La. Rev. Stat. § 40:46.3 — LA Code / Code revised-statutes / Title 40 / Section 46.3
Change of maternal filiation; child with identified mother
Status: in_force

A. Following a final and definitive judgment of maternal filiation, rendered pursuant to Civil Code Article 184, the effect of which is to recognize maternal filiation between a child and a woman other than the woman identified in the birth certificate as the mother of the child, the state registrar, upon receipt of a certified copy of that judgment, shall amend the birth certificate as follows:

(1) Strikethroughs:

(a) Strike through the surname of the child, the name of the mother of the child, and all other information pertaining to the mother, in particular, her date of birth, race, ethnicity, residence, birthplace, and social security number, the number of children born to her, and the number of children born to her living.

(b) If the name of the father of the child or other information pertaining to him, in particular, his age, race, ethnicity, residence, birthplace, and social security number, as it was previously entered on the birth certificate, was that of the man who, by virtue of his marriage to the woman previously identified in the birth certificate as the mother of the child, was presumed to be the father of the child under Civil Code Article 185 or 186, the state registrar shall strike through his name and his other information.

(2) Additions:

(a) For the surname of the child:

(i) If the adjudged mother was married to a man at the time of the birth of the child, but was not married to another man within three hundred days prior to the birth of the child, enter the surname of her husband.

(ii) If the adjudged mother, though unmarried at the time of the birth of the child, was married to a man within three hundred days prior to the birth of the child, enter the surname of her former husband.

(iii) If the adjudged mother was married to one man at the time of the birth of the child, but was married to another man within three hundred days prior to the birth of the child, enter the surname of the latter.

(iv) If the adjudged mother was married neither at nor within three hundred days prior to the birth of the child, enter her maiden name or surname, at her discretion.

(b) For the name of the mother of the child, her date of birth, race, ethnicity, residence, birthplace, and social security number, the number of children born to her, and the number of children born to her living, enter those of the adjudged mother.

(c) For the name of the father of the child, his age, race, ethnicity, residence, birthplace, and social security number:

(i) If the adjudged mother was married to a man at the time of the birth of the child, but was not married to another man within three hundred days prior to the birth of the child, enter those of her husband.

(ii) If the adjudged mother, though unmarried at the time of the birth of the child, was married to a man within three hundred days prior to the birth of the child, enter those of her former husband.

(iii) If the adjudged mother was married to one man at the time of the birth of the child, but was married to another man within three hundred days prior to the birth of the child, enter those of the latter.

B. In any case to which the provisions of Paragraph (A)(2) of this Section apply, if the man whose surname should be given to the child and the adjudged mother agree that the surname of the child should be either the maiden name or surname of the mother, the surname of the man, or a combination of his surname and her maiden name or surname, the state registrar shall enter the surname upon which they have agreed.

C. Upon the petition of the mother of the child, a court may, for good cause shown, order the state registrar to enter, as the surname of the child, the maiden name or surname of the mother or a combination of the surname of the man whose surname should otherwise be given to the child under Paragraph (A)(2) of this Section and the maiden name or surname of the mother, whichever she may choose, even if that man does not concur.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:599.14 — LA Code / Code revised-statutes / Title 40 / Section 599.14
Outstanding tax liens
Status: in_force

A.(1) After an unsuccessful attempt by the local government to collect an outstanding lien at tax sale and subject to the approval of governing body, or tax collector of the jurisdiction where the property is located, an authority may accept from a person with an interest in tax delinquent property, or tax sale property a deed or assignment conveying that person's interest in the property instead of:

(a) The foreclosure or sale of the property for delinquent taxes, penalties, and interest.

(b) Delinquent taxes imposed by a local taxing jurisdiction.

(2)(a) After an unsuccessful attempt by the local government to collect outstanding liens that are delinquent and at the discretion of the governing body of the jurisdiction, or the tax collector where the property is located, an authority may accept from the local government with an interest in a tax delinquent property, or tax sale property its interest in the tax liens in the property.

(b) The authority may:

(i) Collect on liens or taxes collected under Subparagraph (1)(a) of this Subsection and retain all payment of taxes, liens, penalties, or any interest on the liens or taxes.

(ii) Foreclose on, enter into a deed in lieu of foreclosure, or sell the property for the liens or taxes and retain all payment of taxes, penalties, or interest on the liens or taxes and the costs of selling the property and, if any other net proceeds remain from the sale, return any net proceeds to the tax collector for distribution on a pro rata basis to the appropriate taxing units in a ration equal to the delinquent taxes, penalties, and interest owed on the property.

B. Conveyance of property by deed instead of foreclosure or transfer of a lien or tax on property under this Section may not affect or impair any other lien against the property or any existing recorded or unrecorded interest in the property, including any:

(1) Easement of right-of-way.

(2) Future installment of a special assessment.

(3) Lien recorded by the state.

(4) Private deed restriction.

(5) Security interest or mortgage.

(6) Tax lien of another taxing jurisdiction that does not consent to a release of its lien.

C. A tax lien against property held by or under the control of an authority may be released or abated at any time by:

(1) A local government with respect to a lien held by the local government.

(2) The governing body of any taxing jurisdiction other than the state, parish, or municipality with respect to a lien held by the taxing jurisdiction.

(3) The comptroller with respect to a state tax lien.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:2554 — LA Code / Code revised-statutes / Title 40 / Section 2554
Mandatory reporting when force is used
Status: in_force

No later than January 1, 2026, the Council on Peace Officer Standards and Training shall adopt a policy regarding mandatory reporting when a peace officer uses physical force that results in serious bodily injury as defined in R.S. 14:2(C), on a member of the public, whether or not the interaction results in an arrest. The policy shall include but not be limited to when the use of force report shall be required and who shall be required to complete the report. This policy shall apply to all law enforcement agencies in the state. Nothing in this policy shall prevent an agency from adopting a more strenuous policy.

Acts 2025, No. 426, §1.
La. Rev. Stat. § 40:2116.1 — LA Code / Code revised-statutes / Title 40 / Section 2116.1
Nursing facilities; facility need review; moratorium; exceptions
Status: in_force

A.(1) The Louisiana Department of Health, in accordance with the Administrative Procedure Act, shall establish a facility need review process for nursing facilities consistent with the regulations for licensure and for Title XIX of the Social Security Act.

(2) The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for facility need review. The rules and regulations shall include but not be limited to the following:

(a) Criteria for review of nursing facility beds to determine if there is a need for additional beds.

(b) Specific duties of the department to review proposals for new facilities and determine the need therefor.

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

(d) Procedures to grant and revoke approvals.

(e) Establishment of application fees.

(f) Procedures for review of applications by the department.

(g) Procedures to request a fair hearing from a determination made by the department.

(h) Provisions for judicial review from the decision rendered after a fair hearing.

(3) No new facility, service, or bed shall be licensed and certified to participate in the Title XIX program without the approval of the department based upon a determination of a need therefor in accordance with the provisions of this Section. 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.

B.(1) There shall be a moratorium on nursing facilities and additional beds for nursing facilities which shall be in effect until July 1, 2027.

(2) The moratorium provided for in Paragraph (1) of this Subsection shall not apply to the following:

(a) Replacement of existing facilities, provided that there is no increase in existing nursing home beds at the replacement facility. However, a nursing home which has relocated as the result of an executive order or declaration of emergency or disaster issued in accordance with R.S. 29:724 shall not be allowed to permanently relocate such facility outside of the geographic area for which the original facility was licensed.

(b) Replacement of nursing facility beds with adult residential care home beds, either through new construction or through renovation and conversion. Such replacement shall be subject to licensing rules and regulations and budget neutrality provisions promulgated by the Louisiana Department of Health.

(c) A nursing facility located in a service area which has less than ninety-three percent occupancy that temporarily converts a number of licensed beds to an alternate use. The beds may be converted for alternate health care use until such time as the average annual occupancy in the service area exceeds ninety-three percent and an adjoining service area exceeds ninety-three percent based on the department's LTC-2 Report or its successor and the facility is notified of the same. The facility shall then either relicense the beds as nursing home beds within one year of receipt of the notice from the department, or the beds will be deemed expired. Nothing in this Paragraph shall be construed to preclude nursing facilities from taking beds out of alternate use at any time and using them as licensed beds unless they are deemed expired.

(d) Nursing home beds in alternate use.

C.(1) Except as provided in Paragraphs (2), (3), and (4) of this Subsection, the Louisiana Department of Health shall suspend approval, certification, and enrollment of nursing facility beds which were previously approved to participate in the Title XIX program under a facility need review process, Section 1122 process, or any predecessor needs review process, unless the beds are certified and enrolled in the Title XIX program by December 31, 1997. The suspension shall be for the length of the moratorium imposed pursuant to Subsection B of this Section.

(2) The suspension shall not apply to existing approvals for replacement of existing nursing facilities, or approvals which are under judicial review, on August 15, 1997. The suspension shall not apply to approvals for alternate use of previously approved beds.

(3) In the case of previously approved but unbuilt nursing facilities or beds, the department shall not suspend approval, certification, and enrollment if construction has actually begun by June 30, 1998, and construction is completed and the facilities or beds are actually certified and enrolled in the Title XIX program by December 31, 1999. In such cases, the department shall suspend approval, certification, and enrollment of previously approved beds not certified and enrolled by December 31, 1999.

(4) In the case of previously approved but unbuilt nursing facilities or beds, if construction has actually begun by June 30, 1998, and construction is not completed and the facilities or beds are not actually certified and enrolled in the Title XIX program by December 31, 1999, the secretary of the Louisiana Department of Health may authorize the certification and enrollment of the beds by December 31, 2001. However, the extension shall not be granted unless the secretary determines that construction has not been completed due to circumstances beyond the control of the applicant, a written request for an extension was made prior to December 31, 1999, and financing has been approved for the beds. These provisions shall only be applicable in the case of a facility, the primary purpose of which is to replace an existing facility, but also in so doing, enrolling additional beds.

Acts 2022, No. 531, §1.
La. Rev. Stat. § 40:1079.3 — LA Code / Code revised-statutes / Title 40 / Section 1079.3
Donation of blood
Status: in_force

A. Notwithstanding any other provision of the laws of the state of Louisiana, a minor may give consent to the donation of his blood and to the penetration of tissue necessary to accomplish such donation if either of the following criteria is satisfied:

(1) The minor has reached the age of sixteen years and the written consent of the parents, legal guardian, or person who has legal authority to consent on behalf of the minor has been obtained.

(2) The minor has reached the age of seventeen years. The consent of the parents or guardian of a minor who has reached the age of seventeen years shall not be required.

B. No minor shall be compensated for the donation of his blood.

C. Consent which is obtained pursuant to this Section shall not be subject to deferments because of minority.

Added by Acts 1972, No. 361, §1. Amended by Acts 1978, No. 173, §1; Acts 2010, No. 145, §1; Redesignated from R.S. 40:1097 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2608.1 — LA Code / Code revised-statutes / Title 40 / Section 2608.1
Sale of property pending forfeiture; circumstances; procedure
Status: in_force

A. The district attorney may petition the court for a sale pending forfeiture of any vessel, vehicle, aircraft, merchandise, or other property which is subject to forfeiture under the provisions of R.S. 40:2604 and if the hearing has not been held within sixty days of filing a claim as authorized by R.S. 40:2612 or one hundred eighty days of the seizure under either of the following conditions:

(1) That it appears to the district attorney that any vessel, vehicle, aircraft, merchandise, or other property seized under the laws of this state is liable to perish or to greatly depreciate in value during the storage of that property.

(2) That the costs associated with storage of the property is disproportionate to the value of that property.

B. After notice to interest holders and claimants and a contradictory hearing, if the court rules favorably, the court may order an immediate sale of such vessel, vehicle, aircraft, merchandise, or other property and the proceeds thereof to be deposited in accordance with R.S. 40:2616(B) until a final judicial disposition is reached. Prior to such sale, the property seized shall be published in the official journal of the governing authority of the parish where the property is located and, if ordered by the seizing agency, in a newspaper which meets the requirements of R.S. 43:140(3) for qualification as an official journal and which has a larger or smaller circulation in the parish than the official journal. Pursuant to court order, the proceeds shall be held subject to claims of parties in interest to the same extent that the vessel, vehicle, aircraft, merchandise, or other property so sold would have been subject to such claim.

(1) For purposes of this Section, one hundred percent of the proceeds of the sale, minus any documented auction fees, will be remitted to the seizing agency or district attorney depending on which is designated to carry out the order of the court; the funds shall be deposited in accordance with R.S. 40:2616(B).

(2) For purposes of this Section, Internet computer auctions are considered public sales, and the seizing agency or district attorney is expressly authorized to sell the property described in this Paragraph through the use of electronic technology, including Internet web sites that facilitate such sales. The seizing agency or district attorney is further authorized to pay any costs associated with the sale from the proceeds of such sale. The seizing agency or district attorney is further empowered to sell the property through any form of electronic technology, including Internet web sites created expressly for that purpose, whether privately or publicly owned.

(3) For purposes of this Section, the use of reserves or minimum bids is required to ensure that a minimum of the greater of fifty percent of the fair market value or one hundred percent of the principal for any interest holder is obtained.

C. If the final judicial disposition is in favor of the claimant, neither the seizing agency nor the district attorney shall be liable for any differences in the amount received at auction and the retail sale price for any vessel, vehicle, aircraft, merchandise, or other property sold pursuant to this Section.

Acts 2007, No. 71, §1.
La. Rev. Stat. § 40:974 — LA Code / Code revised-statutes / Title 40 / Section 974
Licensing
Status: in_force

A. The Louisiana Board of Pharmacy shall license an applicant to manufacture or distribute controlled dangerous substances included in Schedules I through V of R.S. 40:964 at such fees as it shall determine to be reasonable, unless it determines that the issuance of such license is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

(1) Maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels.

(2) Compliance with applicable state and local law.

(3) Prior conviction record of applicant under federal or state laws relating to the manufacture, distribution, or dispensing of such substances.

(4) Past experience in the manufacture of controlled dangerous substances, and the existence in the establishment of effective controls against diversion.

(5) Such other factors as are relevant to and consistent with the public health and safety.

B. Licenses granted under Subsection A of this Section shall not entitle a licensee to manufacture and distribute controlled dangerous substances in Schedule I or II other than those specified in the license.

C. A license application by a practitioner who wishes to conduct research with a controlled substance shall be referred to the Louisiana Board of Pharmacy. Licensing by the Louisiana Board of Pharmacy for the purpose of bona fide research with a controlled dangerous substance by a practitioner deemed qualified by the board may be denied only on a ground specified in R.S. 40:975(A) or on the ground that the applicant's past practice or proposed procedures furnish grounds for the belief that the applicant will abuse or unlawfully transfer such substances from legitimate medical or scientific use.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2172 — LA Code / Code revised-statutes / Title 40 / Section 2172
Certificates; applications; fees
Status: in_force

A. All health care facilities offering trauma care services may be certified on a voluntary basis.

B. Application for certification shall be made by a health care facility to the department upon forms furnished by the department. Upon determination that the facility is in compliance with the minimum requirements for certification as established by the department, the department shall issue a certificate for such period as may be provided for in the published regulations of the department.

C. There shall be a certification fee of two hundred dollars for any certificate issued in accordance with the provisions of this Part, renewable every three years.

Acts 1987, No. 358, §1.
La. Rev. Stat. § 40:2175.10 — LA Code / Code revised-statutes / Title 40 / Section 2175.10
Procedure for closing outpatient abortion clinics in the event abortion is declared illegal
Status: in_force

A. Except as provided in Subsection C of this Section, the secretary shall apply the provisions of R.S. 40:1061.1 and 2175.9 and based upon the final decision of the Supreme Court of the United States in the case of Dobbs v. Jackson Women's Health Organization, Docket No. 19-1392, the secretary shall issue whichever one of the applicable cease and desist orders apply, as follows:

(1) The outpatient abortion facility shall be ordered closed and the facility shall immediately cease and desist performing abortions because the Human Life Protection Act, R.S. 40:1061, or R.S. 14:87.7 has been enacted and the practice of abortion in Louisiana has been prohibited by law.

