unless authorized by the person who has authority over the administration of the church, synagogue, mosque, or other similar place of worship.

(9)(a) A parade or demonstration for which a permit is issued by a governmental entity when the permittee or person is an active participant in such parade or demonstration.

(b) The provisions of this Paragraph shall not apply to a bystander or spectator who attends a parade or demonstration for which a permit is issued by a governmental entity.

(10) Any portion of the permitted area of an establishment that has been granted a Class A-General retail permit, as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, to sell alcoholic beverages for consumption on the premises.

(11) Any school, school campus, or school bus as defined in R.S. 14:95.6.

O.(1) The provisions of Subsection N of this Section shall not limit the right of a property owner, lessee, or other lawful custodian to prohibit or restrict access of those persons possessing a concealed handgun pursuant to a permit issued under this Section or a person lawfully carrying a handgun pursuant to R.S. 14:95(M).

(2) No individual to whom a concealed handgun permit is issued or who is lawfully carrying a handgun pursuant to R.S. 14:95(M) may carry a concealed handgun into the private residence of another without first receiving the consent of that person.

P. Within three months of April 19, 1996, the Department of Public Safety and Corrections shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide an appeal process in the event that an applicant is denied issuance of a permit. The department may also promulgate educational requirements for renewal of concealed handgun permits.

Q. The provisions of this Section shall not apply to commissioned law enforcement officers.

R.(1) Each permittee, within fifteen days of a misdemeanor or a felony arrest, other than a minor traffic violation, in this state or any other state, shall notify the deputy secretary of public safety services by certified mail. The deputy secretary may suspend, for up to ninety days, the permit of any permittee who fails to meet the notification requirements of this Section.

(2) The Department of Public Safety and Corrections shall submit a report by March thirty-first of each year to the Senate Committee on Judiciary C and the House Committee on the Administration of Criminal Justice relative to concealed handgun permits. The report shall include information on the number of licenses issued, denied, revoked, or suspended and the reasons for such denial, revocation, or suspension to be categorized by age, sex, race, and zip code of the applicant or licensee. The report shall include data concerning any known accidents or deaths involving permittees.

S. Notwithstanding any other provision of law to the contrary, the department may develop, print, and distribute an informational newsletter relative to concealed handgun permittees, safety training, and related matters.

T.(1) Possession of a current and valid concealed handgun permit issued pursuant to this Section shall constitute sufficient evidence of the background check required pursuant to 18 U.S.C. 922(t) provided that the appropriate waiver has been granted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. A person whose permit has been suspended or revoked by the department and who uses that permit to purchase a firearm from a licensed dealer knowing that the permit has been suspended or revoked shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

(2) A current and valid concealed handgun permit issued by another state to an individual having attained the age of twenty-one years shall be deemed to be valid for the out-of-state permit holder to carry a concealed weapon within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states.

(3) An out-of-state permit holder carrying a concealed handgun pursuant to this Paragraph is bound by the laws of this state regarding carrying a concealed handgun pursuant to a permit issued in accordance with this Section.

(4) A concealed handgun permit issued by another state is invalid in the state of Louisiana for the purpose of authorizing a Louisiana resident to carry a concealed handgun in the state of Louisiana.

(5) The deputy secretary for public safety services shall also have the authority to enter into reciprocity agreements with other states so that full-time active peace officers commissioned in another state shall have the same authority as a person issued a concealed handgun permit pursuant to this Section to carry a concealed handgun while in this state, regardless of whether or not they are in the official discharge of their duties, and full-time active law enforcement officers commissioned in this state shall have the authority to carry a concealed handgun in those states whether or not they are in the official discharge of their duties. An out-of-state law enforcement officer carrying a concealed handgun pursuant to this Paragraph is bound by the laws of this state regarding carrying a concealed handgun pursuant to a permit issued in accordance with this Section.

U. Repealed by Acts 2020, No. 186, §2.

V.(1) Notwithstanding any other provision of law to the contrary, a person who meets the provisions of this Section may be issued a lifetime concealed handgun permit. The term for the lifetime concealed handgun permit shall be for the life of the permit holder.

(2) A person issued a lifetime concealed handgun permit shall be required to meet the qualifications and competency requirements for the issuance of a concealed handgun permit pursuant to the provisions of Subsections C and D of this Section.

(3) A person issued a lifetime concealed handgun permit shall have a continuing obligation to comply with the provisions of this Section and any other rules or provisions of law regarding the carrying of concealed handguns.

(4)(a) A lifetime concealed handgun permit holder shall provide the division with proof of completion of educational training every five years. The educational training shall include all of the following:

(i) Instruction on handgun nomenclature and safe handling procedures for a revolver and a semiautomatic pistol.

(ii) Instruction on ammunition knowledge and fundamentals of pistol shooting.

(iii) Instruction on handgun shooting positions.

(iv) Instruction on the use of deadly force and conflict resolution which shall include a review of R.S. 14:18 through 22 and which may include a review of any other laws relating to use of deadly force.

(v) Instruction on child access prevention.

(vi) Actual live range fire and proper handgun cleaning procedures:

(aa) Live range fire shall include twelve rounds each at six feet, ten feet, and fifteen feet for a total of thirty-six rounds.

(bb) Each applicant or permittee must perform at least one safe reload of the handgun at each distance.

(cc) Each applicant or permittee must score one hundred percent hits within the silhouette portion of a N.R.A. B-27 type silhouette target with at least thirty-six rounds.

(b) Failure to submit proof of completion of the educational training pursuant to the provisions of this Paragraph shall result in the suspension of the lifetime concealed handgun permit until such time as the lifetime concealed handgun permit holder submits proof of the educational training required in the provisions of this Paragraph.

(5) The deputy secretary of the department shall revoke the lifetime concealed handgun permit if the permittee fails to satisfy the qualifications and requirements of Subsection C of this Section or violates the provisions of Subsection I of this Section.

(6) Repealed by Acts 2025, No. 273, §2.

(7) An applicant for a lifetime concealed handgun permit shall pay the yearly fee provided for in Paragraph (H)(2) of this Section but shall prepay that fee for a total of twenty years at the time the application is made. If the applicant is sixty-five years of age or older, he shall pay the yearly fee provided for in Paragraph (H)(2) of this Section but shall prepay that fee for a total of ten years at the time the application is made.

W.(1) Notwithstanding any provision of law to the contrary, an active duty member or reserve member of the armed forces of the United States shall pay one half of the annual fee provided for in Paragraph (H)(2) of this Section for a five-year permit, or if applying for a lifetime concealed handgun permit, he shall prepay that fee for a total of ten years at the time the application for the lifetime concealed handgun permit is made.

(2) A veteran of the armed forces of the United States shall be exempt from all fees associated with the five-year permit or lifetime concealed carry permit.

(3) For the purposes of this Subsection, "veteran" shall mean any honorably discharged veteran of the armed forces of the United States including reserve components of the armed forces, the Army National Guard, the Air National Guard, the United States Public Health Service Commissioned Corps, and any other category of persons designated by the president in time of war or emergency.

Added by Acts 1979, No. 322, §1; Acts 1985, No. 822, §1; Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996; Acts 1997, No. 841, §1; Acts 1997, No. 1081, §1; Acts 1997, No. 1082, §1; Acts 1999, No. 924, §2; Acts 1999, No. 1290, §1; Acts 2001, No. 574, §1; H.C.R. No. 127, 2001 R.S; Acts 2004, No. 470, §1; Acts 2008, No. 487, §1; Acts 2010, No. 341, §1; Acts 2010, No. 346, §1; Acts 2010, No. 354, §1; Acts 2010, No. 771, §1; Acts 2010, No. 925, §§1, 2; Acts 2010, No. 944, §1; Acts 2011, No. 242, §1; Acts 2013, No. 84, §1; Acts 2013, No. 401, §1; Acts 2013, No. 403, §1, eff. Jan. 1, 2014; Acts 2013, No. 404, §4, eff. Jan. 1, 2014; Acts 2014, No. 221, §1; Acts 2014, No. 614, §1, eff. July 4, 2014; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2016, No. 44, §1; Acts 2016, No. 212, §1; Acts 2018, No. 414, §1; Acts 2020, No. 186, §§1, 2; Acts 2020, No. 299, §1; Acts 2021, No. 463, §1; Acts 2022, No. 680, §2; Acts 2023, No. 295, §1; Acts 2024, 2 nd Ex. Sess., No. 1, §1, eff. July 4, 2024; Acts 2024, No. 6, §4, eff. July 4, 2024; Acts 2024, No. 535, §2, eff. July 4, 2024; Acts 2025, No. 271, §1; Acts 2025, No. 273, §§1, 2.
La. Rev. Stat. § 40:1295.3 — LA Code / Code revised-statutes / Title 40 / Section 1295.3
Public information concerning smoking cessation
Status: in_force

A. The department shall establish and maintain on its internet website a link to the website of the Smoking Cessation Trust, along with summary information on programs and services offered by the trust.

B. The department may feature the link to the website of the Smoking Cessation Trust and information on programs and services of the trust on any web page it maintains for any program or office if the link and information are posted in a conspicuous location. Added by Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.
La. Rev. Stat. § 40:592.4 — LA Code / Code revised-statutes / Title 40 / Section 592.4
Designated area
Status: in_force

The provisions of this Part shall apply only within the boundaries of properly approved housing development areas as provided by law.

Acts 1984, No. 571, §1.
La. Rev. Stat. § 40:2126 — LA Code / Code revised-statutes / Title 40 / Section 2126
Hospitals for the care of emotionally disturbed children; creation; conversion to full range psychiatric hospitals with satellite community cottages; superintendents
Status: in_force

A. There are hereby created four hospitals for the care, treatment, and rehabilitation of emotionally disturbed children, to be located in New Orleans, Baton Rouge, Shreveport, and Alexandria. These hospitals may be converted to full range psychiatric hospitals with satellite community cottages providing services to adults as well as emotionally disturbed children by the secretary of the Louisiana Department of Health upon his determination that there exists a need for such facilities. Each of the said hospitals shall be so limited in size as to allow for not more than three hundred beds.

B. The priority for the construction of the said hospitals shall be in the following order, namely; New Orleans, Baton Rouge, Shreveport, and Alexandria.

C. The secretary of the Louisiana Department of Health shall appoint a superintendent to control and manage each such hospital, subject to the provision of Subsection D hereof. Each superintendent shall be the executive officer of the hospital he is appointed to administer and shall be a classified state employee.

D. Each superintendent, in accordance with law, may appoint necessary employees.

The secretary of the Louisiana Department of Health may make rules and regulations for the operation and management of the said hospitals and, in accordance with the rules and regulations of the civil service commission, shall fix all salaries.

E. The provisions of this Section are expressly made applicable to the subject matters embraced in R.S. 46:1751 through R.S. 46:1767 to the extent necessary to give full effect to this Section.

Acts 1981, No. 673, §1.
La. Rev. Stat. § 40:2251 — LA Code / Code revised-statutes / Title 40 / Section 2251
Definitions
Status: in_force

A. For the purposes of this Part, "essential community provider" means a health care provider who has historically served medically needy or indigent patients, including any of the following who have historically served such patients:

(1) A federally qualified health center.

(2) A rural health clinic.

(3) Any hospital owned or operated by the state.

(4) A community health center.

(5) Any small rural hospital or any hospital owned or operated by a hospital service district.

(6) A physician who has historically served Medicaid and indigent patients.

(7) Any children's hospital as defined in 42 CFR Section 412.23(d).

(8) Any home health agency.

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

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

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

Acts 1995, No. 1282, §1, eff. June 29, 1995; Acts 1997, No. 3, §5, eff. July 1, 1997.
La. Rev. Stat. § 40:1153.5 — LA Code / Code revised-statutes / Title 40 / Section 1153.5
Short title
Status: in_force

This Subpart may be cited as the "Louisiana Military Advance Medical Directive Act".

Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.64 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:600.62 — LA Code / Code revised-statutes / Title 40 / Section 600.62
Definitions
Status: in_force

As used in this Chapter, the following words and terms shall have the following meanings, unless the context clearly indicates or requires another or different meaning or intent:

(1) "Division of administration" means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950.

(2) "Project" collectively means 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 plan may hereafter be amended, supplemented, or otherwise modified, by the corporation. The project may be financed with funds provided in whole or in part from the United States Department of Housing and Urban Development's Community Development Block Grant Program, as administered by the Louisiana office of community development of the division of administration.

(3) "Road Home Corporation" means the nonprofit corporation authorized to be formed by this Chapter, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Chapter shall be given by law. Such corporation may amend its articles of incorporation to change its name to Louisiana Land Trust. It is further declared that any such corporation shall not constitute a state agency, board, or commission; nor shall it constitute an instrumentality of the state or of any political subdivision.

(4) "State" means the state of Louisiana or any agency or instrumentality thereof.

Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.
La. Rev. Stat. § 40:1205.1 — LA Code / Code revised-statutes / Title 40 / Section 1205.1
Health Professional Development Program
Status: in_force

The Health Professional Development Program is hereby created in the office of management and finance in the Louisiana Department of Health. The program is established to meet the current and projected continued severe shortage of medical doctors and nurses in health professional shortage areas in the state by increasing the number of primary health care practitioners in shortage areas through a program for repayment of loans, a program for physician retention and recruitment, and a scholarship program. The Louisiana Department of Health may participate in any federal programs that provide matching funds or total funding for health professional development.

Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:731 — LA Code / Code revised-statutes / Title 40 / Section 731
Legislative intent
Status: in_force

It is the intent of the legislature to protect the public's health by establishing standards for bottled water and bottled water plants, water dealers, and water transportation vehicles or vessels to ensure that consumers who obtain water through such means are given appropriate information as to the nature of such water and that such consumers are assured that the water meets acceptable standards for human consumption.

Acts 1991, No. 623, §1.
La. Rev. Stat. § 40:2010.2 — LA Code / Code revised-statutes / Title 40 / Section 2010.2
Establishment of the office of the ombudsman
Status: in_force

The office of the state long-term care ombudsman is established in the office of elderly affairs for the purpose of assisting residents of facilities within this state. The office shall by administrative rule specify the educational and professional requirements for such ombudsman. Nothing contained in R.S. 40:2010.1 through 2010.5 shall be construed to supersede or modify the ultimate authority exercised over nursing homes by the Louisiana Department of Health pursuant to R.S. 40:2009.1 et seq.

Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1; Acts 1997, No. 1264, §1.
La. Rev. Stat. § 40:505 — LA Code / Code revised-statutes / Title 40 / Section 505
Change in family composition
Status: in_force

In the event of a change in the composition of tenant household, the local housing authority may determine which member or members of the household are entitled to continued occupancy for the unexpired lease term or periodic tenancy. A local housing authority may adopt such rules and procedures governing such determinations as it deems appropriate.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1139.11 — LA Code / Code revised-statutes / Title 40 / Section 1139.11
Rules and regulations
Status: in_force

The commission shall have the power, and it shall be its duty, to adopt rules and regulations, in accordance with the Administrative Procedure Act, for the proper disbursement of funds to participating providers. Such rules and regulations shall be submitted to the Senate and House committees on health and welfare and such committees shall have jurisdiction for purposes of the Administrative Procedure Act.

Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.31 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.35 — LA Code / Code revised-statutes / Title 40 / Section 1730.35
Application and issuance of certificates of registration; provisional certificates of registration; registration
Status: in_force

A. A person desiring to be registered as a building code enforcement officer as required by this Part shall apply to the council for a certificate of registration.

B. An applicant shall furnish satisfactory proof to the council of valid certification by a recognized code organization or testing agency that is prescribed by the council in the general or special capacity in which he desires to be registered; however, beginning August 1, 2008, and upon application and fulfillment of all other requirements necessary to obtain a certificate of registration, an employee of the state of Louisiana or one of its political subdivisions who is a Louisiana licensed architect or engineer shall be granted a certificate of registration without certification by a recognized building code organization or testing agency. Special certificates of registration authorize the registrant to practice in the named specialty only. General certificates of registration are not restricted. The council or its designated representatives shall review the guidelines employed by the organization or agency in order to determine their continued compatibility with the requirements considered by the council to be consistent with this Part.

C.(1) Certificates of registration may be issued without certification by a recognized code organization or testing agency to building code enforcement officers employed in code enforcement on January 1, 2007, only for the position and locality held at the time of registration pursuant to this Section. Such provisional certificates of registration are valid for the time period stipulated by regulation of the council for each registration classification from the date of issuance. The certificates of registration provided for in this Paragraph may not be renewed except as provided in Subsection B of this Section.

(2) Certificates of registration may be issued without certification by a recognized code organization or testing agency to building code enforcement officers who have been employed in building code enforcement for at least ten years on January 1, 2007, only for the position and locality held at the time of registration pursuant to this Section. Building code enforcement officers who are registered pursuant to this Paragraph shall comply with all continuing education requirements established by the council.

D. Upon initial employment by a parish, municipality, or other political subdivision, an individual must be granted a provisional certificate of registration without certification by a recognized code organization or testing agency, provided that such individual is under the supervision of a code enforcement officer who is certified by the International Code Council. Such provisional certificate of registration is valid for the time period stipulated by regulation of the council for each registration classification from the date of issuance. The provisional certificate of registration may not be renewed except as provided in Subsection B of this Section.

E. The council shall have the authority to suspend or revoke certificates of registration upon any violation of this Part after notice and a proper hearing. The council shall implement rules for such proceedings under the Administrative Procedure Act.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006; Acts 2008, No. 830, §1; Acts 2009, No. 325, §1.
La. Rev. Stat. § 40:2120.69 — LA Code / Code revised-statutes / Title 40 / Section 2120.69
Investigations; surveys
Status: in_force

A. The department may conduct onsite licensing surveys and inspections, including complaint surveys, to determine that the PACE provider is in compliance with the laws, rules, and regulations applicable to the PACE provider. Further, a PACE provider 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. The department may examine the premises of any PACE provider and may examine and inspect the PACE provider's books, records, documents, and other evidence in any survey or investigation. The PACE provider shall cooperate in any survey or investigation conducted by the department. Failure to cooperate with the survey or investigation may result in action up to and including license revocation.

C. The department may assess a PACE provider a survey or investigation fee, not to exceed one thousand dollars, for any complaint survey or investigation conducted by the department at which deficiencies are substantiated. This survey or inspection fee shall be imposed by the department only after the PACE provider has completed the administrative process that has upheld the deficiencies or the time for filing any administrative process or appeal has expired. The survey or investigation fee shall not exceed the cost of performing the survey or inspection. This fee shall be in addition to any other sanctions.

Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:1125.31 — LA Code / Code revised-statutes / Title 40 / Section 1125.31
Sickle cell anemia; clinic established
Status: in_force

The Louisiana Department of Health is hereby authorized and directed to establish and operate clinics in cooperation with the medical schools of Louisiana State University and Tulane University for the treatment of sickle cell anemia, in Charity Hospital of Louisiana in New Orleans and in Louisiana State Medical Center in Shreveport. The clinics shall be maintained for the treatment of victims of sickle cell anemia regardless of geographic and economic family situation without regard to the standard eligibility requirements of charity hospitals and for the training of physicians and medical students in methods of treatment and for research into the causes of the disease and its cure.

Acts 1972, No. 27, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 265, §2; Acts 1984, No. 859, §1; Acts 1993, No. 604, §2; Redesignated from R.S. 40:1299.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.5.
La. Rev. Stat. § 40:2162.1 — LA Code / Code revised-statutes / Title 40 / Section 2162.1
Short title
Status: in_force

This Part may be cited as the "Community-Based Care Facility Licensing Law".

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:1472.13 — LA Code / Code revised-statutes / Title 40 / Section 1472.13
Abandonment of explosives
Status: in_force

A. It is unlawful to abandon explosives or blasting caps in any field, culvert, ditch, waterway, or similar place.

B. Any person who violates the provisions of this Section shall upon conviction be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or be imprisoned with or without hard labor for not less than two years nor more than five years, or both.

Acts 1995, No. 1139, §1.
La. Rev. Stat. § 40:1463 — LA Code / Code revised-statutes / Title 40 / Section 1463
Cease and desist orders
Status: in_force

A. It shall be unlawful for any person to operate a driving school or to offer instruction as a driving school instructor unless both the school and the instructor are currently licensed as a driving school by the department, or for a licensed driving school to engage in any prohibited activity.

B. For the purpose of this Section, "prohibited activity" means:

(1) Activity normally conducted by a driving school such as classroom instruction, behind the wheel instruction, issuing certificates of successful completion to be used by an applicant to apply for a driver's license, advertising as a licensed, authorized, or approved driving school, or holding oneself out as an authorized or approved driving school or instructor without a license, authorization, or approval by the department.

(2) Activity conducted by a driving school or an instructor, whether licensed or not, in which a student of the school is requested to go to, or is taken to, a hotel room, a private residence, or any other location not appropriate for a person of the student's age.

C. The Department of Public Safety and Corrections, office of motor vehicles may issue a cease and desist order to any person or business which is operating in violation of this Section. Any such cease and desist order shall be served either by regular mail with a proof of mailing issued by the United States Postal Service, or by hand delivery by a representative of the department. If the cease and desist order is served by mail with proof of mailing, it shall be deemed delivered on the seventh calendar day after the date affixed by the post office on the certificate or proof of mailing. The presumption of delivery in this Subsection shall not apply if the postal service returns the cease and desist order as undeliverable.

D. If the person or business subject to the cease and desist order in this Section cannot be served, or does not comply with the cease and desist order, the department may file a petition for injunctive relief as provided in the Code of Civil Procedure in district court. There shall be no suspensive appeal or stay of an order or judgment of the district court granting the department a preliminary or permanent injunction.

E. The department shall promulgate rules as it determines are necessary to aid in the implementation and enforcement of this Section, in accordance with the Administrative Procedure Act.

Acts 2014, No. 307, §1.
La. Rev. Stat. § 40:1257.5 — LA Code / Code revised-statutes / Title 40 / Section 1257.5
Nonemergency medical transportation; transportation network companies
Status: in_force

A. The legislature hereby declares that transportation network companies are possible providers of services that protect and promote public health by facilitating access to primary care, pharmacy services, and other forms of health care that help people maintain and improve their health.

B. If the department determines that transportation network providers can provide transportation services for Medicaid recipients in a safe, effective, and cost-efficient manner and in compliance with applicable federal Medicaid and Medicare requirements, any transportation network company that complies with rules promulgated pursuant to this Section may connect a driver to a rider through utilizing a Medicaid NEMT broker for the purpose of providing nonemergency medical transportation services within the state through the Louisiana Medicaid program.

C.(1)(a) The department may promulgate rules and regulations as are necessary for the implementation of this Section. No transportation network company may provide Medicaid NEMT services prior to rules being promulgated by the department and demonstrating compliance with requirements established by the department through rules. Requirements imposed for companies and drivers to act as Medicaid transportation providers shall include requirements for enrollment and specifications for the vehicles used and any requirements that may be necessary to conform to applicable federal Medicaid transportation requirements administered by the department, bureau of health services financing.

(b) No driver shall provide nonemergency medical transportation services to a Medicaid enrollee through a transportation network company's digital network prior to the completion of a criminal background check on that driver which comports with the requirements for such background checks provided in R.S. 40:1203.1 et seq. or R.S. 48:2199.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the department shall require that, prior to facilitating nonemergency medical transportation services for Medicaid enrollees, a transportation network company be under contract with a transportation broker that is under contract with either of the following:

(a) A Medicaid managed care organization as defined in R.S. 46:460.51.

(b) The department.

D. The provisions of R.S. 48:2205 shall apply to the regulation of companies, drivers, and vehicles facilitating or providing nonemergency medical transportation services as authorized in this Section.

E. Nothing in this Section shall be construed to authorize a company or an individual to violate any provision of R.S. 40:1135.1.

F. No ambulance, emergency medical response vehicle, or EMS practitioner as defined in R.S. 40:1131 shall be used for the purpose of providing nonemergency medical transportation services pursuant to this Section.

Acts 2024, No. 677, §1.
La. Rev. Stat. § 40:1377 — LA Code / Code revised-statutes / Title 40 / Section 1377
Property and equipment for use of division
Status: in_force

The department may, within the limits of appropriations, purchase or otherwise acquire the right to use and maintain lands and buildings, horses, motor equipment, and other commodities, equipment, and services deemed essential by it for the needs of the division or its employees in carrying out their duties.

The department may sell any property which becomes unnecessary or unfit for further use. All moneys received therefor shall be paid into the state treasury and credited to the general fund.
La. Rev. Stat. § 40:701.3 — LA Code / Code revised-statutes / Title 40 / Section 701.3
Labeling
Status: in_force

Notwithstanding the issuance of any permit, every machine as defined in this Subpart shall have a label which shall be displayed prominently on the machine indicating the source of the water dispensed, the methods used to treat the water to reduce or eliminate impurities, and the chemical names and concentrations of any preservatives or additives.

Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2116 — LA Code / Code revised-statutes / Title 40 / Section 2116
Facility need review
Status: in_force

A. The Louisiana Department of Health shall implement a facility need review process in accordance with the provisions of this Section. The department may institute facility need review on licensing or certification to participate in the Title XIX program. Except as provided in R.S. 40:2116.1, no healthcare provider shall be subject to facility need review unless authorized by the legislature in Subsection B of this Section.

B. The following healthcare providers shall be subject to facility need review to determine the need for a new or additional facility, provider, program, service, or bed:

(1) Home- and community-based service providers. However, certain services or modules of a home- and community-based service provider may be excluded from the facility need review process at the discretion of the secretary of the Louisiana Department of Health.

(2) Hospice providers or inpatient hospice facilities.

(3) Pediatric day health care facilities.

(4) Behavioral health services providers that provide psychosocial rehabilitation or community psychiatric support and treatment services.

(5) Opioid treatment programs licensed under a behavioral health services provider license.

(6) Intermediate care facilities for people with developmental disabilities.

(7) Residential substance abuse treatment providers, except those that provide services to women and adolescents.

C.(1) The secretary of the Louisiana Department of Health shall appoint a facility need review committee, "FNR committee", that shall consist of the following members:

(a) The secretary of the Louisiana Department of Health or his designee.

(b) The assistant secretary of the office of behavioral health of the Louisiana Department of Health or his designee.

(c) The assistant secretary of the office for citizens with developmental disabilities of the Louisiana Department of Health or his designee.

(d) The assistant secretary of the office of aging and adult services of the Louisiana Department of Health or his designee.

(e) The assistant secretary of the office of public health of the Louisiana Department of Health or his designee.

(f) The Medicaid director of the Louisiana Department of Health or his designee.

(g) The Medicaid medical director of the Louisiana Department of Health or his designee.

(2) In addition to the members set forth in Paragraph (1) of this Subsection, the secretary may appoint additional members to the FNR committee when necessary in reviewing applications of opioid treatment programs.

(3) No FNR committee member shall have a proprietary or financial interest in any facility subject to facility need review.

(4) The FNR committee shall issue a decision on a facility need review application within ninety days from receipt of the application or within the deadlines established in a request for proposals or request for applications.

(5)(a) An applicant for facility need review shall provide all written application materials and documentation as may be required by rule. The applicant may include any additional written documentation or written evidence that supports the application for facility need review.

(b) Unless otherwise stated in a specific request for proposals or request for applications, the initial review and decision by the FNR committee shall consider all written materials and documentation submitted by the applicant and shall be conducted as a paper review.

(c)(i) Unless otherwise stated in a specific request for proposals or request for applications, if the initial decision is to reject or deny the facility need review application, then the applicant may request to supplement the application.

(ii) Upon receipt of additional documentation and evidence from the applicant, the FNR committee shall conduct a supplemental application review and shall provide the applicant an opportunity to meet with the FNR committee or its designees as part of the review. The meeting may be conducted in person or, at the discretion of the Louisiana Department of Health, through virtual means, including by telephone or virtual technology that facilitates synchronous interaction.