(2) The outpatient abortion facility shall be ordered to cease and desist performing late term abortions, as is prohibited in R.S. 14:87.8, because the Supreme Court of the United States has provided for the states to prohibit abortions when the gestational age of the unborn child is fifteen weeks or more.

B.(1) Any person who violates a cease and desist order of the secretary after it has become final and while such order is in effect shall, upon proof thereof to the satisfaction of the court, be ordered by the court to forfeit and pay to the attorney general a sum not less than ten thousand dollars nor more than fifty thousand dollars per violation.

(2) Each abortion performed in violation of the cease and desist order issued pursuant to this Section shall constitute a separate violation.

C. The provisions of Subsections A and B of this Section shall not apply if the decision rendered by the Supreme Court of the United States in the case of Dobbs v. Jackson Women's Health Organization, Docket No. 19-1392, which overrules, in whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), does not restore to the states the authority to prohibit or limit abortion.

Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:1077.2 — LA Code / Code revised-statutes / Title 40 / Section 1077.2
Reimbursement
Status: in_force

A. The secretary of the Louisiana Department of Health shall provide coverage and reimbursement to a unique provider of health services for catastrophically ill children to the same extent that it would provide coverage for services for those children furnished within the boundaries of the state and shall ensure that reimbursement to such institution shall be equal to the reimbursement rate of in-state children's hospitals for pediatric care. Such reimbursements shall be less than five hundred thousand dollars in total expenditures in any state fiscal year.

B. Implementation of the provisions of this Part shall be subject to the appropriation of funds by the legislature for this purpose.

Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.312 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1046.1 — LA Code / Code revised-statutes / Title 40 / Section 1046.1
Sale of marijuana for therapeutic use to visiting qualifying patients
Status: in_force

A. As used in this Part, the following terms have the meaning ascribed in this Subsection:

(1) "Debilitating medical condition" has the meaning ascribed in R.S. 40:1046(A)(2)(a).

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

(3) "LMMTS" means the electronic seed-to-sale tracking system approved by the department.

(4) "Medical marijuana" means marijuana for therapeutic use produced pursuant to the provisions of R.S. 40:1046(H).

(5) "Visiting qualifying patient" means a patient with a debilitating medical condition who is not a resident of Louisiana or who has been a resident of Louisiana for less than thirty days and who is in actual possession of a valid medical marijuana registry identification card, or its equivalent, which has been issued under the medical marijuana laws of another state, district, territory, commonwealth, or insular possession of the United States.

B. A visiting qualifying patient may obtain medical marijuana from a marijuana retail permit holder upon producing evidence of his valid medical marijuana registry identification card, or its equivalent, which has been issued under the medical marijuana laws of another state, district, territory, commonwealth, or insular possession of the United States.

C.(1) A marijuana retail permit holder shall require each visiting qualifying patient to certify on a form approved by the department that the patient has been diagnosed by an authorized clinician with one or more debilitating medical conditions. The form shall include the full name, address, and phone number of the visiting qualifying patient and shall include a statement to be signed by the patient by which the patient shall attest that the patient will not divert to any person any medical marijuana sold to him by the marijuana retail permit holder.

(2)(a) A marijuana retail permit holder shall retain a copy of each of the following documents received from a visiting qualifying patient:

(i) The patient's valid medical marijuana registry identification card or its equivalent.

(ii) The patient's valid driver's license or other government-issued photo identification document.

(iii) The original, completed, and signed form provided for in Paragraph (1) of this Subsection.

(b) The department shall promulgate in accordance with the Administrative Procedure Act a record retention schedule for marijuana retail permit holders which applies to the documents identified in this Paragraph.

D. Prior to dispensing any medical marijuana product to a visiting qualifying patient, a pharmacist or the pharmacist's designee at a marijuana retail location shall review the patient's records in the LMMTS. The pharmacist or the pharmacist's designee shall resolve any concerns identified in the review of the patient's records by consultation with the patient's physician.

E. Upon sale of any medical marijuana product to a visiting qualifying patient, the pharmacist or the pharmacist's designee at a marijuana retail location shall report that transaction to the LMMTS.

F. No marijuana retail permit holder shall sell medical marijuana to a person who holds himself out to be a visiting qualifying patient if the pharmacist or the pharmacist's designee at the retail location determines any of the following with respect to that person:

(1) The person's medical marijuana registry identification card was revoked, has expired, or is otherwise not valid and current.

(2) The person's medical marijuana registry identification card was fraudulently obtained.

(3) The person's application or written certifications were falsified in any way.

(4) The person knowingly violated any law of this state applicable to medical marijuana.

Acts 2022, No. 438, §1; Acts 2024, No. 693, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 40:2104 — LA Code / Code revised-statutes / Title 40 / Section 2104
Application
Status: in_force

A. An application for a license shall be made to the department on forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed hereunder and information required for health planning pursuant to R.S. 36:256(B). Additional information required by the licensing agency or for health planning shall be supplied on supplemental forms as needed.

B. As a condition of licensure, the department may require hospitals to provide certain information including but not limited to financial, demographic, and census information. The department shall promulgate rules to implement this Subsection in accordance with the Administrative Procedure Act. Such information shall be shared with the Louisiana Hospital Association, which shall be subject to the same confidentiality requirements provided for in this Subpart.

Acts 1989, No. 229, §1; Acts 1999, No. 1289, §1.
La. Rev. Stat. § 40:1722 — LA Code / Code revised-statutes / Title 40 / Section 1722
Louisiana Building Code
Status: in_force

A. The new construction, alteration, addition or renovation of all state owned buildings for which bids are let after September 12, 1975, must comply with the rules and regulations to be promulgated by the Facilities Planning and Control Department of the Division of Administration in conformity with the Administrative Procedure Act, which rules and regulations shall establish as minimum standards the provisions of the Louisiana Building Code provided in Subsection B hereof.

B. The Louisiana Building Code shall consist of the following designated and described codes and standards:

(1) The Life Safety Code, Standard 101, 1973 Edition as published by the National Fire Protection Association.

(2) The International Plumbing Code, the International Building Code, Chapter 29-Plumbing Systems, and the International Residential Code, Part VII-Plumbing.

(3) The International Building Code, 2000 Edition as published by the International Code Council.

(4) The International Mechanical Code as published by the International Code Council.

(5) The National Electric Code (NFPA No. 70-1975) as published by the National Fire Protection Association.

C. Repealed by Acts 2003, No. 387, §2, eff. Jan. 1, 2004.

D. Repealed by Acts 2014, No. 836, §3, eff. Jan. 1, 2016.

E.(1) In all cases of conflict between the provisions of the Louisiana Building Code and any local building code in connection with the construction or occupancy of any state-owned building, the provisions of the Louisiana Building Code shall be used.

(2) In all cases wherein the Louisiana Building Code is used in connection with the construction or occupancy of any state-owned building, the permit, and issuance thereof, or performance of any duties associated therewith by any parish or municipality, or the state under this Part, shall have all rights, privileges, and immunities accorded permits under Part IV-A of Chapter 8 of Title 40 and Subpart E of Part I of Chapter 14 of Title 33 of the Louisiana Revised Statutes of 1950.

Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 1992, No. 656, §1, eff. July 2, 1992; Acts 2003, No. 387, §§1 and 2, eff. Jan. 1, 2004; Acts 2014, No. 836, §§3,4, eff. Jan. 1, 2016.
La. Rev. Stat. § 40:2191 — LA Code / Code revised-statutes / Title 40 / Section 2191
Disposal of deceased patient's unused controlled substances
Status: in_force

A. Upon death of a patient receiving hospice services, ownership of the patient's unused Schedule II, III, IV, or V controlled substances under 21 CFR 1308 may transfer to the hospice for immediate disposal pursuant to the following provisions:

(1) Each hospice shall establish a written procedure to ensure safe disposal of unused controlled substances by a hospice nurse at the time of a patient's death.

(2) Upon the death of a patient receiving hospice services, in the presence of a witness, the hospice nurse shall record in the medical record the name and quantity of each unused controlled substance.

(3)(a) The hospice nurse shall conduct immediate disposal of the controlled substance at the site of care by complying with the Environmental Protection Agency and Drug Enforcement Administration guidelines for safe disposal or immediate mail-back to a registered authorized collector pursuant to 21 CFR 1317.40.

(b) If conducting immediate disposal at the site of care, the hospice nurse shall perform the disposal in the presence of a witness, who shall sign a document indicating their witnessing the disposal.

(c) If participating in immediate mail-back to a registered authorized collector, the hospice nurse shall deposit the unused controlled substance into the mail-back envelope and seal the envelope at the site of care. This shall be done in the presence of a witness, who shall sign a document indicating their witnessing the hospice nurse sealing the controlled substance in the mail-back envelope. The hospice nurse shall immediately initiate its delivery to the registered authorized collector.

(4) Hospice employees shall not remove any controlled substances from the site of care, except for the hospice nurse responsible for disposal pursuant to Subparagraph (3)(c) of this Subsection.

(5) The hospice nurse shall record the method of disposal in the medical record.

B. A copy of the written policy established pursuant to this Section shall be furnished to each patient and to the patient's healthcare representative at the time the patient is enrolled in hospice.

Acts 2018, No. 23, §1.
La. Rev. Stat. § 40:1300.53 — LA Code / Code revised-statutes / Title 40 / Section 1300.53
Applicability
Status: in_force

The provisions of this Part shall apply to all of the following:

(1) Licensed centers that provide care for persons with developmental disabilities as defined in R.S. 28:751.

(2) Hospitals as defined in R.S. 40:2102.

(3) Licensed facilities that provide inpatient hospice care as defined in R.S. 40:2182.

(4) Nursing homes as defined in R.S. 40:2009.2.

Acts 2023, No. 367, §1.
La. Rev. Stat. § 40:614 — LA Code / Code revised-statutes / Title 40 / Section 614
Suspension of permit; reinstatement
Status: in_force

Upon notice to the permittee, the secretary of the department may suspend immediately any permit issued under authority of R.S. 40:612 if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended may apply at any time for its reinstatement. After a prompt hearing and an inspection of the establishment, the department shall immediately reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1251.1 — LA Code / Code revised-statutes / Title 40 / Section 1251.1
Title
Status: in_force

This Part may be referred to as the Louisiana Medicaid Buy-In Program for Persons with Disabilities Act.

Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:600.87 — LA Code / Code revised-statutes / Title 40 / Section 600.87
Definitions
Status: in_force

The following terms, whenever used or referred to in this Chapter shall have the following meanings, unless the context clearly indicates otherwise:

(1) "Bonds" shall have the same meaning as "Securities" in R.S. 39:1421(1).

(2) "Corporation" means the Louisiana Housing Corporation created by this Chapter.

(3) "Federal government" means the United States of America and any agency or instrumentality, corporate or otherwise, of the United States of America.

(4) "Insured mortgage loan" means a mortgage loan for the acquisition, construction, rehabilitation or improvement of residential housing located within the state which is insured or guaranteed in whole or in part by the federal or state government, or any instrumentality or agency of the federal government or the state government, including the Louisiana Housing Corporation, or by a private mortgage insurance company, which insures the holder of the mortgage against financial loss.

(5) "Lending institution" means any bank, investment bank, mortgage bank or company, pension or retirement fund, savings bank, or savings and loan association which is authorized to do business in Louisiana.

(6) "Mortgage" means a conventional mortgage evidencing a contract by which a person binds all or part of his immovable property in favor of another to secure the execution and enforcement of a contract, but without divesting himself of the possession of such property.

(7) "Mortgage loan" means a financial obligation secured by a mortgage.

(8) "Persons or families of low or moderate income" means an individual or household whose income qualifies as low income or moderate income as determined from time to time by the corporation's board of directors in a manner consistent with federal housing programs.

(9) "Residential housing" means a specific work or improvement within the state undertaken primarily to provide decent, safe, and sanitary dwelling accommodations that are in compliance with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §12131 et seq., for persons of low or moderate income, including, but not limited to, the acquisition, construction, rehabilitation, or improvement of land, buildings, and improvements thereto in connection with apartments, condominiums, single family homes, townhouses, and nonhousing facilities appurtenant thereto.

(10) "State" means the state of Louisiana.

(11) "State agency" means any board, authority, agency, department, commission, public corporation, body corporate and politic, or instrumentality of the state. A local housing authority established pursuant to R.S. 40:381 et seq., shall not be considered a "state agency".

Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2012, No. 686, §1.
La. Rev. Stat. § 40:981 — LA Code / Code revised-statutes / Title 40 / Section 981
Distribution to persons under age eighteen
Status: in_force

A. Any person who is at least twenty-five years of age or more who violates R.S. 40:966 or 967 by distributing a substance listed in Schedule I or II that is a narcotic drug to a person under eighteen years of age shall, upon conviction, be punished by imprisonment at hard labor for not less than ten nor more than thirty years.

B. Any person who is at least eighteen years of age who violates R.S. 40:966 or 967 by distributing a substance listed in Schedule I or II that is a narcotic drug to a person under eighteen years of age who is at least three years his junior shall, upon conviction, be punished by a term of imprisonment of not less than five nor more than thirty years.

C. Any person who is at least eighteen years of age who violates R.S. 40:966 through 970 by distributing any other controlled dangerous substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his junior shall, upon conviction, be punished by a term of imprisonment up to one and one-half times the longest term of imprisonment authorized by R.S. 40:966 through 970 or by payment of not more than twice the fine authorized by R.S. 40:966 through 970, or both.

Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §9; Acts 2001, No. 403, §4, eff. June 15, 2001.
La. Rev. Stat. § 40:599.30 — LA Code / Code revised-statutes / Title 40 / Section 599.30
Bond anticipation notes
Status: in_force

A. An authority may issue negotiable bond anticipation notes in anticipation of the sale of bonds for any corporate purpose.

B. Bond anticipation notes issued under this Section shall be issued in the same manner as bonds.

C. Bond anticipation notes issued under this Section and the resolution authorizing them may contain any provision, condition, or limitation that may be included in a trust agreement.

D. An authority may issue bond anticipation notes to pay any other anticipation notes.

E. Bond anticipation notes shall be paid from:

(1) Money available and not otherwise pledged.

(2) Revenues of the authority.

(3) The proceeds of the sale of the bonds in anticipation of which the notes were issued.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:792 — LA Code / Code revised-statutes / Title 40 / Section 792
Penalty
Status: in_force

Whoever violates any of the provisions of this Subpart, or the orders, rules, or regulations promulgated by the department under authority hereof, shall be fined, for each offense, not more than one hundred dollars or imprisoned for not more than thirty days, or both.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1622 — LA Code / Code revised-statutes / Title 40 / Section 1622
Violation of Part; criminal and civil liability
Status: in_force

A. If the fire marshal or a representative of his office inspects a structure, watercraft, or movable and finds a violation of this Part, for which a compliance order is issued, and that violation is the proximate cause of an incident giving rise to response by firemen or first response personnel who suffer loss of life or bodily injury while responding to the incident, then the person or entity responsible for compliance with the order shall be liable for all damages resulting from the loss of life or bodily injury suffered by any such firemen or first response personnel if the compliance order has not been complied with within the time period stated in the compliance order.

B. Notwithstanding any provision to the contrary, for any loss of life suffered by firemen or first response personnel under the conditions described in this Section, there shall be a rebuttable presumption that the death resulted from criminal negligence.

Acts 2003, No. 1099, §1.
La. Rev. Stat. § 40:1749.26 — LA Code / Code revised-statutes / Title 40 / Section 1749.26
Public work projects
Status: in_force

In addition to any other applicable provision of this Part, R.S. 38:2223 shall apply to any public work project.

Acts 2001, No. 1005, §2, eff. June 27, 2001.
La. Rev. Stat. § 40:788 — LA Code / Code revised-statutes / Title 40 / Section 788
Enrichment of bread; methods
Status: in_force

The enrichment of bread may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched bread which meets the requirements of R.S. 40:787.

Iron shall be added only in forms that are assimilable and harmless and which do not impair the enriched bread.
La. Rev. Stat. § 40:2221 — LA Code / Code revised-statutes / Title 40 / Section 2221
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 certified by the secretary of the Louisiana Department of Health to contract with the state to provide or coordinate the provision of health care services to an enrollee.

Acts 1995, No. 1211, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:787 — LA Code / Code revised-statutes / Title 40 / Section 787
Vitamin content and other ingredients in bread
Status: in_force

A. No one shall manufacture, bake, sell, offer for sale, or receive in interstate shipment for sale for human consumption in this state any bread unless the following vitamins and other ingredients are contained in each pound thereof:

Not less than 1 milligram of vitamin Bl (thiamin); not less than 4 milligrams of nicotinic acid (niacin) or nicotinic acid amide (niacin amide); and not less than 4 milligrams of iron.

B. The department shall change or add to the specifications for ingredients and the amounts thereof so as to conform to the federal definition of enriched bread.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1135.2 — LA Code / Code revised-statutes / Title 40 / Section 1135.2
Qualifications to operate emergency medical response vehicles; vehicle requirements; equipment; penalties
Status: in_force

A.(1) No person shall conduct, maintain, or operate an emergency medical response vehicle as an emergency vehicle on any street, alley, or public way or place in the state unless the vehicle is staffed with at least one individual who is a licensed emergency medical responder.

(2) No person shall provide services in any capacity on an emergency medical response vehicle unless he is at least a licensed emergency medical responder, or a holder of a certificate of licensure as a registered nurse or licensed practical nurse, or is a physician or surgeon licensed to practice medicine by the Louisiana State Board of Medical Examiners, a licensed respiratory therapist, a licensed nurse practitioner, a licensed physician assistant, or a licensed occupational therapist. No person shall provide services in any capacity on these vehicles without holding an American Heart Association Health Care Provider, or American Red Cross Professional Rescuer, or the equivalent cardio-pulmonary resuscitation certification that has been approved by the Louisiana Department of Health.

B. No person shall conduct, maintain, or operate an emergency medical response vehicle as an emergency vehicle which:

(1) Does not carry with it equipment, in fully operational condition, for emergency medical response consistent with the scope of practice for emergency medical technicians established in R.S. 40:1133.14. Each emergency medical response vehicle provider shall develop and maintain a written policy identifying the equipment required to comply with the provisions of this Paragraph. At a minimum, the policy shall identify the basic trauma equipment, drugs, suction and oxygen equipment, cardiopulmonary resuscitation equipment, and any other equipment required by law that shall be maintained on the emergency medical response vehicle.

(2) Is not marked with the company name or logo on both sides and the rear and does not have fully visible and audible warning signals in accordance with rules and regulations promulgated by the Louisiana Department of Health.

(3) Does not meet the minimum motor vehicle safety standards as prescribed in the rules and regulations promulgated pursuant to the Motor Vehicle Inspection Act, R.S. 32:1302 et seq.

(4) Is not insured in accordance with the provisions of R.S. 40:1135.9.

(5) Is not owned or leased by the certified ambulance service operating the vehicle.

C.(1) The Louisiana Department of Health or its designee shall be empowered to conduct inspections of emergency medical response vehicles. The department shall certify such vehicles and shall have the authority to deny, probate, suspend, or revoke certifications. The department shall also have the authority to report any violations to the appropriate district attorney's office.

(2) Certification issued by the Louisiana Department of Health shall serve as authorization of the ambulance service to operate the emergency medical response vehicle pursuant to the provisions of this Section.

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

Acts 1997, No. 297, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 184, §2(A); Redesignated from R.S. 40:1235.1 by HCR 84 of 2015 R.S; Acts 2018, No. 557, §1.
La. Rev. Stat. § 40:2180 — LA Code / Code revised-statutes / Title 40 / Section 2180
Definitions
Status: in_force

As used in this Part, the following terms shall have the following meanings, except when the context clearly indicates otherwise:

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

(2) "ICF/DD" means an intermediate care facility for people with developmental disabilities.

Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §2.
La. Rev. Stat. § 40:1484.5 — LA Code / Code revised-statutes / Title 40 / Section 1484.5
Third-party inspection of inflatable amusement devices, amusement attractions, and amusement rides; certificate of inspection required; cease and desist orders
Status: in_force

A. Except for the purpose of testing, training, or inspection, no inflatable amusement device, amusement attraction, or amusement ride shall be operated in this state without a current certificate of registration, valid registration plate, and registration decal issued by the office of state fire marshal.

B.(1) Each inflatable amusement device, amusement attraction, or amusement ride shall be inspected by a third-party inspector for safety and subjected to nondestructive testing, according to the manufacturer's recommendations, if any, at least annually, in accordance with ASTM-F-24, as promulgated by the state fire marshal in conformity with the Administrative Procedure Act, and other applicable standards, regulations, manuals, manufacturers' specifications, service bulletins, and notices.

(2) Upon completion of each inspection as required in this Section, the third-party inspector shall submit a certificate of inspection to the office of state fire marshal and the owner. The certificate shall be valid for not more than twelve months from the date of issuance.

(3) If the third-party inspection shows that an inflatable amusement device, amusement attraction, or amusement ride does not comply with all relevant provisions of this Part and the adopted standards, regulations, and applicable manuals, service bulletins, and notices, the third-party inspector shall notify and submit the findings to the state fire marshal within ten days of the inspection. The office of state fire marshal shall issue a cease and desist order to the operator or owner indicating that operation of the inflatable amusement device, amusement attraction, or amusement ride, which does not comply, is to immediately cease in the state. The state fire marshal shall lift any cease and desist order and issue registration plates or registration decals, if applicable, for the inflatable amusement devices, amusement attractions, or amusement rides only when the deficiencies have been remedied to the satisfaction of a third-party inspector and proof of satisfaction is submitted to and approved by the state fire marshal.

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 1999, No. 347, §1, eff. June 16, 1999; Acts 2000, 1st Ex. Sess., No. 59, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:1614 — LA Code / Code revised-statutes / Title 40 / Section 1614
Mattresses and box springs; fire retardant
Status: in_force

A. After January 1, 2007, no person shall offer for sale at retail within this state, any mattress or box spring unless it is made of a fire retardant material or has been treated to render it fire retardant such that it meets the standards of resistance to open flames. This Subsection shall not apply to any mattress or box spring manufactured prior to January 1, 2007. The fire marshal may promulgate regulations to implement the purpose of this Section.

B. The fire marshal shall be responsible for the enforcement of this Section. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any mattress or box spring being offered for sale or sold in this state or the premises of any establishment engaged in the manufacture of mattresses or box springs in this state for the purpose of determining compliance with this Section. Whenever the inspecting officer finds any incidence of noncompliance with this Section he shall issue an appropriate order to assure compliance, to have the mattresses or box springs removed from the premises or to remedy the incidence of noncompliance in whatever manner he may deem appropriate.

C. Whoever fails to comply with an order of the fire marshal under the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each violation hereunder shall constitute a separate offense.

D. Upon the enactment of a federal statute, rule, or regulation which requires that mattresses and box springs be flame resistant, this provision shall be null and void.

Acts 2006, No. 557, §1.
La. Rev. Stat. § 40:636 — LA Code / Code revised-statutes / Title 40 / Section 636
Other prohibited acts
Status: in_force

The following acts and the causing thereof are prohibited:

(1) The introduction or delivery for introduction into commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.

(2) The adulteration, or misbranding, of any food, drug, device, or cosmetic in commerce.

(3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof in the original unbroken package for pay or otherwise.

(4) The forging, counterfeiting, simulating, or falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this Part.

(5) The possession in any place where sales or service is made to the public of any food, drug, device or cosmetic that is adulterated or misbranded.

(6) The using by any person to his own advantage, or the revealing, other than to the department, its officers or employees, or to the courts when relevant in the trial of any case under this Part, any information acquired under authority of R.S. 40:612 through R.S. 40:615 or R.S. 40:631 concerning any method or process which, as a trade secret, is entitled to protection.

Amended by Acts 1952, No. 482, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1459 — LA Code / Code revised-statutes / Title 40 / Section 1459
Disbursement of funds
Status: in_force

A. The funds disbursed to each individual shall be included as part of his regular payroll check. The additional salary paid to individuals in accordance with this Subpart shall be subject to the deductions normally withheld by the employer.

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

Added by Acts 1975, No. 320, §1, eff. July 1, 1975; Acts 1985, No. 193, §1; Acts 1986, No. 790, §1, eff. July 10, 1986.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
La. Rev. Stat. § 40:478 — LA Code / Code revised-statutes / Title 40 / Section 478
Issuance of debt instruments other than bonds
Status: in_force

A. In addition to borrowing authorized under R.S. 40:431 and the issuance of bonds under R.S. 40:470, a housing authority may also issue notes, debt certificates, certificates of participation, and other debt or equity instruments, of every kind and description, for the purpose of generating funds to carry out the purposes of this Chapter.

B. Such notes, certificates, or instruments may be issued for such consideration, in such amounts, and upon such terms and conditions as the authority shall deem appropriate, consistent with the requirements of R.S. 40:489.

C. The limitation on liability set forth with respect to bonds in R.S. 40:469 shall also be applicable with respect to any such notes, certificates, or instruments.

D. The housing authority may offer such notes, certificates, or instruments at public or private sale and may enter into such contracts, agreements, and arrangements relating to such sale as it shall deem appropriate.

Amended by Acts 1950, No. 401, §21; Acts 1960, No. 461, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1261 — LA Code / Code revised-statutes / Title 40 / Section 1261
Health report card
Status: in_force

A.(1) The Louisiana Department of Health shall annually prepare a health report card indicating the overall state of health in Louisiana concerning but not limited to the following issues:

(a) Health findings of major diseases.

(b) Teenage pregnancy and birth rates.

(c) Rates of low birth-weight babies.

(d) Suicide rates.

(e) Sexually transmitted diseases.

(f) Incidence of drug addictions.

(g) Violent deaths.

(h) Morbidity rates.

(i) Health assessment programs and results.

(j) Results of preventive health outreach programs.

(k) An assessment of the state healthcare delivery system.

(2) The report shall include information on each parish and the state as a whole and a comparison of that data with data from other states and from prior years, and, if available, variations and changes according to different segments of the state's population.

(3) Any benefits plan that contracts with the state to provide or coordinate the provision of healthcare services to a Medicaid recipient or other person whose enrollment costs are paid wholly or in part by the state under a Medicaid waiver shall submit a report card indicating the overall health of those enrollees whose costs are paid wholly or in part by the state concerning but not limited to the issues delineated in Paragraph (1) of this Subsection. Such report card shall be prepared and submitted in accordance with guidelines established by the department and shall be included in the written report described in Subsection C of this Section.

B. The department may conduct hearings and call upon other state agencies, boards, commissions, and departments to assist in the furnishing, compiling, and analyzing of the data required to prepare the report.

C. The department shall submit the written report to the governor, and to each member of the legislature, at least sixty days prior to each regular session, together with recommendations for improving the overall health status on each issue.

D. The department shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement this Section.

Acts 1995, No. 445, §1; Acts 1995, No. 985, §1; Redesignated from R.S. 40:1300.71 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.

NOTE: Former R.S. 40:1261 redesignated to R.S. 40:1293.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1472.8 — LA Code / Code revised-statutes / Title 40 / Section 1472.8
Promulgation of regulations
Status: in_force

A. The deputy secretary shall adopt, promulgate, and enforce rules and regulations setting forth minimum general standards covering manufacture, transportation including loading and unloading, use, sale, handling, and storage of explosives. The regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act and shall be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and persons possessing, handling, and using such materials and shall be in substantial conformity with generally accepted standards of safety concerning such subject matters. It is hereby declared that regulations in substantial conformity with the published rules and suggested standards of the Institute of Makers of Explosives in relation to said subject matters shall be deemed to be in substantial conformity with accepted standards of safety concerning such subject matters. All procedures with regard to the revocation, suspension, or denial of licenses shall be in accordance with the Administrative Procedure Act.

B.(1) The licensee, with the specific written approval of the deputy secretary, may use an alternate method or procedure in lieu of a method or procedure specifically prescribed in this Part and rules and regulations adopted pursuant to this Part.

(2) The deputy secretary may approve an alternate method or procedure, subject to certain conditions, when he finds that all of the following are true:

(a) Good cause is shown for the use of the alternate method or procedure.

(b) The alternate method or procedure is within the purpose of, and consistent with the effect intended by, the specifically prescribed method or procedure and that the alternate method or procedure is substantially equivalent to that specifically prescribed method or procedure.

(c) The alternate method or procedure will not be contrary to any provision of law and will not result in an increase in cost to the state of Louisiana or hinder the effective administration of this Part.

(3) When the licensee desires to employ an alternate method or procedure, he shall submit a written application to the deputy secretary. The application shall specifically describe the proposed alternate method or procedure and shall set forth the reasons for it. Alternate methods or procedures may not be employed until the application is approved by the deputy secretary. The licensee shall, during the period of authorization of an alternate method or procedure, comply with the terms of the approved application. Authorization of any alternate method or procedure may be withdrawn whenever, in the judgment of the deputy secretary, the effective administration of this Part is hindered by the continuation of the authorization. As used in this Paragraph, alternate methods or procedures include alternate construction or equipment.

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
La. Rev. Stat. § 40:1025 — LA Code / Code revised-statutes / Title 40 / Section 1025
Penalties
Status: in_force

A.(1) Except as provided in Subsection E of this Section, the first violation of or failure to comply with any provision of this Part shall subject the offender to a fine not in excess of three hundred dollars, or imprisonment of not more than fifteen days, or both.

(2) A conviction for a violation of the provisions of this Part may not be used as a predicate conviction for enhancement purposes under Subsections B and C of this Section if the offender has not been convicted of any violation of the controlled dangerous substances law for a period of two years from the date of completion of sentence, probation, parole, or suspension of sentence for that conviction. The provisions of this Paragraph shall apply only once with respect to any person.

B. On a second conviction, except as provided in Subsection E of this Section, the offender shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

C. On a third or subsequent conviction, except as provided in Subsection E of this Section, the offender shall be fined not more than two thousand five hundred dollars, or imprisoned, with or without hard labor, for not more than two years, or both.

D. If the second or subsequent conviction is by any person licensed under the occupational license tax law, as provided in R.S. 47:341 et seq., or by such person's manager, agent, servant, or employee, then such person shall forfeit the right to any permit issued thereunder and such permit may be suspended or revoked.

E. The penalty for possessing drug paraphernalia intended for, or used solely for, the inhalation, ingestion, epidermal or sublingual absorption, or other method of introducing marijuana or marijuana derivatives into the human body are as follows for quantities of paraphernalia not exceeding those required for individual personal use:

(1) On a first conviction, a fine of one hundred dollars.

(2) On a second conviction, a fine of five hundred dollars.

(3) On a third or subsequent conviction, a fine of two thousand five hundred dollars.

Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2016, No. 246, §1; Acts 2024, No. 682, §1.
La. Rev. Stat. § 40:1061.11 — LA Code / Code revised-statutes / Title 40 / Section 1061.11
Drugs or chemicals used; penalties
Status: in_force

A. When any drug or chemical is used for the purpose of inducing an abortion, the physician who prescribed the drug or chemical shall be in the same room and in the physical presence of the pregnant woman when the drug or chemical is initially administered, dispensed, or otherwise provided to the pregnant woman.