(iii) After a meeting conducted pursuant to Item (ii) of this Subparagraph, the applicant may submit additional documentation and evidence for consideration during the supplemental application review.

(iv) The decision on the supplemental application review shall be made by the FNR committee.

(d) If the facility need review application is rejected or denied after the supplemental application review, the applicant may request an administrative appeal of the FNR committee's decision with the division of administrative law in accordance with the Administrative Procedure Act. The applicant is not required to request a supplemental review and may elect to proceed directly to an administrative appeal.

(6) If the FNR committee approves the facility need review application, then the applicant may proceed with seeking licensure or certification to participate in the Title XIX program as applicable.

D. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section. The rules and regulations shall include but not be limited to the following:

(1) Criteria for review of healthcare provider applications for facility need review, including provisions for review pursuant to requests for proposals or requests for applications.

(2) Criteria for review to determine if there is a need for a new or additional facility, provider, program, service, or bed.

(3) Specific duties of the department and the FNR committee relative to review of applications.

(4) Appropriate methodology for the collection of data necessary for the administration of the program.

(5) Procedures for the FNR committee to approve, reject, or deny applications.

(6) Establishment of application fees.

(7) Procedures for a supplemental review of applications by the FNR committee.

(8) Procedures to request a fair hearing from a determination made by the FNR committee.

(9) Provisions for judicial review from the decision rendered after an administrative appeal.

(10) Establishment of services and modules of a home- and community-based service provider that will be subject to the facility need review process.

(11) Provisions and procedures for the revocation, suspension, and expiration of facility need review approvals.

E. No healthcare provider as provided for in Subsection B of this Section shall be certified to participate in the Title XIX program without first obtaining facility need review approval and complying with any and all licensing regulations promulgated by the department. Any person establishing, managing, or operating a new facility, service, or bed without the approval required by this Section shall be prohibited from participating in the Title XIX program.

Acts 1990, No. 300, §1, eff. July 6, 1990; Acts 1995, No. 1236, §1, eff. July 1, 1996; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 1997, No. 1429, §1; Acts 1999, No. 336, §1; Acts 2000, 1st Ex. Sess., No. 5, §1, eff. April 12, 2000; Acts 2001, No. 336, §1, eff. June 7, 2001; Acts 2003, No. 900, §1; Acts 2003, No. 1191, §2, eff. July 3, 2003; Acts 2004, No. 184, §1; Acts 2005, No. 341, §1; Acts 2005, 1st Ex. Sess., No. 7, §1, eff. Nov. 23, 2005; Acts 2006, No. 163, §2; Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2006, No. 847, §1; Acts 2007, No. 165, §1, eff. June 27, 2007; Acts 2007, No. 253, §1, eff. July 6, 2007; Acts 2007, No. 378, §1, eff. July 10, 2007; S.C.R. No. 16, 2008 R.S.; Acts 2008, No. 187, §§1, 2, eff. June 13, 2008; Acts 2008, No. 341, §1, eff. June 21, 2008; Acts 2008, No. 393, §1, eff. June 21, 2008; Acts 2008, No. 412, §1, eff. June 21, 2008; Acts 2008, No. 795, §1; Acts 2009, No. 381, §2, eff. July 1, 2010; Acts 2010, No. 278, §1, eff. June 17, 2010; Acts 2011, No. 179, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2015, No. 139, §1, eff. June 19, 2015; Acts 2018, No. 206, §4; Acts 2021, No. 218, §1; Acts 2022, No. 531, §1; Acts 2024, No. 692, §1.
La. Rev. Stat. § 40:46.8 — LA Code / Code revised-statutes / Title 40 / Section 46.8
Change of paternal filiation; judgment of paternity
Status: in_force

A. Following a final and definitive judgment of paternal filiation, rendered pursuant to Civil Code Article 197 or 198, the effect of which is to establish paternal filiation between a man and a child whose birth certificate did not identify the father of the child, the state registrar, upon receipt of a certified copy of that judgment, shall amend the birth certificate as follows:

(1) Strikethroughs: If the mother of the child and the adjudged father have agreed that the surname of the child should be changed and, in addition, have agreed that the new surname should be either the maiden name or surname of the mother, the surname of the adjudged father, or a combination of his surname and her maiden name or surname, strike through the surname of the child.

(2) Additions:

(a) If the mother of the child and the adjudged father have agreed that the surname of the child should be changed and, in addition, have agreed that the new surname should be either the maiden name or surname of the mother, the surname of the adjudged father, or a combination of his surname and her maiden name or surname, enter the surname upon which they have agreed.

(b) For the name of the father and his age, race, ethnicity, residence, birthplace, and social security number, enter those of the adjudged father.

B. Following a final and definitive judgment of paternal filiation, rendered pursuant to Civil Code Article 197 or 198, the effect of which is to establish paternal filiation between a child and a man other than the man identified in the birth certificate as the father of the child, the state registrar, upon receipt of a certified copy of the judgment, shall amend the birth certificate as follows:

(1) Strikethroughs: If the mother of the child and the adjudged father have agreed that the surname of the child should be changed and, in addition, have agreed that the new surname should be either the maiden name or surname of the mother, the surname of the adjudged father, or a combination of his surname and her maiden name or surname, and if the man whom the birth certificate identified as the father of the child does not object, strike through the surname of the child.

(2) Additions:

(a) If the mother of the child and the adjudged father have agreed that the surname of the child should be changed and, in addition, have agreed that the new surname should be either the maiden name or surname of the mother, the surname of the adjudged father, or a combination of his surname and her maiden name or surname, and if the man whom the birth certificate identified as the father of the child does not object, enter the surname upon which they have agreed.

(b) For the name of the father and his age, race, ethnicity, residence, birthplace, and social security number, enter above the existing entries those of the adjudged father.

(3) Upon the petition of the mother or the adjudged father of the child, a court may, for good cause shown, order that the surname of the child as it appears on the birth certificate be changed in conformity with this Section despite the objection of the man whom the birth certificate identified as the father of the child.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:686 — LA Code / Code revised-statutes / Title 40 / Section 686
Sale or transfer to licensee to cleanse or sterilize
Status: in_force

Nothing contained in this Part prohibits the sale or transfer for use of containers covered hereby which have not been so cleansed and sterilized to a purchaser or transferee who is duly licensed under the provisions of this Part to cleanse, sterilize, and free the containers from rust and contamination.
La. Rev. Stat. § 40:1352 — LA Code / Code revised-statutes / Title 40 / Section 1352
Expenses of members
Status: in_force

The members of the board shall receive no compensation but shall be paid their necessary and actual expenses incurred in connection with attendance at meetings of the board or on business for the board assigned by it.

Added by Acts 1968, No. 281, §1.
La. Rev. Stat. § 40:31.28 — LA Code / Code revised-statutes / Title 40 / Section 31.28
Discharge
Status: in_force

A. The director of the treatment facility, upon the recommendation of the state health officer or his designee, or the court may discharge the person. The director and the official making the recommendation shall not be legally responsible to any person for the subsequent acts or behavior of a person discharged in good faith and in accordance with the provisions of this Part.

B.(1) A person who is committed to a treatment facility for active tuberculosis may be conditionally discharged for a period of up to one year by the director, upon the recommendation of the state health officer or his designee, or by a court of competent jurisdiction after a hearing. The person may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the person. A copy of the conditional discharge shall be given to the person and explained to him before he is discharged.

(2) If the person is conditionally discharged by the director upon the recommendation of the state health officer or his designee, a copy of the conditional discharge shall be sent to the court which judicially committed him and to the person's counsel of record. If the person is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the director of the treatment facility to which the person has been committed, the state health officer or his designee, and the committed person's counsel of record.

(3) The director, upon the recommendation of the state health officer or his designee, or the court may extend the conditional discharge of a person for a period of up to two years and the person may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the extension of the conditional discharge shall be specifically set forth in writing and signed by the person. A copy of the extension of the conditional discharge shall be given to the person and explained to him.

(4) If a conditional discharge is extended by the director upon the recommendation of the state health officer or his designee, a copy of the extension shall be sent to the court which judicially committed the person and to the person's counsel of record. If the conditional discharge is extended by the court, a copy of the extension shall be sent to the director, to the state health officer or his designee, and to the person's counsel of record.

(5) If a person does not comply with the terms and conditions of his conditional discharge, he shall be subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for protective custody. A conditionally discharged person who is confined pursuant to any of these involuntary procedures shall have all rights of a person committed involuntarily, including the right to periodic reports and review and an annual hearing pursuant to the provisions of this Part.

Acts 1995, No. 373, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:1578.6 — LA Code / Code revised-statutes / Title 40 / Section 1578.6
National Fire Protection Association's Life Safety Code; Southern Standard Building Code; applicability to high rise structures; minimum standards; existing hazardous buildings; appeal
Status: in_force

A. Adequate protection for life safety shall be afforded in every structure or movable as those terms are defined in R.S. 40:1573. To afford such protection, all newly constructed structures and movables shall comply with the rules and regulations to be promulgated by the fire marshal in conformity with the Administrative Procedure Act which shall establish as minimum standards the provisions of the Life Safety Code of the National Fire Protection Association, and Section 518 - Special Provisions for High Rise, of Chapter IV of the Southern Standard Building Code, applicable to high rise structures as both are annually or periodically amended, and the fire marshal shall be the authority having jurisdiction to enforce compliance with such regulations. The effective date for enforcement shall be one hundred eighty days after adoption and promulgation under the Administrative Procedure Act.

B. A parish or municipality which, prior to January 1, 1975, had adopted and is enforcing a nationally recognized model building code and/or fire prevention code or a code equal to a nationally recognized building code and/or fire prevention code may continue to enforce such codes in place of the codes required in the paragraph above; however, such codes shall contain requirements that are substantially equal to the fire marshal's code with respect to high rise buildings, mandatory automatic sprinkler and extinguishment systems, and fire detection systems.

C. This Section shall not apply to existing buildings, except as provided for by R.S. 40:1641 et seq., which were lawfully constructed and maintained unless the fire marshal deems that a serious life hazard exists due to a particular condition, at which time he can require the institution of proper fire protection measures to alleviate the particular hazards noted according to the chapter on existing buildings of the latest edition of the N.F.P.A. Life Safety Code, as most recently adopted by administrative rule by the office of the state fire marshal, code enforcement and building safety. Such directives of the fire marshal may be appealed to the board of review. "Lawfully constructed and maintained" as used in this Subsection means in conformance with the laws, codes, rules, and regulations in force at the time of original construction.

NOTE: §1578.6 eff. July 1, 2026. See Acts 2024, No. 534.

§1578.6. Louisiana State Uniform Construction Code; applicability to structures; minimum standards; existing hazardous buildings; appeal

A. Adequate protection for life safety shall be afforded in every structure or movable as those terms are defined in R.S. 40:1573. To afford such protection, all newly constructed structures and movables shall comply with the rules and regulations to be promulgated by the Louisiana State Uniform Construction Code Council in conformity with the Administrative Procedure Act which shall establish as minimum standards the provisions of the Louisiana State Uniform Construction Code as applicable to structures, including high rise buildings, as both are periodically amended, and the fire marshal shall be the authority having jurisdiction to enforce compliance with the fire protection, egress, and accessibility provisions of such regulations.

B. In addition to the provisions of Subsection A of this Section, the facilities provided for in R.S. 40:1563(C)(4) shall comply with the provisions of the Life Safety Code of the National Fire Protection Association as promulgated by the fire marshal in conformity with the Administrative Procedure Act.

C. A parish or municipality which, prior to January 1, 1975, had adopted and is enforcing a nationally recognized model building code or fire prevention code or a code equal to a nationally recognized building code or fire prevention code may continue to enforce such codes in place of the codes required in the paragraph above; however, such codes shall contain requirements that are substantially equal to the fire marshal's code with respect to high rise buildings, mandatory automatic sprinkler and extinguishment systems, and fire detection systems.

D.(1) This Section shall not apply to existing buildings, except as provided for by R.S. 40:1641 et seq., which were lawfully constructed and maintained unless the fire marshal deems that a serious life hazard exists due to a particular condition, at which time the fire marshal can require the institution of proper fire protection measures to alleviate the particular hazards noted according to either of the following:

(a) The chapter on existing buildings of the 2015 edition of the N.F.P.A. Life Safety Code for facilities pursuant to R.S. 40:1563(C)(4) and structures that are permitted for construction prior to January 1, 2026.

(b) The International Code Council's International Existing Building Code as adopted by the Louisiana State Uniform Construction Code Council in accordance with R.S. 40:1730.28 for structures that are permitted for construction on or after January 1, 2026.

(2) Such directives of the fire marshal may be appealed to the board of review.

(3) "Lawfully constructed and maintained" as used in this Subsection means in conformance with the laws, codes, rules, and regulations in force at the time of original construction.

Added by Acts 1974, No. 656, §1, eff. Jan. 1, 1975. Amended by Acts 1979, No. 495, §2, eff. July 13, 1979; Acts 1985, No. 987, §1; Acts 1988, No. 422, §1; Acts 1995, No. 353, §1; Acts 1997, No. 343, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.
La. Rev. Stat. § 40:2109.2 — LA Code / Code revised-statutes / Title 40 / Section 2109.2
Hospitals; passenger elevators equipped with telephone or intercom
Status: in_force

Commencing January 1, 1981, each hospital in this state which is licensed by the Louisiana Department of Health and which maintains and operates one or more passenger elevators in such hospital shall equip each passenger elevator with a telephone or an intercom system. The Louisiana Department of Health may adopt necessary rules, regulations, and minimum standards for the purposes of this Section. The license of any such hospital may be suspended upon failure of the hospital to comply with the provisions of this Section.

Added by Acts 1980, No. 378, §1.
La. Rev. Stat. § 40:2411 — LA Code / Code revised-statutes / Title 40 / Section 2411
Peace Officer and Public Safety Personnel Peer Support and Mental Health and Wellness Act
Status: in_force

A. Legislative intent and statement of public policy. (1) Peace officers and public safety personnel are often exposed to traumatic, hazardous, violent, and life-threatening situations throughout their careers. The very nature of the work they perform can also cause stress in their personal life and familial relationships. These factors cumulatively can take a toll on both the mental and physical well-being of our peace officers and public safety personnel, which in turn can affect their job performance. Peace officers and public safety personnel are no less susceptible than any other citizens of Louisiana to mental health issues, including depression, alcoholism, and drug addiction.

(2) Peer support encompasses a range of activities and interactions between individuals with common life experiences. This mutuality fosters personal connection and inspires hope. Peer support has been used for decades by law enforcement agencies following critical incidents. Congress has recognized the importance of peer support programs for law enforcement officers through the Law Enforcement Mental Health and Wellness Act of 2017. Peer support and early intervention are important for successful detection and treatment of mental health issues, a reduction of poor job performance and misconduct, an increase in retention of trained peace officers, and a reduction of the suicide rate in the law enforcement and public safety professions.

(3) Peace officers and public safety personnel who protect and serve the public are often reluctant to seek help for themselves. It is important that those in positions to offer assistance have a full understanding of the job of peace officers and those personnel who support their mission. In an effort to manage stress and support the overall wellness and mental health of peace officers and public safety personnel, and for the benefit and safety of the general public they serve, peace officers and public safety personnel are hereby encouraged to seek assistance from their peers and to feel confident that their participation in a peer support program shall be privileged and confidential in all respects and shall not be divulged to the public.

(4) It is hereby declared to be the public policy of the state of Louisiana to promote and encourage the use of trained peers for support among peace officers and public safety personnel. The intent of this Section is to further this goal by providing for a privilege, confidentiality of information, and tort immunity for governmental entities, their agents, employees, and persons who, on their behalf, furnish information and participate as volunteers in peer support programs for peace officers and public safety personnel.

B. Except for participation in a peer support session following a critical incident as may be required by a governmental entity, no peace officer or public safety personnel shall be mandated to participate in a peer support session or program.

C. Definitions. For purposes of this Section:

(1) "Governmental entity" means any board, authority, commission, department, office, division, or agency of the state or any of its political subdivisions.

(2) "Peace officer" means any of the following:

(a) An employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and who is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but does not include any elected or appointed head of a law enforcement department.

(b) A sheriff's deputy whose duties include the care, custody, and control of inmates.

(c) A military police officer within the Military Department, state of Louisiana.

(d) Security personnel employed by the Louisiana Supreme Court.

(e) Security personnel employed by a court of appeal of the state of Louisiana.

(3) "Peer support member" means a person, whether a peace officer or not, specifically trained and certified in peer support training, as defined in this Subsection, to voluntarily provide confidential emotional and moral support and assistance to peace officers and public safety personnel, and approved as a peer support member by the executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. A peer support member may be, but is not required to be, a licensed counselor or mental health professional.

(4) "Peer support program" means a program established by a governmental entity to provide peer support services to peace officers and public safety personnel.

(5) "Peer support session" means any communication by a peace officer or public safety personnel with a peer support member, accomplished primarily through listening, assessing, and assisting with problem-solving, and may include referring a peace officer or public safety personnel for professional intervention or treatment that is beyond the scope of the peer support member. A peer support session also includes a group session following a critical incident experienced by a group of peace officers or public safety personnel.

(6) "Peer support training" means training in peer support and critical incident stress conducted by the Southern Law Enforcement Foundation, the International Critical Incident Stress Foundation, Inc., the International Association of Fire Fighters, or an equivalent program as approved by the executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.

(7) "Public safety personnel" means a firefighter or an employee of a governmental entity who, by virtue of his job duties, provides support to peace officers, including but not limited to a dispatcher, public safety telecommunicator as defined in R.S. 40:1131, crime scene and crime laboratory technician, and criminal analyst.

D. Peer support member training. (1) Any governmental entity that establishes a peer support program shall ensure that a peer support member successfully completes the training required by this Section before being designated as a peer support member to provide emotional and moral support to peace officers and public safety personnel.

(2) The provisions of this Section apply only to peer support sessions conducted by an employee or agent of a governmental entity who has:

(a) Successfully completed peer support training.

(b) At the time of the peer support session, been designated by a governmental entity to act as a peer support member.

E. Privilege and confidentiality. (1) Any and all information, reports, records, or communications, whether oral, written, or electronic, that are made, generated, received, or maintained by or in connection with a peer support program or session, are considered privileged and confidential and shall not be considered public records for the purposes of the Public Records Law, R.S. 44:1 et seq.

(2)(a) Except as otherwise provided by this Chapter, no person, including a peer support member, shall disclose any information, reports, records, or communications described in Paragraph (1) of this Subsection to any other person without the prior written approval of the peace officer or public safety personnel who is the subject of the peer support session or if the peace officer or public safety personnel is deceased, by his legal successor.