B. The drug or chemical shall not be administered, dispensed, or otherwise provided to the pregnant woman by a physician or any person acting under the physician's direction, whether in a licensed outpatient abortion facility, private medical office or any other facility, unless the physician has obtained the voluntary and informed consent of the pregnant woman pursuant to the provisions of R.S. 40:1061.17 and the requirements set forth in that Section.

C. If a physician prescribes, dispenses, administers, or provides any drug or chemical to a pregnant woman for the purpose of inducing an abortion, the physician shall report the abortion to the Louisiana Department of Health as provided in R.S. 40:1061.21.

D. In addition to the requirements of reporting complications to the Louisiana Department of Health pursuant to R.S. 40:1061.21, if the physician knows that the woman experienced a serious adverse event, as defined by the MedWatch Reporting System, during or after the administration or use of the drug, the physician shall also report the event to the United States Food and Drug Administration through the MedWatch Reporting System not later than the third day after the date the physician learns that the event occurred.

E. The Louisiana State Board of Medical Examiners may take disciplinary action as authorized in R.S. 37:1261 et seq. or any other applicable provision of law against a physician who violates any provision of this Section.

F. Any person not under the direct and immediate supervision of a physician who knowingly performs or attempts to perform an abortion using chemicals or drugs in violation of this Section shall be subject to penalties pursuant to R.S. 40:1061.29. No penalty may be assessed against the woman who undergoes the abortion.

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

Acts 2013, No. 259, §1, eff. June 10, 2013; Acts 2014, No. 620, §1, eff. Sept. 1, 2014; Redesignated from R.S. 40:1299.35.2.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:2617 — LA Code / Code revised-statutes / Title 40 / Section 2617
Powers of enforcement personnel
Status: in_force

A. In investigating conduct in violation of any of the provisions of this Chapter or R.S. 40:961 through 1034, a district attorney or his designee may conduct an investigation of the conduct. The district attorney or his designee is authorized to, before the commencement of any civil proceeding or action under this Chapter, subpoena witnesses, compel their attendance, examine them under oath, and require the production of documentary evidence for inspection, reproducing, or copying with the same powers and limitations and judicial oversight and enforcement and in the manner provided by this Chapter and by C.C.P. Arts. 1351 et seq. and 1421 et seq. Any person compelled to appear under a demand for oral testimony under this Section may be accompanied, represented, and advised by counsel.

B. The examination of all witnesses under this Section shall be conducted by the district attorney or his designee before an officer authorized to administer oaths. The testimony shall be taken stenographically or by a sound recording device and shall be transcribed. The district attorney shall exclude from the place where the examination is held all persons except the person being examined, his counsel, the officer before whom the testimony is to be taken, law enforcement officials, and any stenographer taking such testimony. The examination shall be conducted in a manner consistent with the C.C.P. Art. 1421 et seq. Testimony obtained pursuant to this Section and in accordance with the provisions of C.C.P. Art. 1421 et seq., pertaining to discovery shall not be used against a claimant in a substantive criminal proceeding, except for perjury or false swearing.

C. Except as otherwise provided in this Chapter, no documentary material, or transcripts, or oral testimony, or copies of it, in the possession of the district attorney shall be available, prior to the filing of a civil or criminal proceeding or action relating to it, for examination by any individual other than a law enforcement official or agent of such official without the consent of the person who produced the material or transcripts.

D. No person shall, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the district attorney under this Section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any documentary material that is the subject of a subpoena. A violation of this Subsection is punishable by a five hundred dollar fine or six months imprisonment, or both.

E. Acts or omissions by the district attorney in the course of their duties in the enforcement of any of the provisions of this Chapter, including provision of any legal services prior to charging, petition or seizure, are prosecutorial and shall not subject the attorneys or their principals to civil liability.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:2120.16 — LA Code / Code revised-statutes / Title 40 / Section 2120.16
Issuance of a license
Status: in_force

Upon receipt and after review of an application for a license in accordance with this Part, the secretary shall issue a license if it is determined that the applicant is qualified to operate a nurse staffing agency based upon demonstrated compliance with this Part. A license issued by the department in accordance with this Section shall remain effective for a period of two years unless the license is revoked or suspended pursuant to this Part. When a nurse staffing agency is sold or ownership is transferred, the transferee shall notify the department and apply for a new license at least forty-five days prior to the transfer. The transferor shall remain responsible for the operation of the agency until such time as a license is issued to the transferee.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:2120.68 — LA Code / Code revised-statutes / Title 40 / Section 2120.68
License issuance; application; fees; onsite inspections
Status: in_force

A. Each application for licensure as a PACE provider shall be submitted to the department on forms prescribed by the department and shall contain information as the department may require. If a PACE organization operates in more than one departmental region, the PACE organization shall obtain a separate PACE provider license for each region. At a minimum, the licensing application shall contain all of the following information:

(1) Name, address, and contact information of the person, partnership, corporation, unincorporated association, or other legal entity that is the applicant.

(2) Names and addresses of the applicant's officers, directors, managers, and administrators, if applicable.

(3) A line of credit from a federally insured, licensed lending institution in the amount of at least fifty thousand dollars.

(4) Evidence of compliance with the Louisiana Workers' Compensation Law, R.S. 23:1020.1 et seq.

(5) Evidence of general and professional liability insurance in the amount of at least three hundred thousand dollars.

(6) Any other relevant information that the department determines is necessary to properly evaluate the applicant and application as required by the department by rule.

B. Each application for initial licensure shall be accompanied by a nonrefundable license fee, payable to the department, in an amount not to exceed one thousand five hundred dollars.

C. Following receipt of the completed initial licensing application and licensing fee, the department shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the department finds that the PACE provider meets the requirements of this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.

D. As a condition for renewal of license, the licensee shall continue to be approved and enrolled as a PACE organization by the Centers for Medicare and Medicaid Services for the Medicare and Louisiana Medicaid programs. In addition, the licensee shall submit to the department a completed annual renewal application on the forms prescribed by the department, which shall contain all information required by the department. Additionally, a nonrefundable annual renewal licensing fee in an amount not to exceed one thousand five hundred dollars shall be submitted with the annual renewal application. A PACE provider shall be assessed a delinquent fee of two hundred dollars for failure to timely renew its license. The delinquent fee shall be assessed and shall become due and payable to the department at 12:01 a.m. on the first day following the expiration date of the license.

E. Upon receipt of the completed annual renewal application and the annual renewal fee, and any applicable delinquent fee, the department shall determine if the PACE provider continues to meet the requirements established under this Part and under the licensing standards adopted pursuant to this Part. The department may perform an onsite survey and inspection upon annual renewal. If the provider continues to meet the requirements established under this Part and under the licensing standards adopted pursuant to this Part, a license shall be issued, which shall be valid for up to one year, unless otherwise revoked or suspended.

F. The department may perform an onsite survey or inspection at reasonable times as necessary to ensure compliance with this Part and the licensing standards adopted pursuant to this Part .

Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:94 — LA Code / Code revised-statutes / Title 40 / Section 94
Forms for collection of data
Status: in_force

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

(1) The age, marital status, and state and parish of domicile of the gestational carrier.

(2) The parish in which the in utero embryo transfer took place.

(3) The full name and address of the physician or physicians performing or attending to the following phases of the gestational carrier:

(a) In utero embryo transfer.

(b) Prenatal and postnatal care.

(c) Birth.

(d) Miscarriage.

(e) Induced abortion.

(4) The age, marital status, and state and parish of domicile of the intended parents.

(5) The medical reason necessitating the gestational carrier.

(6) The medical procedures employed in the birth, miscarriage, or termination of pregnancy for medical emergency as provided by R.S. 40:1061.23.

(7) The length and weight of the child born as a result of gestational carrier.

(8) The length and weight of an unborn child miscarried after the initiation of a gestational carrier.

(9) Other significant conditions or health complications of the unborn child and gestational carrier.

(10) The results of pathological examinations of any unborn child who died as a result of pregnancy complications or termination incidental to a gestational carrier.

Acts 2016, No. 494, §4.
La. Rev. Stat. § 40:1153.2 — LA Code / Code revised-statutes / Title 40 / Section 1153.2
Illustrative form; military advance medical directives
Status: in_force

The following is an illustrative form of a military advance medical directive suggested for use by military personnel or other eligible persons who reside in the state of Louisiana:

LOUISIANA'S MILITARY ADVANCE MEDICAL DIRECTIVE

STATE OF LOUISIANA

PARISH OF ________________

This is a MILITARY ADVANCE MEDICAL DIRECTIVE prepared pursuant to Title 10, United States Code, Section 1044(c). It was prepared by an attorney who was authorized to provide legal assistance for an individual who was eligible to receive legal assistance. Federal law exempts this advance medical directive from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State. Federal law specifies that this advance medical directive shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned. (This paragraph must be in bold type.)

Additionally, this form is specifically designed for use under Louisiana law. It is suggested for use by any person authorized to receive legal assistance from the military service in accordance with federal or state law, who by these presents represents and warrants that he is so eligible. Any person to whom this form is presented may conclusively rely on the authority purportedly granted hereunder.

BE IT KNOWN on this ___ day of ______, 19__, before me, an attorney authorized to render legal assistance to persons eligible for legal assistance under the provisions of 10 U.S.C. 1044 or the regulations of the Department of Defense, personally came and appeared _________________________, who declared that he is a member of the ________________________, a branch of the military designated in R.S. 40:1153.1, or is otherwise included thereunder, and did execute and sign the following declaration:

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

If at any time I should have an incurable injury, disease or illness, or be in a continual profound comatose state with no reasonable chance of recovery, certified to be a terminal and irreversible condition by two physicians who have personally examined me, one of whom shall be my attending physician, and the physicians have determined that my death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to prolong artificially the dying process, I direct that such procedures, including hydration and sustenance, be withheld or withdrawn and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care.

[[Optional:] In the absence of my ability to give further directions regarding the use of such life-sustaining procedures, I authorize __________________, caretaker, to make treatment decisions on my behalf and I have discussed my desires concerning terminal care with this person and I trust his/her judgment on my behalf.]

Should my caretaker be an absent person or cease or otherwise fail to act or if a caretaker has not been named in this declaration, it is my intention that this declaration be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.

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

Signed: ____________________

City, Parish, and State of Residence ____________________

___________________________

(SIGNATURE OF ATTORNEY)

Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.61 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:599.12 — LA Code / Code revised-statutes / Title 40 / Section 599.12
Property rights
Status: in_force

A. With respect to property held or owned by the authority, the authority may:

(1) Grant or acquire a license, an easement, or an option.

(2) Set, charge, and collect rents, fees, and charges for use of the property.

(3) Pay taxes or special assessments due.

(4) Take any action, provide any notice, or institute any proceeding required to clear or quiet title in order to establish ownership by and vest title to property in the authority.

(5) Abate violations of the local and state buildings, fire, health, and related codes.

(6) Hold, manage, maintain, operate, repair, lease as lessor, secure, and prevent the waste or deterioration of, or demolish the property and take all other actions necessary to preserve the value of the property.

B. An authority shall be made a party to, and shall defend any action or proceeding concerning, claims against property held by the authority.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1575 — LA Code / Code revised-statutes / Title 40 / Section 1575
Inspection of premises; orders for repair or removal of dangerous conditions
Status: in_force

A. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any structure, watercraft, or movable within the state except the interiors of private and one- or two-family dwellings.

B. Whenever the inspecting officer finds any such structure, watercraft, or movable, which, for any cause, is especially liable to fire or dangerous to life or which is so situated as to endanger other property or the occupants thereof, he shall order the dangerous materials removed, the condition of the premises remedied, or the premises razed. The occupant of the structure, watercraft, or movable shall not permit it to be used until the fire marshal certifies that the hazardous conditions have been eliminated.

C. Among the causes which render a structure, watercraft, or movable especially liable to fire or dangerous to life are the following:

(1) Want of repairs.

(2) Age or deteriorated condition.

(3) Lack of sufficient fire alarm or fire extinguishing apparatus.

(4) Lack of adequate means of ingress and egress.

(5) Lack of adequate, unrestricted passageways to the entrances and exits.

(6) Presence of combustible, explosive, or inflammable material.

Amended by Acts 1952, No. 340, §5; Acts 2003, No. 414, §1.
La. Rev. Stat. § 40:2179 — LA Code / Code revised-statutes / Title 40 / Section 2179
Establishment of Direct Service Worker Registry
Status: in_force

A. There is hereby established within the Louisiana Department of Health the Direct Service Worker Registry which is to be maintained by the department. Access to the registry shall be limited to an inquiry for a specific direct care worker.

B.(1) The department shall promulgate rules and regulations necessary for the maintenance of the registry which shall include but not be limited to rules and regulations defining minimum mandatory qualifications and requirements for direct service workers. Such rules shall include the establishment of criteria regarding any parent, stepparent, grandparent, brother, sister, aunt, or uncle of a recipient serving as a paid direct service worker and shall provide for the grandfathering in of any relative serving as a direct support worker as of July 1, 2008.

(2) It is the policy of the state that the parent, stepparent, grandparent, son, daughter, brother, sister, aunt, or uncle of a recipient may not serve that recipient as a paid direct service worker unless the relative meets the criteria established by rule and has received a waiver issued by the secretary of the department or his designee stating that the relative is the best available appropriate direct service worker for the recipient being served. This Section shall be effective upon approval by Centers for Medicare and Medicaid Services of the necessary waiver and state plan amendments.

C. The provisions of this Part shall apply to direct service workers who are compensated, regardless of the setting, and specifically do not apply to those direct service workers listed on the Certified Nurse Aide Registry established under rules promulgated by the Louisiana Department of Health.

D. The provisions of this Part shall not apply to religious nonmedical nursing personnel providing services through a religious nonmedical health care institution as defined in 42 U.S.C. 1395x.

Acts 2005, No. 306, §2, eff. June 29, 2005; Acts 2008, No. 333, §1; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1251.2 — LA Code / Code revised-statutes / Title 40 / Section 1251.2
Purpose
Status: in_force

A. The purpose of this Part is to provide for a Medicaid Buy-In Program for persons with disabilities in Louisiana. This program is intended to help working people with disabilities live above the poverty level by providing needed health care coverage. This program is also intended to enable some recipients of Supplemental Security Disability Insurance benefits to return to work and to receive Medicaid as a supplement to private or Medicare insurance.

B. This program is intended to help persons with severe mental illnesses who can work if they are on medication and those with severe physical disabilities who need medical supports in order to work.

Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2175.2 — LA Code / Code revised-statutes / Title 40 / Section 2175.2
Purpose
Status: in_force

The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the health, safety, and welfare of women in outpatient abortion facilities and for the safe operation of such facilities. The rules shall be reasonably related to the purpose expressed in this Section and shall not impose a legally significant burden on a woman's freedom to decide whether to terminate her pregnancy, except when the provisions of R.S. 40:1061.1 apply.

Acts 2001, No. 391, §1; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:2115.32 — LA Code / Code revised-statutes / Title 40 / Section 2115.32
Definitions
Status: in_force

For purposes of this Subpart, the following definitions shall apply:

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

(2) "Emergency medical services" means those medical services necessary to screen, evaluate, and stabilize an emergency medical condition of recent onset and severity, including severe pain, that would lead a prudent layperson, acting reasonably and possessing an average knowledge of health and medicine, to believe that the absence of immediate medical attention could reasonably be expected to result in placing the health of the individual in serious jeopardy, serious impairment to bodily function, or serious dysfunction of any bodily organ or part.

(3) "Freestanding emergency department" means a healthcare facility that holds itself out to the public as providing emergency medical services and is not licensed as part of the main campus of a hospital or as an off-site campus of a hospital.

(4) "Healthcare facility" means a facility, including but not limited to a hospital, or an office where a healthcare provider furnishes care to patients for health needs or medical conditions.

(5) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide healthcare or medical treatment in the ordinary course of business or practice of a profession.

(6) "Hospital" means an entity as defined in R.S. 40:2102.