(b) This Paragraph shall not prohibit or limit any communication between peer support members, nor prohibit or limit peer support members from sharing among themselves any information, reports, records, or communications about a peace officer or public safety personnel, when done for the purpose of furthering the goals of the peer support program.

(c) This Paragraph shall not prohibit a governmental entity from compiling and maintaining statistics relating to a peer support program or sessions, provided that these statistics shall not contain information that could in any way identify a peace officer or public safety personnel participating in a peer support session or program.

(3) No person, including a peer support member, shall be required to disclose, by way of testimony or otherwise, information made privileged and confidential by this Subsection or to produce, under subpoena or a public records request, any records, documents, opinions, or decisions relating to privileged or confidential information:

(a) In connection with any administrative, civil, or criminal case, proceeding, or adjudication.

(b) By way of any discovery procedure.

(c) By way of any request for public records pursuant to R.S. 44:1 et seq.

(4) The privilege and confidentiality provided by this Subsection are supplementary to any other statute, rule, or jurisprudence creating or relating to an applicable privilege, confidentiality, or public records exemption.

(5)(a) Any peer support member or other person who reveals the contents of a communication made privileged or confidential by this Subsection, or any person who threatens, intimidates, or attempts to compel a peer support member to disclose the contents of a privileged or confidential communication, shall be subject to any discipline or penalties imposed by the governmental entity.

(b) In addition to the discipline or penalties provided by Subparagraph (a) of this Paragraph, whoever violates the provisions of this Subsection shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

(6) The privilege and confidentiality provided by this Subsection shall not apply to any of the following:

(a) A threat of suicide or homicide made by a peace officer or public safety personnel in a peer support session or any information conveyed in a peer support session relating to a threat of suicide or homicide.

(b) Information mandated by law to be reported, including but not limited to information relating to child abuse or neglect, elderly abuse or neglect, or domestic violence.

(c) Any communication that reveals the commission of a crime.

(d) Any communication that reveals the intended commission of a crime or harmful act, when disclosure of the communication is determined by the peer support member to be required in order to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to public safety.

(e) Any communication made to a peer support member not in connection with a peer support session, or in the course of an incident that the peer support member responded to, was a witness to, or was a party to, in a capacity other than a peer support member.

(7) Nothing in this Subsection shall limit the discovery or introduction in evidence of knowledge acquired by a peace officer or public safety personnel from observations made by him during the course of his employment, or material or information acquired by him during the course of his employment, that was not discovered during a peer support session and is otherwise subject to discovery or introduction in evidence.

F. Civil immunity. (1) Any governmental entity that has a peer support program, and its employees and agents, including peer support members, shall be immune from civil liability for, or resulting from, any act, decision, omission, communication, writing, report, finding, opinion, or conclusion, done or made in good faith while engaged in efforts to assist a peace officer or public safety personnel through a peer support program.

(2) A person who in good faith reports information or takes action in connection with any peer support program is immune from civil liability for reporting the information or taking such action, or participating therein, and in particular, reporting information or taking action arising out of any peer support session. This immunity shall not protect a person who makes a report known to be false or with reckless disregard for the truth.

(3) The civil immunity provided by this Subsection shall be liberally construed to accomplish the purposes of this Section.

Acts 2021, No. 283, §1; Acts 2023, No. 23, §2.
La. Rev. Stat. § 40:2831 — LA Code / Code revised-statutes / Title 40 / Section 2831
Definitions
Status: in_force

As used in this Chapter, the following terms have the following meanings:

(1) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

(a) Tattooing or the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin.

(b) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration; but does not for the purposes of this Chapter include piercing an ear in either of the following manners:

(i) With a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, if the person complies with all manufacturer instructions for any apparatus used to pierce the ear and all applicable health and safety standards.

(ii) By a cosmetologist, esthetician, qualified healthcare professional, or employee of a qualified healthcare professional if both of the following are true:

(aa) The person utilizes piercing needles that are single-use, hollow, and made of stainless steel.

(bb) The person complies with all manufacturer instructions for any apparatus used to pierce the ear and all applicable health and safety standards.

(c) The application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.

(2) "Consumer" means any individual who is provided access to a commercial body art facility which is required to be registered pursuant to the provisions of this Chapter.

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

(4) "Manager" means any individual designated by the owner to manage the daily business of a commercial body art facility.

(5) "Operator" means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration.

(6) "Owner" means any person who operates a commercial body art facility.

(7) "Registrant" means any person who is registered with the department as required by provisions of this Chapter.

(8) "State health officer" means the employee of the department who is the chief health care official of the state as provided for in R.S. 40:2.

Acts 1999, No. 393, §1; Acts 2022, No. 196, §2.
La. Rev. Stat. § 40:1643 — LA Code / Code revised-statutes / Title 40 / Section 1643
Fire protection sprinkler system required in existing high-rise buildings; exceptions
Status: in_force

A. All existing high-rise buildings as defined in this Subpart shall be protected throughout by an approved fire protection sprinkler system.

B. All existing high-rise buildings shall comply with the rules and regulations to be promulgated by the fire marshal in conformity with the Administrative Procedure Act, which shall establish as minimum standards the provisions of NFPA 13 as published by National Fire Protection Association, and the fire marshal shall be the authority having jurisdiction to enforce compliance with such regulations.

C.(1) Notwithstanding any provision to the contrary, all existing high-rise buildings as defined in this Subpart shall be protected throughout by an approved fire protection sprinkler system by January 1, 1999. However, if the state fire marshal determines that an extension can be granted without creating an undue risk to human safety, the fire marshal may grant a one-year extension to those building owners who have made a good faith effort to comply with the fire protection sprinkler system requirement.

(2) The fire marshal may grant one-year extensions of time to complete the installation of a fire protection sprinkler system to those existing high-rise buildings that were not in compliance with the fire protection sprinkler system requirement on January 1, 1999, but which have a written plan to install such a system that has been approved by the fire marshal including but not limited to shop drawings, contracts, or architectural engineering design documents, provided that the building has sufficient and adequate fire protection systems to assure that undue risk to human life and safety is not created by occupancy above the seventy-five foot level.

(3) The fire marshal may grant a reasonable extension of time for compliance with the fire protection sprinkler system requirement upon a showing of each of the following:

(a) A statement of certification that such building shall be demolished or substantially remodeled within five years after July 14, 1999.

(b) Sufficient and adequate fire protection systems to assure that undue risk to human life and safety is not created by occupancy above the seventy-five foot level.

(4) Any state-owned building utilized as a state hospital or parish prison shall have until January 1, 2005, to complete installation of the required fire sprinkler system, provided the building has sufficient and adequate fire protection systems such that human occupancy above the seventy-five foot level does not create an undue risk to human life and safety.

(5) For the purposes of this Subpart, the following shall be sufficient and adequate fire protection systems such that undue risk to human life and safety are not created:

(a) Twice the number of fire extinguishers as requested by the NFPA 10.

(b) A fire watch in accordance with the NFPA 601.

(c) A method of occupant notification of emergency conditions.

(d) Persons designated as fire wardens who have access to two-way communication systems, who are trained to use portable fire extinguishing equipment, and who know the emergency evacuation rules and procedures.

(e) Compliance with the means of egress, protection of vertical openings, emergency lighting, and alarm and detection requirements specified by the 1967 edition of the NFPA 101 Life Safety Code.

D. The owners of existing high-rise buildings which are not, as of September 1, 1988, protected throughout by an approved fire protection sprinkler system shall submit a written master plan to the state fire marshal on or before January 1, 1991, detailing with specificity a schedule for compliance with this Subpart.

E. Notwithstanding any other provision of law to the contrary, the state fire marshal may authorize alternative approaches for existing high-rise telephone equipment buildings occupied solely by telecommunications service providers which were not, as of September 1, 1988, protected throughout by an approved fire protection sprinkler system but which will provide an equivalent level of safety as provided by an approved automatic sprinkler system. Such alternative approaches shall be implemented on or before January 1, 1999. To obtain such approval, the telecommunications service provider shall submit a written master plan or a completed fire safety evaluation form, as published by the National Fire Protection Association, to the state fire marshal on or before January 1, 1993. Upon receipt, such master plan or fire safety evaluation shall be evaluated by the state fire marshal to ensure that the building complies with either:

(1) The 1967 edition of the NFPA 101 (Life Safety Code). Such plan or evaluation shall also indicate that an equivalent level of safety is achieved by the proposed alternative.

(2) The compartmentation exception of Section 506 of the 1988 Standard Building Code. Such compliance shall be documented by a certificate signed by a licensed architect or civil engineer.

Acts 1988, No. 422, §2; H.C.R. No. 23, 1990 R.S.; Acts 1992, No. 28, §1; Acts 1998, 1st Ex. Sess., No. 92, §1; Acts 1999, No. 306, §1, eff. June 14, 1999.
La. Rev. Stat. § 40:547 — LA Code / Code revised-statutes / Title 40 / Section 547
Validating provisions
Status: in_force

A. The creation and establishment of housing authorities pursuant to, or purporting to be pursuant to, this Chapter, together with all proceedings, acts and things undertaken, performed, or done with reference thereto, are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any want of statutory authority or defect or irregularity in such acts or proceedings. Said housing authorities are hereby constituted and declared to be bodies corporate and politic with all the powers, rights, and duties set forth in this Chapter and any amendments thereto.

B. All contracts, agreements, obligations, and undertakings of housing authorities heretofore entered into relating to financing or aiding in the development, construction, maintenance, or operation of any housing or redevelopment development or developments or to obtaining aid therefor from the federal government, including, without limiting the generality of the foregoing, loan and annual contributions contracts and leases with the federal government, agreements with municipalities or other public bodies, including agreements which are pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by housing authorities or which are otherwise made a part of the contracts with such holders of notes or bonds, relating to cooperation, contributions, grants, payments, if any, in lieu of taxes, furnishing of municipal services and facilities, and the elimination of unsafe and insanitary dwellings, and contracts for the construction of housing developments, together with all proceedings, acts and things heretofore undertaken, performed, or done with reference thereto, are hereby validated, ratified, confirmed, approved, and declared legal in all respect, notwithstanding any defect or irregularity therein or any want of statutory authority.

C. All proceedings, acts, and things heretofore undertaken, performed, or done in or for the authorization, issuance, sale, execution, and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the undertaking of a housing or redevelopment development or developments and all notes and bonds heretofore issued by housing authorities are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2114 — LA Code / Code revised-statutes / Title 40 / Section 2114
Organization of medical and dental staff
Status: in_force

A. Each hospital shall have a single, organized medical and dental staff. Medical and dental staff membership shall include doctors of medicine or osteopathy who are currently licensed to practice medicine or osteopathy by the Louisiana State Board of Medical Examiners and dentists licensed to practice dentistry by the Louisiana State Board of Dentistry.

B. Each hospital offering care or services within the scope of the practice of psychology, as defined in R.S. 37:2352(5), shall establish rules, regulations, and procedures for consideration of an application for medical staff membership and clinical privileges submitted by a psychologist licensed to practice psychology by the Louisiana State Board of Examiners of Psychologists or a medical psychologist licensed to practice medical psychology by the Louisiana State Board of Medical Examiners. No hospital shall deny such medical staff membership and clinical privileges solely because the applicant is licensed under R.S. 37:2351 et seq., or R.S. 37:1360.51 et seq.

C. No individual shall be automatically entitled to membership on the medical and dental staff or to the exercise of any clinical privilege solely on the basis of his license to practice in any state, his membership in any professional organization, his certification by any clinical examining board, or his clinical privileges or staff membership at another hospital without meeting the reasonable criteria for membership established by the governing body of the respective hospital.

D. The provisions of this Section shall in no way affect the provisions of R.S. 37:1301.

E. A hospital shall establish rules, regulations, and procedures setting forth the nature, extent, and type of staff membership and clinical privileges, as well as the limitations placed by the hospital on said staff membership and clinical privileges for all health care providers practicing therein.

Acts 1986, No. 1043, §1; Acts 1992, No. 321, §1; Acts 2009, No. 251, §9, eff. Jan. 1, 2010; Acts 2021, No. 238, §2.
La. Rev. Stat. § 40:1269.3 — LA Code / Code revised-statutes / Title 40 / Section 1269.3
Authority to enact regulations for control of rabies
Status: in_force

The Louisiana Department of Health shall enact in the state sanitary code all necessary provisions concerning the requirements for the control of rabies in animals, including the authority of parishes and municipalities to enact local ordinances, the report of incidence of the disease and the enactment of enforcement provisions.

Added by Acts 1954, No. 663, §1. Amended by Acts 1974, No. 601, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1277 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:985 — LA Code / Code revised-statutes / Title 40 / Section 985
Search warrants
Status: in_force

A search warrant relating to offenses involving controlled dangerous substances may be authorized to be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant.

Added by Acts 1972, No. 634, §1.
La. Rev. Stat. § 40:1167.4 — LA Code / Code revised-statutes / Title 40 / Section 1167.4
Establishment of the Electronic Health Records Loan Program
Status: in_force

A. The "Electronic Health Records Loan Program" is hereby created within the department.

B.(1) The secretary is hereby authorized to establish the Electronic Health Records Loan Program utilizing such sums that are made available through any one or more of the following:

(a) Annual appropriation.

(b) A public/private partnership involving financial institutions.

(c) Any other method authorized by law.

(2) Such funding shall be utilized by the state to satisfy the federal match requirements of the loan program provisions of ARRA.

(3) All loan program funds shall be administered by the department pursuant to the provisions of this Subpart.

C. To the extent permitted by law, the debt service associated with loans made to eligible providers shall be serviced from funds received by such providers as enhanced reimbursements under ARRA.

D. The department shall assist the state in the preparation of a competitive grant application and any other required submissions to secure funding made available under the ARRA loan program provisions.

E. The secretary is authorized to enter into CEAs to facilitate with any entity access to the ARRA loan program funding and to make loans to eligible providers to provide for the acquisition and implementation of certified EHR technology by eligible providers, and where integrated, telehealth technology.

F. To provide for the expansion and administration of LARHIX and other related matters, the secretary shall enter into a CEA with the Coalition, the terms of which shall govern the program's loans made available to rural hospitals, and with the secretary's approval, to other rural health care providers who have elected to partner with rural hospitals in the acquisition of certified EHR technology. For purposes of this Subsection and to the extent permitted by the ARRA, certified EHR technology will include telehealth technology which such technology is fully integrated with the certified EHR technology acquired by the hospital.

G. The secretary may consult with the Louisiana Healthcare Quality Forum in administering this program.

Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.4 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
La. Rev. Stat. § 40:1193.11 — LA Code / Code revised-statutes / Title 40 / Section 1193.11
Administrative rulemaking
Status: in_force

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

Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1683 — LA Code / Code revised-statutes / Title 40 / Section 1683
Penalty
Status: in_force

Any contractor, sub-contractor, foreman, or other person having charge of the erection, construction, repairing, alteration, removal, or painting of any structure who violates any provision of this Part shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned for not less than three months nor more than two years, or both.
La. Rev. Stat. § 40:1596.1 — LA Code / Code revised-statutes / Title 40 / Section 1596.1
Purpose
Status: in_force

The purpose of this Subpart is to regulate the retention and storage of records of the office of state fire protection of the Department of Public Safety, formerly known as the State Fire Marshal, by establishing specific time limits during which said records shall be retained and after which such records may be destroyed.

Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
La. Rev. Stat. § 40:1155.6 — LA Code / Code revised-statutes / Title 40 / Section 1155.6
General application
Status: in_force

A. Nothing in this Subpart shall be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

B.(1) The withholding or withdrawal of life-sustaining procedures from a patient who has duly executed a LaPOST form in accordance with the provisions of this Subpart shall not, for any purpose, constitute a suicide.

(2) The execution of a LaPOST form pursuant to this Subpart shall not affect the sale, procurement, or issuance of any life insurance policy, nor shall it be deemed to modify the terms of an existing policy.

(3) No policy shall be legally impaired or invalidated by the withholding or withdrawal of life-sustaining procedures from an insured who has duly executed a LaPOST form, notwithstanding any term of the policy to the contrary.

(4) A person shall not be required to execute a LaPOST form as a condition for being insured or for receiving health care services.

(5) The removal of life support systems or the failure to administer cardio-pulmonary resuscitation under this Subpart shall not be deemed the cause of death for purposes of insurance coverage or the denial of insurance coverage.

C. The provisions of this Subpart are cumulative with existing law pertaining to an individual's right to consent or refuse to consent to medical or surgical treatment.

D. It is the policy of the state of Louisiana that human life is of the highest and inestimable value through natural death. When interpreting this Subpart, any ambiguity shall be interpreted to preserve human life, including the life of an unborn child if the qualified patient is pregnant and an obstetrician who examines the woman determines that the probable postfertilization age of the unborn child is twenty or more weeks and the pregnant woman's life can reasonably be maintained in such a way as to permit the continuing development and live birth of the unborn child, and such determination is communicated to the relevant classes of family members and persons designated in R.S. 40:1151.4.

Acts 2010, No. 954, §1; Acts 2014, No. 850, §1, eff. June 23, 2014; Redesignated from R.S. 40:1299.64.6 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1247.1 — LA Code / Code revised-statutes / Title 40 / Section 1247.1
Funding identification
Status: in_force

All parish and municipal entities are hereby authorized to identify funds received from any source other than the state and to consult with the Louisiana Department of Health in an effort to maximize revenues for both the Louisiana Department of Health and the parish and municipal entities. Collaboration between the Louisiana Department of Health and the parish and municipal entities may allow such entities to receive additional funding from public and private sources. The provisions of this Subpart shall not be construed to require any parish or municipal entity to enter into an agreement with the Louisiana Department of Health.

Acts 2012, No. 360, §1, eff. May 31, 2012; Redesignated from R.S. 40:1300.351 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:31.24 — LA Code / Code revised-statutes / Title 40 / Section 31.24
Ex parte judicial order for custody; grounds; civil liability
Status: in_force

A.(1) When the state health officer or his designee executes an affidavit specifying that, to the best of his knowledge and belief, a person is suffering from active tuberculosis, is in need of immediate treatment, and is a public health risk, any judge of a court of competent jurisdiction may order a person to be taken into protective custody and transported to a treatment facility for active tuberculosis for immediate treatment.

(2) The affidavit shall include but need not be limited to the following information, as may apply:

(a) Facts leading to the conclusion that the person is suffering from active tuberculosis and is a public health risk.