(7) "Off-site campus" means all licensed premises where emergency, inpatient, or outpatient hospital services are provided and that are not a part of or adjoining to the main hospital building or grounds. For licensing purposes, an off-site campus shall be located within thirty-five miles of the main hospital campus.

(8) "Rural hospital" means an entity as defined in R.S. 40:1189.3 or, for purposes of this Subpart, a hospital that is in a parish with a population of greater than seventy thousand but less than ninety thousand as of the latest federal decennial census.

Acts 2019, No. 438, §1.
La. Rev. Stat. § 40:1664.15 — LA Code / Code revised-statutes / Title 40 / Section 1664.15
Purchased life safety and property protection system
Status: in_force

A. Each firm engaged in life safety and property protection contracting who sells a life safety or property protection system to a consumer shall return the lockout, installer, or programming code of the system to the factory default setting within five business days following notification when the consumer cancels the contract with the firm provided all original contractual obligations are fulfilled.

B. In addition to the penalties provided in this Subpart, any life safety and property protection contracting firm who violates this Section shall have its license revoked and be subject to a civil fine pursuant to this Subpart.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.
La. Rev. Stat. § 40:1554 — LA Code / Code revised-statutes / Title 40 / Section 1554
Director; staff
Status: in_force

A. The board of commissioners shall appoint a director of the district. The director shall serve as secretary-treasurer of the board. The director shall assume full responsibilities as director of the district, shall receive a salary fixed by the board, and shall serve at the pleasure of the board.

B. The board shall appoint such staff as is necessary to assist the director in the operation of the district.

Acts 2001, No. 188, §1, eff. May 31, 2001.
La. Rev. Stat. § 40:1812 — LA Code / Code revised-statutes / Title 40 / Section 1812
Exemptions
Status: in_force

The provisions of this Part shall not apply to:

(1) Law enforcement officers and employees acting in the lawful performance of their duties.

(2) Law enforcement or other authorized agencies conducting a firearms training course, operating a forensic ballistics laboratory, or specializing in the development of ammunition or explosive ordinance.

(3) Department of Corrections officials and employees authorized to carry firearms while engaged in the performance of their official duties.

(4) Members of the armed services or reserve forces of the United States or Louisiana National Guard while engaged in the performance of their official duties.

(5) Federal officials authorized to carry firearms while engaged in the performance of their official duties.

(6) The lawful manufacture, importation, sale, purchase, possession, or transfer of armor-piercing bullets exclusively to or for persons authorized by law to possess such bullets.

(7) A bona fide collector licensed by the Department of Public Safety.

Added by Acts 1983, No. 284, §1.
La. Rev. Stat. § 40:2401.1 — LA Code / Code revised-statutes / Title 40 / Section 2401.1
Prohibition against quotas
Status: in_force

A. No municipality or any police department thereof, nor any parish or any sheriff's department thereof, shall establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer on the basis of the officer making a predetermined or specified number of any type or combination of types of arrests or require or suggest to a law enforcement officer, that the law enforcement officer is required or expected to make a predetermined or specified number of any type or combination of types of arrests within a specified period.

B. No municipality or any police department thereof, nor any parish or any sheriff's department thereof, shall establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer on the basis of the officer's issuance of a predetermined or specified number of any type or combination of types of traffic citations or require or suggest to a law enforcement officer, that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period.

C. No state agency, political subdivision, or law enforcement agency shall offer a financial reward or other benefit to a law enforcement officer which is determined by or based on the number of citations issued.

D. This Section shall not prohibit a municipality from obtaining budgetary information from a municipal court or a municipal court of record, including an estimate of the amount of money the court anticipates will be collected in a budget year.

Acts 2008, No. 479, §1, eff. June 25, 2008.
La. Rev. Stat. § 40:1170.1 — LA Code / Code revised-statutes / Title 40 / Section 1170.1
Legislative findings; declaration
Status: in_force

A. The legislature hereby finds all of the following:

(1) A developmental, intellectual, or physical disability does not diminish a person's right to health care.

(2) The provisions of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), prohibit discrimination against persons with disabilities, yet many individuals with disabilities experience discrimination in accessing critical healthcare services.

(3) In some cases, persons with developmental, intellectual, or physical disabilities have been denied life-saving organ transplants based on beliefs or assumptions by healthcare providers that those persons are incapable of complying with post-transplant medical requirements, or that they lack adequate support systems to ensure compliance with those medical requirements.

(4) Although organ transplant centers must consider medical and psychosocial criteria when determining whether a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs.

B. The legislature hereby declares that Louisiana residents in need of organ transplants shall be entitled to an assurance that they will not encounter discrimination on the basis of a disability.

Acts 2019, No. 57, §3, eff. May 30, 2019.
La. Rev. Stat. § 40:1285.9 — LA Code / Code revised-statutes / Title 40 / Section 1285.9
Violations; enforcement
Status: in_force

A. Any violation of R.S. 40:1285.6, 1285.7, or 1285.8 may be treated by any party as a violation of the state, municipal, or parochial health codes and all procedures and remedies applicable to such violations of the codes shall be available to correct, deter, or punish violations of the provisions. The district and appellate courts shall have jurisdiction to enforce the provisions to the same extent that the courts have jurisdiction to enforce the codes.

B. All local health officers, health unit supervisors, or other code enforcement agencies shall enforce R.S. 40:1285.6, 1285.7, and 1285.8 in the same manner and with the same authority as they may enforce the health code.

C. The state health officer shall have concurrent responsibility and authority to enforce R.S. 40:1285.6, 1285.7, and 1285.8 and in so doing shall have available to him all powers and authority which shall be available to local health officers and health unit supervisors. The state health officer's responsibility with respect to objects sold or placed into commerce in violation of R.S. 40:1285.8 is limited to those instances where the state officer or his personnel are notified of such violation.

D. Violations of R.S. 40:1285.6, 1285.7, and 1285.8 shall be treated as emergency matters, and shall be given preference by enforcing agencies and speedy hearings by district and appellate courts.

Added by Acts 1972, No. 371, §1. Acts 1988, No. 626, §1; Acts 2011, No. 362, §1, eff. Jan. 1, 2013; Redesignated from R.S. 40:1299.28 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1300.43 — LA Code / Code revised-statutes / Title 40 / Section 1300.43
Restroom access
Status: in_force

A. Any retail establishment that has a restroom for employee use, which does not permit individuals to access the employee restroom, shall allow an individual to use the restroom during normal business hours if the restroom is maintained in a reasonably safe manner and all of the following conditions are met:

(1) The individual requesting access to the employee restroom presents a copy of a written statement, signed, and issued by a healthcare provider on the healthcare provider's letterhead or of a facility with which the healthcare provider is associated, stating that the individual suffers from an eligible medical condition as provided in R.S. 40:1123.2 or utilizes an ostomy device.

(2) A public restroom is not immediately accessible to the individual.

(3) The employee restroom is located in an area of the retail establishment where access would not create an obvious risk to the health or safety of the individual or create an obvious security risk to the retail establishment.

B. This Section shall not apply to any retail establishment that meets either of the following criteria:

(1) It sells prescription drugs, if the employee restroom is located in an area where the individual may gain access to any prescription drugs.

(2) It maintains records or information that are subject to the Health Insurance Portability and Accountability Act of 1996, if the employee restroom is located in an area where the records or information may be accessed.

Acts 2021, No. 444, §1; Acts 2022, No. 271, §§4, 9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.3.
La. Rev. Stat. § 40:1046.3 — LA Code / Code revised-statutes / Title 40 / Section 1046.3
Therapeutic marijuana laboratory; licensure and renewal requirements
Status: in_force

A.(1) Prior to analyzing, testing, or handling therapeutic marijuana in Louisiana, an applicant for a therapeutic marijuana laboratory license shall submit an initial license application on a form and in a manner prescribed by the Louisiana Department of Health, referred to hereafter in this Section as the "department".

(2) Approved laboratories may include the Department of Agriculture and Forestry agricultural chemistry laboratory; the colleges, universities, other institutions, and systems governed by the Louisiana Board of Regents; public-private partnerships involving the systems, colleges, and universities governed by the Louisiana Board of Regents and private laboratories; and private laboratories. The Department of Agriculture and Forestry agricultural chemistry laboratory shall be exempt from the application process and deemed approved but shall comply with Subparagraphs (d) and (e) of this Paragraph. All other applicants shall meet all of the following requirements:

(a) Provide proof of accreditation through either of the following:

(i) Be accredited by the National Institute on Drug Abuse, the National Environmental Laboratory Accreditation Conference, the International Organization for Standardization, or other accrediting entity approved by the department, which accreditation shall be maintained in active and good standing or other substantially similar status for the duration of licensure.

(ii) Comply with both of the following criteria:

(aa) Provide documentation that the owner has operated a state-approved, active medical marijuana laboratory in another state for at least the past twelve months.

(bb) Be accredited by the International Organization for Standardization or other accrediting entity approved by the department or have an application pending for International Organization for Standardization accreditation. If the accreditation is not achieved within nine months of the department's inspection, the department shall not accept any additional certificates of analysis from the laboratory until the accreditation is received.

(b) Employ or hire a laboratory director or other qualifying individual. The laboratory director or other qualifying individual and any persons involved in the testing of marijuana or marijuana products or whose involvement with the laboratory requires or authorizes access to restricted limited access areas of the laboratory shall obtain a permit in accordance with the requirements of R.S. 40:1047.

(c) Submit to at least one on-site facility inspection conducted by the department prior to licensure.

(d) Implement and utilize the Louisiana Medical Marijuana Tracking System (LMMTS) computerized inventory tracking system to post accurate analyses and results, which shall be subject to review by the department. Payment of any costs associated with access to or implementation or use of LMMTS shall be the responsibility of the laboratory exclusively.

(e) Demonstrate acceptable laboratory performance standards regarding accuracy, precision, proficiency, reportable ranges, specificity, or other quality controls required by the department.

B.(1) Each therapeutic marijuana laboratory license shall be effective for one year and shall be renewed on or before December thirty-first annually.

(2) Each therapeutic marijuana laboratory licensee shall apply for license renewal on or before October thirty-first each year on a form and in a manner prescribed by the department.

(3) Any therapeutic marijuana laboratory license not timely renewed as required by this Subsection shall expire on December thirty-first at midnight. Upon expiration of the license, the laboratory shall cease all operations and destroy all marijuana or marijuana products physically remaining at its location.

(4) Prior to granting a license renewal application, the department shall ensure that the therapeutic marijuana laboratory licensee continues to meet the requirements of this Part, including but not limited to the licensee's compliance with Subsection A of this Section and its good standing with applicable requirements of the secretary of state. The department shall conduct an out-of-cycle inspection of the therapeutic marijuana laboratory licensee if necessary to ensure acceptable lab performance standards, accuracy, precision, proficiency, reportable ranges, specificity, or other quality controls and assurances necessary to protect Louisiana patients.

Acts 2022, No. 491, §1.
La. Rev. Stat. § 40:700.2 — LA Code / Code revised-statutes / Title 40 / Section 700.2
False advertisement
Status: in_force

A. An advertisement of a water treatment device is false if it is false or misleading in any particular regarding the water treatment device.

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

C. Except as provided in R.S. 40:700.3, it is unlawful for any person to disseminate false advertisement by any means for the purposes of inducing, directly or indirectly, the purchase of water treatment devices.

Added by Acts 1983, No. 507, §1.
La. Rev. Stat. § 40:1121.10 — LA Code / Code revised-statutes / Title 40 / Section 1121.10
Rules and regulations
Status: in_force

The secretary of the Louisiana Department of Health shall make all necessary rules and regulations for the carrying out of the purposes of this Subpart. These rules and regulations shall be printed in pamphlet or folder form in sufficient numbers for free distribution among physicians, sanitariums, and the general public.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1067 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2234 — LA Code / Code revised-statutes / Title 40 / Section 2234
Responsibilities of an enrollee
Status: in_force

An enrollee must be responsible for his own health care by becoming an informed and active participant in such care by:

(1) Living healthy lifestyles and averting behaviors known to be detrimental to one's health.

(2) Becoming knowledgeable about their policy's/plan's coverage provisions, rules, and restrictions.

(3) Asking questions of providers to determine the potential risks, benefits, and costs of treatment alternatives and then making care decisions after carefully weighing these and other pertinent factors.

(4) Cooperating fully with providers in following mutually acceptable courses of treatment, providing accurate medical and personal histories, being present at scheduled appointments and reporting on treatment progress, such as notifying caregivers promptly if serious side effects, complications, or worsening of the condition arises.

Acts 1995, No. 1212, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:1582 — LA Code / Code revised-statutes / Title 40 / Section 1582
Emergency elevator access; master key; substitute emergency measures; enforcement; penalty; rulemaking authority
Status: in_force

A. For each building in this state which is six or more stories in height, including but not limited to hotels and condominiums, which is constructed or substantially renovated after January 1, 2009, all of the keys for elevators that allow public access, including but not limited to service and freight elevators, shall be keyed so as to allow all elevators to operate in fire emergency situations with one master elevator key.

B. Each existing building in this state which is six or more stories in height shall comply with Subsection A of this Section before January 1, 2012. Each building in this state, except for one- and two-family dwellings, which is five or fewer stories in height in which a new elevator is installed after January 1, 2013, shall comply with Subsection A of this Section.

C. In addition to elevator owners, owners' agents, elevator contractors, state-certified inspectors, and state agency representatives, master elevator keys shall be issued only to the fire department in whose jurisdiction the building is located and shall not be issued to any other emergency response agency. A person shall not duplicate a master elevator key for issuance to, or issue such a key to, anyone other than the authorized fire department personnel. Each master elevator key shall be marked "DO NOT DUPLICATE".

D. If it is technically, financially, or physically impossible to bring a building into compliance with this Section, the state fire marshal may allow substitute emergency measures that will provide reasonable emergency elevator access.

E. The office of state fire marshal shall enforce this Section. Any person who fails to comply with the requirements of this Section is subject to an administrative fine of not more than one thousand dollars, in addition to any other penalty provided by law. All administrative fines shall be deposited into the Louisiana Fire Marshal Fund.

F. Architects and builders shall make every effort to use new technology and developments in keying systems which make it possible to convert existing equipment so as to provide efficient emergency elevator access.

G. The office of state fire marshal shall adopt rules, pursuant to the Administrative Procedure Act, to implement the provisions of this Section.

H. For the purposes of this Section, "substantially renovated" means an existing building which has alterations or repairs costing in excess of fifty percent of the then physical value of the building. The cost of alterations or repairs shall be established by an estimate signed by a licensed architect, by a licensed general contractor, or in the absence of either such licensed person, by the state fire marshal.

Acts 2008, No. 749, §1; Acts 2010, No. 367, §1.
La. Rev. Stat. § 40:1133.15 — LA Code / Code revised-statutes / Title 40 / Section 1133.15
Hazardous substance transportation emergencies; payment for emergency medical services
Status: in_force

The person or entity who in the course of transporting hazardous substances or materials causes or contributes to a discharge of a hazardous substance or material that causes an emergency condition shall be obligated to pay the reasonable costs of any emergency medical services provider whose presence or service, including standby, is requested at such hazardous substance emergency by any person authorized by the Department of Public Safety and Corrections or the Department of Environmental Quality to respond to a hazardous substance transportation emergency. Nothing in this Section shall affect the rights of any party to recover under any other provision of law.

Acts 1999, No. 209, §1; Redesignated from R.S. 40:1234.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1089.5 — LA Code / Code revised-statutes / Title 40 / Section 1089.5
Concussion information
Status: in_force

The office of public health within the Louisiana Department of Health shall promulgate and make available to all public and private middle schools, junior high schools, and high schools, private clubs, public recreation facilities, and each athletic league which sponsors youth athletic activities information which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury.

Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.185 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1173.1 — LA Code / Code revised-statutes / Title 40 / Section 1173.1
Findings; legislative intent
Status: in_force

A. The legislature hereby finds all of the following:

(1) As a result of rising healthcare costs, the shortage of health professionals and healthcare services in many areas of the state, and the concerns expressed by consumers, healthcare providers, third-party payers, and others involved with making informed decisions regarding healthcare services, treatment, and coverage, there is a need to have access to provider specific healthcare cost, quality, and outcome data on healthcare facilities, healthcare providers, and health plans as well as continued access to global patterns and trends in the availability, use, and charges for healthcare services and the associated health circumstances.

(2) Due to the rapidly expanding availability of and access to patient sensitive healthcare data, it is necessary to establish safeguards which ensure the level of protection of patient encounter data that Louisiana citizens deserve, and which protect the privacy of health information comprising data sets that are reported and disseminated to improve the population health of this state.

B. It is the intent of the legislature to improve transparency in prices and care quality measures by providing for the creation and maintenance of a useful and comprehensive health service information database that can be publicly accessed in a manner that ensures protection of individuals' confidential health information and respects providers of care.

Acts 1997, No. 622, §1, eff. July 3, 1997; Acts 2007, No. 410, §1; Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.111 by HCR 84 of 2015 R.S.; Acts 2015, No. 338, §1.
La. Rev. Stat. § 40:1563.4 — LA Code / Code revised-statutes / Title 40 / Section 1563.4
Imposition of civil penalties by the state fire marshal for violations
Status: in_force

A. The state fire marshal, in addition to any other provision of law providing penalties for violations, may impose a civil fine of up to one thousand dollars, for violation of any statute, rule promulgated through the Administrative Procedure Act, regulation, or code for which he is responsible for enforcing or any lawful order issued by him in writing and only after deadlines imposed in the order have expired. Where applicable, each day of violation shall constitute a separate violation. The state fire marshal shall, in accordance with the Administrative Procedure Act, promulgate a schedule of fines to be applicable to each area of enforcement responsibility.

B. All such penalties imposed may be appealed in accordance with the provisions of the Administrative Procedure Act.

C. All monies collected pursuant to a fine imposed under this Section shall be made payable to the office of state fire marshal, code enforcement and building safety and shall be deposited immediately upon receipt into the state treasury.

Acts 1991, No. 956, §1; Acts 1997, No. 789, §1.
La. Rev. Stat. § 40:16.1 — LA Code / Code revised-statutes / Title 40 / Section 16.1
Proceeds of any sale of the state facilities owned by the Louisiana Department of Health, office of behavioral health
Status: in_force

The proceeds of the sale of any former mental health facility properties which have been declared to be surplus property are to be dedicated to the renovation of any current mental health facilities being operated in the same area.

Acts 2003, No. 899, §1; Acts 2009, No. 384, §5, eff. July 1, 2010.
La. Rev. Stat. § 40:1061.5 — LA Code / Code revised-statutes / Title 40 / Section 1061.5
Employees of state and political subdivisions; counseling abortion prohibited
Status: in_force

No person employed by the state of Louisiana, by contract or otherwise, or any subdivision or agency thereof, and no person employed in any public or private social service agency, by contract or otherwise, including workers therein, which is a recipient of any form of governmental assistance, shall require or recommend that any woman have an abortion. Notwithstanding anything contained herein to the contrary, this Section shall not apply to a doctor of medicine, currently licensed by the Louisiana State Board of Medical Examiners pursuant to R.S. 37:1261 et seq., who is acting to save or preserve the life of the pregnant woman.

Added by Acts 1973, No. 72, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.34 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:34.13 — LA Code / Code revised-statutes / Title 40 / Section 34.13
Registration of acknowledgements and adjudications of paternity
Status: in_force

All acknowledgments of paternity properly executed in accordance with Louisiana law and adjudications of paternity by a Louisiana court shall be filed with the state registrar, office of vital records, in a central repository pursuant to 42 U.S.C. 666(a)(5)(M).

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:2405.7 — LA Code / Code revised-statutes / Title 40 / Section 2405.7
Human trafficking training; report to legislature
Status: in_force

A. The council shall provide training for law enforcement agencies in addressing human trafficking.

B. Such training shall focus on all of the following:

(1) Investigating human trafficking under R.S. 14:46.2.

(2) Investigating trafficking of children for sexual purposes under R.S. 14:46.3 and the special needs of sexually exploited children.

(3) Methods used in identifying United States citizens and foreign national victims of human trafficking, including preliminary interview techniques and appropriate questioning methods.

(4) Methods of increasing effective collaboration with nongovernmental organizations and other relevant social service organizations in the course of investigating and prosecuting a human trafficking case.

(5) Methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and the special needs of female and child victims.

(6) The necessity of treating victims of human trafficking as crime victims rather than criminals.

(7) Methods for promoting the safety of victims of human trafficking.

C. The council shall seek input and participation of appropriate nongovernmental organizations and other relevant organizations in the preparation and presentation of training called for in this Section.

D.(1) Within one year of employment, all peace officers, as defined in R.S. 40:2402, shall receive seven hours of training on human trafficking from the Council on Peace Officer Standards and Training's online Learning Management System program. All peace officers employed on August 1, 2022, who have been employed for one year or more, shall receive seven hours of training on human trafficking from the Council on Peace Officer Standards and Training's Learning Management System program by December 31, 2022.

(2) Beginning in 2023, the Council on Peace Officer Standards and Training shall report compliance percentages of human trafficking training to the Senate Committee on Judiciary B and the House Committee on Judiciary from the previous year not later than February fifteenth of each year.

E. The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the Senate Committee on Judiciary B and the House Committee on Judiciary, for the implementation of the human trafficking training program.

Acts 2014, No. 564, §3; Acts 2022, No. 538, §1.
La. Rev. Stat. § 40:1796 — LA Code / Code revised-statutes / Title 40 / Section 1796
Preemption of state law
Status: in_force

A. No governing authority of a political subdivision shall enact or enforce any ordinance, order, regulation, policy, procedure, rule, or any other form of executive or legislative action more restrictive than state law concerning in any way the manufacture, sale, purchase, possession, carrying, storage, ownership, taxation, transfer, transportation, license, or registration of firearms, ammunition, components of firearms or ammunition, firearms accessories, knives, edged weapons, or any combination thereof. Any existing ordinance, order, regulation, policy, procedure, rule, or any other form of executive or legislative action in violation of this Subsection shall be null and void and of no effect.

B. A political subdivision shall repeal, rescind, or amend to conform any ordinance, order, regulation, policy, procedure, rule, or any other form of executive or legislative action in violation of this Section within six months after August 1, 2024.

C. A person or an organization whose membership is adversely affected by any ordinance, order, regulation, policy, procedure, rule, or any other form of executive or legislative action promulgated or caused to be enforced in violation of this Section may file suit against an offending political subdivision in any court of this state having jurisdiction for declaratory and injunctive relief. A court shall award a prevailing plaintiff in any such suit reasonable attorney fees and costs including expert witness fees and expenses.

D. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which the declared state of emergency or disaster exists.

E. For the purposes of this Section:

(1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

(2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.

F. This Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes, and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in the commercial establishments and public buildings enumerated in R.S. 40:1379.3(N).

Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1; Acts 2020, No. 299, §1; Acts 2024, No. 59, §1.
La. Rev. Stat. § 40:31.29 — LA Code / Code revised-statutes / Title 40 / Section 31.29
Costs
Status: in_force

A. Court costs not to exceed one hundred dollars per hearing shall be established by the court and ordered paid in the discretion of the court by the Louisiana Department of Health and shall be disbursed based on a schedule of costs to be established and administered by the court presiding over the matter.

B. Reasonable compensation of appointed counsel shall be established by the court. If it is determined by the court that the costs shall not be borne by the person, then compensation to the attorney shall be paid by the Louisiana Department of Health based upon a schedule of costs to be established and administered by the court presiding over the matter, but not to exceed two hundred dollars per hearing per confined person. The person shall have the right to privately retained and paid counsel at any time.

C. A court reporter recording any of the proceedings and preparing any transcripts provided for by this Part shall be paid by the Louisiana Department of Health based upon a schedule of costs to be established and administered by the court presiding over the matter. Such costs shall not exceed two hundred dollars per month.

Acts 1995, No. 373, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:2009.5 — LA Code / Code revised-statutes / Title 40 / Section 2009.5
Investigation; issuance of license
Status: in_force

Upon receipt of an application for a license hereunder, the department shall cause a thorough investigation to be made of the home proposed to be licensed and if satisfied that the minimum standards prescribed by it are met, it shall issue a license for a period of one year. The department may, either before or after the issuance of a license, designate the state fire marshal, parish and multiple parish health units, or municipal boards of health to make investigations relating to the minimum standards prescribed by it, and all such agencies shall cooperate with and comply with requests of the department hereunder. The report and recommendations of any such agency shall be in writing and shall state with particularity its findings with respect to compliance or noncompliance with such minimum standards.

Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §3.
La. Rev. Stat. § 40:2175.5 — LA Code / Code revised-statutes / Title 40 / Section 2175.5
Rules; regulations; licensing standards
Status: in_force

The licensing agency shall promulgate and publish rules, regulations, and licensing standards to provide for the health, safety, and welfare of women in outpatient abortion facilities and for the safe operation of such facilities. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the Louisiana Department of Health in accordance with the Administrative Procedure Act. The initial rules, regulations, and licensing standards shall not become effective until approved by the House Committee on Health and Welfare and the Senate Committee on Health and Welfare. No outpatient abortion facility shall be required to obtain a license under this Part until the initial rules, regulations, and licensing standards are adopted and promulgated in accordance with the Administrative Procedure Act.

Acts 2001, No. 391, §1.
La. Rev. Stat. § 40:1613 — LA Code / Code revised-statutes / Title 40 / Section 1613
Tents; fire resistant
Status: in_force

A. No person shall offer for sale or manufacture within this state, after January 1, 1975, any tent, regardless of the size or description thereof, unless such tent is made of a fire resistant material or has been treated to render it fire resistant. The fire marshal may prescribe specific requirements to carry out the purpose of this section.

B. The fire marshal shall be responsible for the enforcement of this section. Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any tent being offered for sale or sold in this state or the premises of any establishment engaged in the manufacture of tents in this state for the purpose of determining compliance with this section. Whenever the inspecting officer finds any incidence of noncompliance with this section he shall issue an appropriate order to assure compliance, to have the tents removed from the premise or to remedy the incidence of noncompliance in whatever manner he may deem appropriate.

C. Whoever fails to comply with an order of the fire marshal under the provisions of this section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each violation hereunder shall constitute a separate offense.

Added by Acts 1974, No. 264, §1.
La. Rev. Stat. § 40:1227.5 — LA Code / Code revised-statutes / Title 40 / Section 1227.5
Qualifications for patients
Status: in_force

To qualify for participation in remote patient monitoring services, a patient shall have a recommendation from the patient's healthcare provider for disease management services through remote patient monitoring and shall meet one of the following criteria:

(1) Has been diagnosed with one or more chronic conditions, as defined by the Centers for Medicare and Medicaid Services, including but not limited to sickle cell disease, mental illness, asthma, diabetes, cancer, and heart disease.

(2) Has a recent history of costly service use due to one or more chronic conditions as evidenced by two or more hospitalizations, including emergency room visits, in the last twelve months.

(3) Is a pregnant or postpartum woman.

(4) Is an infant who has been discharged from a hospital after requiring neonatal intensive care.

Acts 2024, No. 749, §1; Acts 2025, No. 322, §1, eff. June 11, 2025.
La. Rev. Stat. § 40:1491 — LA Code / Code revised-statutes / Title 40 / Section 1491
Definitions
Status: in_force

When used in this Part, the following terms have these meanings:

(1) "District" means a fire protection district created under the provisions of this Part.

(2) "Board" means a board of commissioners, governing a fire protection district.

Amended by Acts 1975, No. 17, §1.
La. Rev. Stat. § 40:2203 — LA Code / Code revised-statutes / Title 40 / Section 2203
Authorization for preferred provider organizations
Status: in_force

A. Any group purchaser may contract with any provider in any contractual agreement or agreements to form a preferred provider organization.

B. Such agreement shall not be construed to authorize a group purchaser to furnish medical services unless the purchaser is otherwise licensed to do so, nor shall such agreement authorize a group purchaser to direct or control the provision or selection of forms or types of medical services to the group members.

C. Group purchaser members participating in preferred provider organizations shall be guaranteed access to their standard benefits under the terms of their policy, employee benefits, self-funded organization benefits, or Taft-Hartley trust benefits, regardless of whether they choose a preferred provider or a provider who does not participate in the preferred provider contract.

D. Any entity serving as a broker or intermediary under the provisions of R.S. 40:2202(3)(b) who contracts to write or sell insurance shall be subject to the provisions of Title 22 of the Louisiana Revised Statutes of 1950. However, any entity which serves as a broker or intermediary for the formation of a preferred provider organization for a governmental body shall not be entitled to collect any fee for serving as such broker or intermediary under this Part.

E. Any person requiring emergency medical services shall be entitled to use any available provider without being denied the basic benefits provided under his policy or benefits program.

Added by Acts 1984, No. 374, §1, eff. July 6, 1984; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1121.1 — LA Code / Code revised-statutes / Title 40 / Section 1121.1
Definition
Status: in_force

In this Subpart, "venereal disease" means syphilis, gonorrhea, chancroid, or any other infectious disease primarily transmitted from one person to another by means of a sexual act.

Acts 2007, No. 153, §1; Redesignated from R.S. 40:1061 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2120.11 — LA Code / Code revised-statutes / Title 40 / Section 2120.11
Short title
Status: in_force

This Part shall be known and may be cited as the "Nurse Staffing Agency Licensing Law".

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:2199.16 — LA Code / Code revised-statutes / Title 40 / Section 2199.16
Acts of workplace violence at licensed healthcare facilities; reporting required
Status: in_force

A. Each regulated entity shall report to the proper authority, as required by the entity's workplace violence prevention plan, any instance of workplace violence that occurs on its property.

B. If an instance of workplace violence at a regulated entity's facility results in injury, involves the use of a firearm or other dangerous weapon, or presents an urgent or emergent threat to the welfare, health, or safety of facility personnel, the regulated entity shall report the incident within twenty-four hours.

Acts 2022, No. 461, §§1, 2B.
La. Rev. Stat. § 40:2120.22 — LA Code / Code revised-statutes / Title 40 / Section 2120.22
Operation without a license; penalty
Status: in_force

A. A nurse staffing agency shall not operate without a license issued by the department. Any person, partnership, corporation, unincorporated association, or other legal entity operating such an agency without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to ensure enforcement.

B. If a person, partnership, corporation, unincorporated association, or other legal entity is operating a nurse staffing agency without a license issued by the department, the department may have the authority to issue an immediate cease and desist order to that person, partnership, corporation, unincorporated association, or other legal entity. Any such agency receiving a cease and desist order from the department shall immediately cease operations until such time that the agency is issued a license by the department.

C. The department shall seek an injunction in the Nineteenth Judicial District Court against any person, partnership, corporation, unincorporated association, or other legal entity operating an agency that receives a cease and desist order from the department in accordance with Subsection B of this Section and that does not cease operations immediately. Any such person, partnership, corporation, unincorporated association, or other legal entity operating an agency against which an injunction is granted shall be liable to the department for attorney fees, costs, and damages.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:600.42 — LA Code / Code revised-statutes / Title 40 / Section 600.42
Petition for reinstatement
Status: in_force

A. Any petition for reinstatement of the owner's control and possession of the property filed pursuant to R.S. 40:600.41 shall:

(1) Include an agreement by the owner to complete the rehabilitation plan.

(2) Provide legally binding assurances that the owner will comply with all conditions of any grant or loan secured by the local governmental subdivision or repay those grants or loans in full, at the discretion of the maker of the loan or grant.