(b) Facts showing that the person has been encouraged to seek treatment and is unwilling to seek such treatment or to comply with quarantined directly observed therapy, or both.

(c) Facts showing that an inpatient facility for the treatment of active tuberculosis has verified the availability of space in the facility for placement.

B. The order for protective custody shall be in writing, in the name of the state of Louisiana, signed by a judge of a court of competent jurisdiction, and effective for seventy-two hours from its execution. The order shall include but need not be limited to the following information, as may apply:

(1) The date and hour of issuance and the parish where issued.

(2) The name of the person to be taken into custody or, if his name is not known, a designation of the person by any name or description by which he can be identified with reasonable certainty.

(3) A description of the facts leading to a belief that the person is suffering from active tuberculosis, is in need of immediate care and treatment in an inpatient facility for the treatment of active tuberculosis, and is a public health risk.

(4) A statement that the person shall be transported in accordance with the requirements of this Section by the sheriff or other law enforcement officer under the court's jurisdiction to an inpatient treatment facility for active tuberculosis.

C. The date and hour that the person is taken into protective custody shall be written on the order. Without delay and no more than twelve hours after being taken into protective custody, the person shall be delivered to the director of a treatment facility for active tuberculosis by the individual who has transported the person. Upon arrival, the person may be admitted voluntarily or involuntarily.

D. An official acting in good faith to order a person to be taken into protective custody and transported for examination and treatment in accordance with this Part shall not be civilly liable for damages to such person resulting from the official's action.

Acts 1995, No. 373, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:4.12 — LA Code / Code revised-statutes / Title 40 / Section 4.12
Water distribution in certain facilities
Status: in_force

A. Notwithstanding any provisions of the state Sanitary Code or any other law or regulation to the contrary, color coding of piping and outlets conveying potable and nonpotable water, including by painting such piping and outlets yellow or blue, shall not be required within a facility that is engaged in activities defined or classified under one or more of the following subsectors, industry groups, or industries of the 1997 North American Industry Classification System (NAICS), provided that such facility has a potable water distribution identification plan that satisfies the requirements set forth in Subsection B of this Section:

(1) 22111 electric power generation.

(2) 3221 pulp, paper, and paperboard mills.

(3) 324 petroleum and coal products manufacturing.

(4) 325 chemical manufacturing.

(5) 326 plastics and rubber products manufacturing.

(6) 331 primary metal manufacturing.

(7) 211 oil and gas extraction.

(8) 486 pipeline transportation.

(9) 213111 drilling oil and gas wells.

(10) 213112 support activities for oil and gas operations.

B.(1) A qualifying potable water distribution identification plan must contain the following information:

(a) The name and address of the facility.

(b) The position of the facility employee responsible for implementation of the plan.

(c) A written procedure, which may be provided by reference to existing facility procedures, that is applicable and in effect at the facility, and:

(i) Preserves potable water by preventing cross-connection and other possibilities for contamination from modification and replacement of piping or equipment at the facility by any person.

(ii) Identifies on-site piping and outlets conveying potable water.

(iii) Requires a formal cross connection control survey of the facility to be performed by a qualified individual at least once every five years beginning no later than July 1, 2006.

(2) The plan must be maintained and fully implemented by the facility.

(3) The procedures in the plan must be communicated, in writing or transmitted electronically, to all employees of the facility and to all contractors or subcontractors working at the facility.

C. If a facility identified in Subsection A of this Section has a potable water distribution identification plan that satisfies the requirements set forth in Subsection B of this Section, valves, branch fittings, and branch terminals in nonpotable water service at such facility need not be identified by the words "nonpotable water" or any similar language or labeling system.

D. Facilities identified in Subsection A of this Section shall not be deemed in violation, past or present, of any law or regulation concerning color coding or labeling of piping, valves, branch fittings, branch terminals, and outlets conveying potable or nonpotable water until the plan is fully implemented. The plan shall be fully implemented by July 1, 2006, unless a later date is agreed upon by the facility and the state health officer or his designee. The plan shall be maintained at the facility and made available for inspection upon request by the state health officer or his designee.

Acts 2004, No. 791, §1, eff. July 8, 2004.
La. Rev. Stat. § 40:46.11 — LA Code / Code revised-statutes / Title 40 / Section 46.11
Review by district attorney
Status: in_force

At the time at which the child requests the amendment of the existing birth certificate under R.S. 40:46 et seq., the state registrar shall require an affidavit to be obtained from the district attorney of the parish in which the child resides or is domiciled stating any objection to the name change. If the district attorney does not object, the state registrar shall prepare a new birth certificate for the major child. If there is an objection, the state registrar may not proceed to prepare a new birth certificate until the district attorney's objection has been resolved.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1217.15 — LA Code / Code revised-statutes / Title 40 / Section 1217.15
Rules and regulations
Status: in_force

The medical center shall adopt and promulgate such rules and regulations as are necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.95 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2120.32 — LA Code / Code revised-statutes / Title 40 / Section 2120.32
Legislative intent; declaration of purpose and policy
Status: in_force

A. It is the intent of the legislature to protect the health, safety, and well-being of the citizens of the state who suffer from brain injuries and are receiving care in an adult brain injury facility. In instances in which a brain injury occurs, the functions of the neurons, nerve tracts, or sections of the brain can be affected. If the neurons and nerve tracts are affected, they can be unable to or have difficulty carrying the messages that tell the brain what to do thereby changing the way a person thinks, acts, feels, and moves their body. Brain injury can also temporarily or permanently change the complex internal functions of the body, such as regulating body temperature, bladder control, or blood pressure. Brain injury often causes major stresses in peer and family relationships as well as educational and employment settings, and may result in mild, moderate, or severe impairments in cognition, physical functioning, and psychosocial behavior. Unique care is necessary to rehabilitate and provide for the needs of these individuals in order for them to achieve their fullest capacity. Toward that end, it is the purpose of this Part to provide for uniform statewide minimum standards for the safety and well-being of those suffering from brain injury in such facilities, to ensure the maintenance of these standards, and to regulate conditions in these facilities through a program of licensing.

B. It shall be the policy of the state to ensure protection of all individuals receiving care in adult brain injury facilities and to encourage and assist in the improvements of programs. It is the further intent of the legislature that the freedom of religion of all citizens shall be inviolate. This Part shall not give the Louisiana Department of Health jurisdiction or authority to regulate, control, supervise, or in any way be involved in the form, manner, or content of any religious curriculum or instruction of a facility sponsored by a church or religious organization so long as the civil and human rights of the individuals are not violated.

Acts 2005, No. 245, §1, eff. June 29, 2005.
La. Rev. Stat. § 40:1628 — LA Code / Code revised-statutes / Title 40 / Section 1628
Test method and performance standard
Status: in_force

A. Except as provided in Subsection G of this Section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standards specified in this Section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with R.S. 40:1629, and the cigarettes have been marked in accordance with R.S. 40:1630.

(1) Testing of cigarettes shall be conducted in accordance with the American Society for Testing and Materials (ASTM) standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes".

(2) Testing shall be conducted on ten layers of filter paper.

(3) No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this Section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.

(4) The performance standard required by this Section shall only be applied to a complete test trial.

(5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the state fire marshal.

(6) Laboratories conducting testing in accordance with this Section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than nineteen-hundredths.

(7) This Section does not require additional testing if cigarettes are tested consistent with this Act for any other purpose.

(8) Testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this Section.

B. Each cigarette listed in a certification submitted pursuant to R.S. 40:1629 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standards set forth in this Section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for non-filtered cigarettes.

C. A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in this Section shall propose a test method and performance standards for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in this Section, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to R.S. 40:1629. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standards that are the same as those contained in this Act*, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standards for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's laws or regulations under a legal provision comparable to this Section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standards to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted under this Act*. All other applicable requirements of this Section shall apply to the manufacturer.

D.(1) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal or the attorney general upon written request.

(2) Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request shall be subject to a civil penalty not to exceed five thousand dollars for each day after the sixtieth day that the manufacturer does not make such copies available.

E. The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standards in this Section.

F. The state fire marshal shall review the effectiveness of this Section and report every three years to the legislature its findings and, if appropriate, recommendations for legislation to improve the effectiveness of this Act*. The report and legislative recommendations shall be submitted no later than June thirtieth following the conclusion of each three-year period.

G. The requirements of this Section shall not prohibit:

(1) A wholesale dealer or retail dealer from selling its existing inventory of cigarettes on or after August 31, 2009, if the wholesale dealer's inventory was purchased prior to August 31, 2009.

(2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this Subsection, the term "consumer testing" means an assessment of cigarettes that is conducted directly by, or under the direction and control of, a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.

H. This Section shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.

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

*Acts 2007, No. 409
La. Rev. Stat. § 40:1105.10 — LA Code / Code revised-statutes / Title 40 / Section 1105.10
Annual cancer report
Status: in_force

A. The office of the president shall annually publish a comprehensive report based on available information on the incidence of cancer in Louisiana and the progress made in reducing or eliminating the high cancer rates in Louisiana.

B. The office of the president shall cause the report to be submitted by March thirty-first of each year to the governor, the speaker of the House of Representatives, the president of the Senate, the House and Senate committees on health and welfare, and the governing body of each parish in the state of Louisiana.

C. Repealed by Acts 2022, No. 252, §3.

Added by Acts 1983, No. 711, §1. Amended by Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.89 by HCR 84 of 2015 R.S.; Acts 2017, No. 373, §1; Acts 2022, No. 252, §3.