B. If the requirements of the petition are met, the court shall reinstate the owner to possession, control, and use of the property.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:1715 — LA Code / Code revised-statutes / Title 40 / Section 1715
Penalty
Status: in_force

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

Added by Acts 1972, No. 719, §1.
La. Rev. Stat. § 40:1026 — LA Code / Code revised-statutes / Title 40 / Section 1026
Contraband; condemnation proceedings
Status: in_force

All instruments, devices, and objects which are seized after the effective date of this Section, on condemnation as being distributed or possessed in violation of this Part, may be destroyed by the authorities making the seizure, but only after compliance with the following procedure. Within ninety days after any seizure is made after the effective date of this Section, the district attorney shall institute condemnation proceedings in district court by petition, a copy of which shall be served upon the owner of the seized items, if known. If the owner is unknown, notice of the proceedings shall be published once a week for two weeks in the official journal of the parish. The petition shall allege that the seized items were distributed or possessed in violation of this Part. Fifteen days after the filing of the petition, judgment by default shall be entered by the court, and the court shall order the seized items to be destroyed. Otherwise, the case shall proceed as other civil cases in said court. If the prosecution proves, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of the law, the court shall order the seized items to be destroyed.

Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1012 — LA Code / Code revised-statutes / Title 40 / Section 1012
Authority to contract
Status: in_force

In accordance with the Public Bid Law, R.S. 38:2211 et seq., the board shall have the authority to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. Any contractor shall be bound to comply with provisions regarding confidentiality of prescription information in R.S. 40:1007 and further shall be subject to the penalties specified in R.S. 40:1009 for unlawful acts.

Acts 2006, No. 676, §1, eff. July 1, 2006.
La. Rev. Stat. § 40:2009.15 — LA Code / Code revised-statutes / Title 40 / Section 2009.15
Investigation report
Status: in_force

A. The report of the investigation by the department shall state whether any state licensing law, or any minimum standard, rule, regulation, or plan of correction of the Louisiana Department of Health, or any federal certification rule affecting the health care provider, or any standard relating to the health, safety, care, or treatment of consumers has been violated. If such violation is found to exist, the appropriate departmental staff shall promptly provide notice to the secretary or his designee of such violation. The secretary or his designee shall take appropriate action as authorized by Subsection B of this Section. Results of the investigation, including any notification of violations or deficiencies as provided in Subsection C of this Section, shall be sent by certified mail or hand delivered to the complainant and to the health care provider.

B. Upon receipt of such notice of violation from the department, the secretary shall consider:

(1) For violation of a federal certification rule or standard, appropriate action to terminate the health care provider's participation in the Medicaid program, the Medicare program, or both.

(2) For any violation which jeopardizes the health or safety of the consumer or consumers, appropriate steps to revoke the license pursuant to the authority granted under the licensing law for that type of health care provider.

(3) For any identified violations, imposing a sanction against the health care provider as authorized by law.

C.(1) If deficient practices are identified, the department shall notify the health care provider of the violation, list the rules or laws violated, and solicit a plan of correction from the health care provider.

(2) A health care provider which is required to correct identified violations may submit a written request to the department for informal reconsideration regarding the validity of the violations of the law or rule specified in the notice. This request must be received by the department within ten days of the health care provider's receipt of the notice. The complainant shall also be afforded an opportunity to request an informal reconsideration of the findings. Such a request must be made within thirty days of the complainant's receipt of the results of the investigation. The department shall schedule the requested informal reconsideration in a timely manner.

(3) The time periods specified in this Subsection shall commence with receipt by the health care provider of the notice specifying the corrective actions to be taken.

Added by Acts 1978, No. 687, §2; Acts 1990, No. 859, §1; Acts 1997, No. 1002, §§1, 2.
La. Rev. Stat. § 40:1749.23 — LA Code / Code revised-statutes / Title 40 / Section 1749.23
Enforcement and adjudication; administration; levy of civil penalties
Status: in_force

A. Except as provided in R.S. 40:1749.27, the provisions of this Part may be enforced by the Department of Public Safety and Corrections or by any local law enforcement agency. The Department of Public Safety and Corrections or its designee may provide forms, including citation, complaint, and incident report forms, to other law enforcement agencies for use in enforcement of the provisions of this Part.

B. The deputy secretary for the office of public safety services in the Department of Public Safety and Corrections or any local law enforcement agency shall have the right to:

(1) Exclusively monitor excavation or demolition that is subject to the provisions of this Part to ensure compliance with the provisions of this Part, including requesting the production by the excavator or demolisher of the locate request number issued by the regional notification center.

(2) Issue citations for violations of the provisions of this Part in addition to other enforcement powers provided by law.

(3) Seek restraining orders, injunctions, or other civil remedies to halt or prevent violations of the provisions of this Part.

C. Proceedings and adjudications for the levying of civil penalties under this Part shall be conducted by the division of administrative law in accordance with regulations adopted pursuant to the Administrative Procedure Act.

D. The secretary of the Department of Public Safety and Corrections or his designee may promulgate rules and regulations for the implementation and administration of the provisions of this Part relative to enforcement, which shall include developing a procedure for reporting and investigating complaints of violations of this Part that includes the following:

(1) Establishing a centralized complaint reporting point using a toll-free phone number that is available to contractors, utility operators, and the general public.

(2) Establishing a uniform complaint form to record the complainant's name and identifying information, the nature and details of the complaint, the geographic location of the complaint, any information about excavators, the date and time of the complaint, the date and time of the complaint report, and whether any collateral damage or off-site impact occurred including information about that impact or damage.

(3) Establishing a procedure to investigate the validity of the complaint using information provided by but not limited to certified regional notification centers with jurisdiction in the reported geographic area.

(4) Establishing a procedure for determining the appropriate law enforcement agency in the reported geographic area that will be responsible for investigating the complaint and for forwarding the complaint report to that law enforcement agency.

(5) Establishing a procedure for the law enforcement agency to completely investigate a complaint and obtain the information needed to issue a citation and adjudicate the complaint.

(6) Establishing a procedure for receiving citations issued by law enforcement agencies, determining whether the cited party wishes to contest the charge, and transferring contested citations to the division of administrative law for adjudication.

(7) Establishing a procedure for recording the number of citations issued and their disposition.

(8) Establishing procedures for collecting civil penalties for deposit into the Underground Damages Prevention Fund and disbursing those civil penalties according to the provisions of this Part.

Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 162, §1; Acts 2017, No. 218, §2, eff. June 14, 2017.
La. Rev. Stat. § 40:1800 — LA Code / Code revised-statutes / Title 40 / Section 1800
Firearms; hold agreements; limitation of liability
Status: in_force

A. For the purposes of this Section:

(1) "Federal firearms licensee" means any person licensed pursuant to Chapter 44 of Title 18 of the United States Code.

(2) "Firearm" means an instrument as defined in 18 U.S.C. 921, R.S. 14:37.4 or 95.1, or R.S. 40:1781.

(3) "Firearm hold agreement" means a private transaction between a federal firearms licensee and an individual firearm owner where the licensee takes physical possession of the owner’s lawfully possessed firearm at the owner's request, holds the firearm for an agreed period of time, and returns the firearm to the owner according to the terms of the transaction.

B.(1) No person shall have a cause of action against a federal firearms licensee operating lawfully in the state of Louisiana for any act or omission arising from a firearm hold agreement and resulting in personal injury or death of any natural person, including the return of any firearms to the individual firearm owner by a federal firearms licensee at the termination of a firearm hold agreement.

(2) The immunity from civil liability provided in Paragraph (1) of this Subsection shall not apply to any action arising from a firearm hold agreement if such action was the result of otherwise unlawful conduct on the part of the licensee.

(3) This Section shall not apply to firearm transfers pursuant to the Domestic Violence Prevention Firearm Transfer as provided in Title XXXV of the Code of Criminal Procedure.

Acts 2022, No. 453, §1.
La. Rev. Stat. § 40:1291.22 — LA Code / Code revised-statutes / Title 40 / Section 1291.22
Enforcement; penalties
Status: in_force

A.(1) Any violation of any prohibition in R.S. 40:1291.11(A) may be cited by any law enforcement officer by the issuance of a citation and summons to appear before a court of proper jurisdiction.

(2) Such citations shall be in a form such that there shall be retained in each book of citations a receipt and each shall have a copy to be deposited by the law enforcement officer with a court having jurisdiction over the alleged offense.

(3) Upon the deposit of the copy, the court shall notify the alleged violator of the time and place of his hearing or of his opportunity to plead guilty by the payment of his specified fine. Failure to appear, unless the fine is paid, may be punished within the discretion of the court as contempt of court.

B.(1)(a) Any person who is guilty of a violation of the prohibition in R.S. 40:1291.11(A)(1), (2), (3), and (4) shall, upon a first offense, be fined twenty-five dollars.

(b) Any person who is guilty of violating such prohibition a second time shall be fined fifty dollars.

(c) Any person who is guilty of violating such prohibition a third or subsequent time shall be fined one hundred dollars.

(2)(a) Any employer who is guilty of a violation of the prohibition in R.S. 40:1291.11(A)(5) shall, upon a first offense, be fined one hundred dollars.

(b) Any employer who is guilty of violating such prohibition a second time shall be fined two hundred fifty dollars.

(c) Any employer who is guilty of violating such prohibition a third or subsequent time shall be fined five hundred dollars.

Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1300.262 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2530.1 — LA Code / Code revised-statutes / Title 40 / Section 2530.1
Purpose
Status: in_force

The Louisiana Legislature finds that, in the case of a missing senior citizen or missing person with developmental disabilities, the first few hours in locating the individual are critical. To aid in the identification and location of missing senior citizens and missing persons with developmental disabilities, there is hereby created the missing senior citizen and missing person with developmental disabilities alert program, referred to in this Chapter as the "program", to be implemented by the secretary of the Department of Public Safety and Corrections.

Acts 2008, No. 453, §1.
La. Rev. Stat. § 40:1281.8 — LA Code / Code revised-statutes / Title 40 / Section 1281.8
Rulemaking authority
Status: in_force

The secretary of the Louisiana Department of Health, in accordance with any other appropriate state law, shall make such rules and regulations as are necessary to carry out the intent of this Subpart. The rules and regulations shall include, but not be limited to, provisions establishing the bases for classification of water production facilities, water treatment plants, water distribution systems, sewage collection systems, and sewage treatment plants, and prescribing the skill, knowledge, and experience that the operator in charge must have to supervise successfully the operation of such facilities, and such other provisions as may be necessary for the administration of this Subpart.

Acts 1972, No. 538, §8. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from R.S. 40:1148 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1472.6 — LA Code / Code revised-statutes / Title 40 / Section 1472.6
Sales authorized only to licensees
Status: in_force

A. No manufacturer or dealer-distributor shall sell any explosive unless the purchaser thereof is duly licensed under the provisions of this Part and authorized to purchase same and the explosives are to be used by the purchaser for a purpose covered by the purchaser's license, except that the provisions of this Subsection do not apply to lawful purchases by a non-licensee or non-permittee of commercially manufactured black powder in quantities not to exceed five pounds, or twenty-five pounds by a member of a bona fide unit of historical reenactors, if the black powder is intended to be used solely for sporting, recreational or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16), or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).

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

Acts 1995, No. 1139, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.
La. Rev. Stat. § 40:2404.3 — LA Code / Code revised-statutes / Title 40 / Section 2404.3
Minimum training requirements for auxiliary officers; basic curriculum; annual training
Status: in_force

A.(1) In order to be certified as an auxiliary officer, a person shall successfully complete a minimum of one hundred hours of core curriculum for basic peace officers as prescribed by the council. The maximum number of hours required for auxiliary officer training under this Section shall not exceed one hundred twenty hours. The auxiliary officer shall pass an examination approved by the council within one calendar year of initial volunteer service with a sheriff's department.

(2) This curriculum shall be created by the council with courses including but not limited to legal definitions, stop and frisk, Miranda rights, arrests, elements of probable cause determinations, firearm training, officer survival skills, de-escalation strategies, use of force, cardiopulmonary resuscitation, and first aid. This curriculum may be taught at the auxiliary officer's affiliated sheriff's department by a P.O.S.T. certified trainer.

(3) For the purpose of this Chapter, "auxiliary officer" means an individual who has volunteered his service to a sheriff's department to assist in preserving public safety and has been certified as an auxiliary officer by the council. An auxiliary officer shall serve under the supervision of a P.O.S.T. certified deputy sheriff.

(4) The responsibilities of an auxiliary officer may include duties such as event security and traffic direction, including but not limited to funeral processions, athletic contests and sporting events, parades, festivals, or other similar activities, as supplemental or additional personnel. An auxiliary officer may not effect an arrest, issue citations, or conduct searches and seizures unless he is under the direct supervision of a P.O.S.T. certified deputy sheriff.

B. All reserve and auxiliary peace officers shall successfully complete a minimum of twenty hours of in-service training requirements prescribed by the council on an annual basis. All initial training requirements shall be completed within the first calendar year after receiving P.O.S.T. certification and annually thereafter.

Acts 2025, No. 336, §1.
La. Rev. Stat. § 40:592.3 — LA Code / Code revised-statutes / Title 40 / Section 592.3
Definitions
Status: in_force

For purposes of this Part the following terms shall have the meaning hereinafter ascribed to them unless the context clearly indicates otherwise:

(1) "Governing authority" means the city council or other legislative body charged with governing any incorporated municipality in the state or its duly authorized representative.

(2) "Housing development area" means an area approved by the United States Department of Housing and Urban Development under its Urban Development Action Grant Program or a successor program as a pocket of poverty or an area which by reason of the presence therein of slum, deteriorated, or deteriorating residential or nonresidential buildings, structures or improvements; by reason of the existence therein of significant unsanitary, unhealthy, or other hazardous conditions which endanger the public health, safety, morals, or welfare of the inhabitants thereof and of the city; or by reason of the existence of any combination of the herein stated causes, factors, or conditions, results in a condition in that area which substantially retards or arrests the provision of a sound and safe housing environment.

(3) "Low and moderate-income families and individuals" means those families and individuals whose gross annual incomes does not exceed one hundred twenty percent of the metropolitan statistical area or parish median income as adjusted by family size based on data from the United States Census Bureau, the United States Department of Housing and Urban Development, or another acceptable and appropriate data source.

(4) "Nonprofit corporation" means any organization organized on a not-for-profit basis under the provisions of Chapter II of Title 12 of the Louisiana Revised Statutes of 1950.

(5) "Person" means any individual, firm, partnership, corporation, association, or body politic and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.

(6) "Real property" means all lands, including improvements and fixtures thereon, property of any nature appurtenant thereto and used in connection therewith, and every estate, interest, right or use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise.

(7) "Rehabilitation" means the provision of improvement to a substandard structure in order that it attains at a minimum United States Department of Housing and Urban Development's Section 8 Housing Quality Standards or local codes after improvements are completed.

(8) "Substandard structure" means an uninhabited structure which is not acceptable for occupancy due to its state of disrepair and deterioration. The unit does not meet local codes or United States Department of Housing and Urban Development's Section 8 Housing Quality Standards.

Acts 1984, No. 571, §1.
La. Rev. Stat. § 40:1205.3 — LA Code / Code revised-statutes / Title 40 / Section 1205.3
Retention and recruitment program
Status: in_force

A. The department shall develop and administer a plan for recruitment and retention of primary health care practitioners to practice in health professional shortage areas or facilities.

B. Such a plan shall provide for identification of shortage areas, prioritize long-term and short-term goals and strategies, provide a special minority component, and provide for public input.

C. The department shall implement the retention and recruitment plan, directly or through contract. Implementation may include advertising and promotion, professional recruitment services, travel, and all other necessary expenses.

Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:600.76 — LA Code / Code revised-statutes / Title 40 / Section 600.76
Type of assistance
Status: in_force

Housing counseling assistance providers may counsel owners relative to refinancing options, availability of loans and grants, determining entitlements from FEMA programs, housing programs of the Louisiana Recovery Authority, or any other housing programs designed to assist Louisiana residents with housing needs. Housing counseling assistance providers may also assist displaced persons, who were homeowners or renters, and property owners by creating suitable housing strategies for person with special needs.

Acts 2007, No. 383, §1, eff. July 10, 2007.

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be effective on July 1, 2010.
La. Rev. Stat. § 40:1193.10 — LA Code / Code revised-statutes / Title 40 / Section 1193.10
Reporting abuse and neglect
Status: in_force

Any person who views an incident which a reasonable man would consider abuse or neglect after viewing a recording made in a nursing facility shall report the incident to the facility as soon as is practicable after the viewing. The facility shall be provided with a copy of the recording in which the suspected incident of abuse or neglect occurred. If the recording must be transferred to a different format to be viewed, the transfer shall be done at the expense of the facility by a qualified professional who can certify that the contents of the recording were not altered.

Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1374.1 — LA Code / Code revised-statutes / Title 40 / Section 1374.1
Development of hearing loss during employment in the division of state police; occupational disease
Status: in_force

A. For the purpose of this Section, "division" has the same meaning as provided for in R.S. 40:1372.

B.(1) Any loss of hearing that is ten decibels or greater on average for the frequencies that the Occupational Safety and Health Administration monitors for noise exposure in the general population when adjusted for aging and that develops during employment in the division shall, for purposes of this Section only, be classified as a disease or infirmity connected with employment.

(2) The employee affected shall be entitled to medical benefits, including hearing aids, as granted by the laws of this state to which one suffering an occupational disease is entitled, regardless of whether the employee is on duty at the time that the employee is stricken with the loss of hearing.

(a) Such loss of hearing shall be presumed to have developed during employment and shall be presumed to have been caused by or to have resulted from hazardous noise exposure when diagnostic hearing testing reveals a decrease of ten decibels or more for the frequencies that the Occupational Safety and Health Administration monitors for noise exposure from the baseline audiological evaluation.

(b) This presumption shall be rebuttable by a preponderance of evidence, and such presumption shall be overcome if the evidence does not establish that the nature of the work performed was the predominant and major cause of the hearing loss.

(c) The presumption shall be extended to an employee following termination of service for a period of twenty-four months.

C.(1) Each person selected for appointment to an entry level position in the division on and after August 1, 2024, shall submit to a baseline audiology examination, an audiological examination every five years, and a final termination audiological evaluation at the end of service. An employee shall receive his baseline examination not later than one year after his appointment.

(2) The appointing authority shall develop and implement policies and procedures for the administration of such examinations.

D.(1) Nothing in this Section shall modify the qualifications necessary to establish eligibility to receive benefits or the calculation of benefits to be paid in accordance with any Louisiana public pension or retirement system, plan, or fund.

(2) In case of a conflict between any provision of Title 11 of the Louisiana Revised Statutes of 1950 and any provision of this Section, the provision of Title 11 of the Louisiana Revised Statutes of 1950 shall control.

Acts 2024, No. 687, §1.
La. Rev. Stat. § 40:2200.5 — LA Code / Code revised-statutes / Title 40 / Section 2200.5
Rules and regulations
Status: in_force

By April 1, 2009, the Louisiana Department of Health shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, necessary to implement this Part. Such rules and regulations shall include but not be limited to the qualifications of the training curriculum and appropriate penalties for violations of the training requirements. The department shall consult with and seek input from the Louisiana Alzheimer's Disease Task Force and the Department of Children and Family Services in the promulgation of such rules and regulations.

Acts 2008, No. 571, §1, eff. June 30, 2008.
La. Rev. Stat. § 40:1730.36 — LA Code / Code revised-statutes / Title 40 / Section 1730.36
Registration required to practice as code enforcement officer; violations; penalty
Status: in_force

On or after January 1, 2007, no person may practice as a code enforcement officer in this state unless registered as provided in this Part. A person violating the provisions of this Part shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day the violation continues is a separate offense.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 769, §1, eff. June 30, 2006.
La. Rev. Stat. § 40:4.16 — LA Code / Code revised-statutes / Title 40 / Section 4.16
Water systems; iron and manganese control
Status: in_force

The office of public health of the Louisiana Department of Health shall promulgate and adopt rules in accordance with the Administrative Procedure Act to implement iron and manganese control requirements for water systems.

Acts 2014, No. 861, §2.
La. Rev. Stat. § 40:737 — LA Code / Code revised-statutes / Title 40 / Section 737
Labeling requirements
Status: in_force

All bottled water shall conform to applicable federal and state labeling laws and be labeled in compliance with the following standards:

(1) Mineral water may be labeled "mineral water". Bottled water to which minerals are added shall be labeled so as to disclose that the minerals are added and may not be labeled "natural mineral water".

(2) Spring water may be labeled "spring water" or "natural spring water".

(3) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas may bear on its label the words "naturally carbonated" or "naturally sparkling".

(4) Bottled water which contains carbon dioxide other than that naturally occurring in the source of the product shall be labeled with the words "carbonated", "carbonation added", or "sparkling" when the carbonation is obtained from a natural or manufactured source.

(5) Well water may be labeled "well water" or "natural well water".

(6) Artesian water may be labeled "artesian water" or "natural artesian water".

(7) Purified water shall be labeled "purified water" and the method of preparation shall be stated on the label, except that purified water produced by distillation may be labeled as "distilled water".

(8) Drinking water may be labeled "drinking water".

(9) Any bottler, distributor, or vendor of bottled water whose corporate name, brand name, or trademark contains the word "spring", "well", "artesian", "mineral", or "natural" or any derivative of those words shall label each bottle with the type of bottled water as defined in R.S. 40:732 in typeface at least equal to the size of the typeface of the corporate name, brand name, or trademark, if the type of the bottled water is different from the type stated or implied in the corporate name, brand name, or trademark.

(10) The use of the word "spring", or any derivative thereof other than in a trademark, trade name, or company name, to describe water that is not spring water as defined herein shall be prohibited.

(11) A product meeting more than one definition as stated in R.S. 40:732 may be identified by any of the applicable product types defined in R.S. 40:732, except where otherwise specifically prohibited.

(12) Supplemental printed information and graphics may appear on the label but shall not imply properties of the product or preparation methods which are not factual.

(13) Each bottler, manufacturer, distributor, or vendor of bottled water shall register each separate and distinct type of bottled water with the department in accordance with R.S. 40:627 and R.S. 40:628.

Acts 1991, No. 623, §1.
La. Rev. Stat. § 40:2183 — LA Code / Code revised-statutes / Title 40 / Section 2183
Licensure required; transferability of license; fees; moratorium
Status: in_force

A. It shall be unlawful to operate or maintain a hospice without first obtaining a license therefor from the department.

B. Application for licensure shall be made by a hospice to the department on forms furnished by the department. Upon determination that the hospice is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided in the published regulations of the department, but not to exceed two years.

C. Repealed by Acts 1999, No. 657, §2, eff. July 1, 1999.

D. The license shall be displayed in a conspicuous place inside the hospice program office; shall be valid only in the possession of the person or public agency to which it is issued; shall not be subject to sale, assignment, or other transfer, voluntary or involuntary; and shall not be valid for any hospice other than the hospice for which originally issued.

E. Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the issuance of licenses for hospices. The department shall not approve for licensure any new hospice until December 31, 2008, in order to allow the department and the hospice industry to examine the uncontrolled growth in providers and Medicaid expenditures that could adversely affect the quality of care available to patients in Louisiana. The moratorium shall apply only to applications for licensure for hospices not postmarked by July 1, 2007. Applications received by the department shall be postmarked no later than 12:00 a.m. on July 1, 2007, to be accepted and reviewed for application for hospice licensure. Any applications postmarked after 12:00 a.m. July 1, 2007, shall be returned to the applicant. All applications shall be accompanied by a licensing fee and applicants shall be ready to be fully operational and prepared for a licensing survey within ninety days of submission of the application. If an applicant is unable to comply with the survey within ninety days of submission of the application, no license shall be issued under the moratorium. A moratorium would allow the department and hospice industry sufficient time to review the current standards, examine the issues, and promulgate new regulations deemed necessary to resolve uncontrolled growth and other issues identified. The provisions of this Subsection shall not apply to state correctional facilities, including Allen Correctional Center and Winn Correctional Center.

Acts 1988, No. 941, §2; Acts 1999, No. 657, §2, eff. July 1, 1999; Acts 2007, No. 444, §1, eff. July 1, 2007.
La. Rev. Stat. § 40:2120.34 — LA Code / Code revised-statutes / Title 40 / Section 2120.34
Licensing; applications; provisional licenses; fees
Status: in_force

A. All adult brain injury facilities, including facilities or agencies owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed.

B. Application for license shall be to the department upon forms furnished by the department. Upon determination that the facility is in compliance with the minimum requirements for licensure as established by the department and with all other applicable state and local laws and regulations, the department shall issue a license for such period as may be provided for in the published regulations of the department.

C. The department may provide by rule for the issuance of provisional licenses. A provisional license may be issued to an existing facility when the facility is not in full compliance with regulations, codes, or standards except in cases where the failure to comply is detrimental to the health or safety of the clients.

D. A license shall apply only to the location stated on the application, and such license, once issued, shall not be transferable from one place to another or from one person to another. If the location or owner of the facility is changed, the license shall be automatically revoked. A new application form shall be completed prior to all license renewals.

E. The licensee shall display the license in a prominent place at the facility or agency.

F. There shall be an annual license fee to be set by the department not to exceed two hundred fifty dollars for any license issued in accordance with the provisions of this Part. Monies collected for annual fees shall be used for the investigation and enforcement of the provisions of this Part.

Acts 2005, No. 245, §1, eff. June 29, 2005.
La. Rev. Stat. § 40:1049.3 — LA Code / Code revised-statutes / Title 40 / Section 1049.3
Restriction on the sale of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers
Status: in_force

A. A nonprescription material, compound, mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers shall be dispensed, sold, or distributed only by a licensed pharmacist, certified pharmacy technician, or pharmacy employee permitted by the Louisiana Board of Pharmacy.

B. A nonprescription material, compound, mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers shall not be dispensed, sold, or distributed by a pharmacist, certified pharmacy technician, or pharmacy employee to any person unless the following occur:

(1) The purchaser produces a federal or state issued photo identification, or a document that, with respect to identification, is considered acceptable for purposes of Sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of Title 8, Code of Federal Regulations (as in effect on or after March 9, 2006).

(2) The purchaser signs a written or electronic log or receipt showing the date of the transaction, the name of the purchaser, and the amount of the material, compound, mixture, or preparation sold.

(3) The transaction information is recorded by the pharmacy and transmitted to the central computer monitoring system as provided for in this Part.

C.(1) A pharmacist, certified pharmacy technician, or pharmacy employee may sell or distribute nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine; however, those drugs shall not be distributed in a quantity greater than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base, to the same purchaser within any thirty-day period.

(2) A pharmacist, certified pharmacy technician, or pharmacy employee selling or distributing nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be exempt from the rules relative to the recordkeeping requirements for the dispensing of those nonprescription controlled dangerous substances; however, the pharmacist, certified pharmacy technician, or pharmacy employee shall record the transaction information and transmit it to the central computer monitoring system as provided for in this Part.

D.(1) No person shall purchase, receive, or otherwise acquire more than nine grams of any product, mixture, or preparation described in Subsection A of this Section within any thirty-day period.

(2) The requirements of this Section shall not apply to any quantity of such product, mixture, or preparation dispensed pursuant to a valid prescription from a licensed practitioner with prescriptive authority.

E. A law enforcement officer may, pursuant to R.S. 40:986(B), obtain an administrative search warrant to inspect the written logs or receipts maintained at a pharmacy pursuant to the provisions of this Section.

F. A parish or municipal government authority may regulate the selling, delivering, or providing of packages or grams of pseudoephedrine, ephedrine, or phenylpropanolamine only in a manner that is not more or less restrictive than regulation by the state under this Section.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:406 — LA Code / Code revised-statutes / Title 40 / Section 406
Exemptions from certain laws
Status: in_force

A. All representatives of a local housing authority, acting within the scope of carrying out the business and conducting the affairs of a local housing authority, shall be exempt from all licensing requirements imposed by any law with respect to the sale, rental, or management of real property or the improvement or development thereof, including requirements imposing any fee or charge.

B. The following provisions of law, and any regulations relating thereto, shall not apply to a local housing authority unless the legislation imposing such requirements is expressly and specifically applicable to local housing authorities or the local housing authority expressly elects to be governed by such legislation or regulations:

(1) The Administrative Procedure Act.

(2) Any law, ordinance, or regulation governing or otherwise applicable to the procurement of goods and services, or to the acquisition, operation, or disposition of property by public agencies of this state.

Acts 1992, No. 1018, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2023 — LA Code / Code revised-statutes / Title 40 / Section 2023
Availability of immunizations recommended by the Centers for Disease Control and Prevention
Status: in_force

Beginning October 1, 2012, and each year thereafter, each general hospital licensed under this Chapter shall, during the period from October first through March first of the following calendar year, in accordance with the latest recommendations of the Advisory Committee on Immunization Practices for the Centers for Disease Control and Prevention, offer the following immunizations to all inpatients sixty-five years of age and older, prior to discharge, unless contraindicated for a patient and contingent upon the availability of a specific payment in addition to the normal or prevailing level of payment, that is at least equal to the product costs and the administrative costs for the immunization over and above the reimbursement for in-patient care and contingent upon the availability of the vaccine:

(1) Immunization against influenza.

(2) Immunization against pneumococcal diseases if ordered by the patient's attending physician.

Acts 2012, No. 645, §1.
La. Rev. Stat. § 40:23 — LA Code / Code revised-statutes / Title 40 / Section 23
Salaries of parish or district health officers; unclassified
Status: in_force

A. Each parish shall determine the salary of its health officer and the necessary expenses for the conduct of his official duties if the health officer is in the unclassified service or serving on a contractual basis. In the case of an unclassified or contractual district health officer, the parishes which jointly employ him shall fix his salary and expenses and the proportionate share of each parish.

B. The salaries and expenses provided for in Subsection A of this Section shall be paid by the governing bodies of the parish or parishes for which the health officer was appointed, except as herein provided.

C. Where a parish or group of parishes appoint a full-time health officer whose entire time is devoted to health work as such, exclusive of any private practice, the state may appropriate and assist in paying the salary of that health officer not to exceed twenty percent of the salary if the parish or parishes contract with the Louisiana Department of Health for the establishment and maintenance of a health unit as hereafter provided.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1501.7 — LA Code / Code revised-statutes / Title 40 / Section 1501.7
Caddo Parish Fire District No. 1; authority to levy sales and use tax
Status: in_force

A. Notwithstanding any other provision of law to the contrary, Caddo Parish Fire District No. 1 may levy and collect a sales and use tax not to exceed one percent pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire District No. 1 may levy the tax only if the levy of the tax is approved by a majority of the electors in the district who vote on a proposition authorizing the levy of the tax.

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

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

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

Acts 2014, No. 232, §1, eff. May 28, 2014.
La. Rev. Stat. § 40:1895 — LA Code / Code revised-statutes / Title 40 / Section 1895
Proposed orders, rules, or regulations
Status: in_force

All orders, rules, or regulations under the provisions of this Part shall be adopted and published in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.

Amended by Acts 1981, No. 754, §2.
La. Rev. Stat. § 40:1679 — LA Code / Code revised-statutes / Title 40 / Section 1679
Completion of flooring as building progresses
Status: in_force

All contractors and owners, lessees and subcontractors, when constructing buildings where the plans and specifications require the floors to be arched between the beams or where the floors are fireproof material or brick work, shall complete the flooring or filling in as the building progresses, to not less than within three tiers or beams below and on which the iron work is being erected. If the plans or specifications do not require the filling in between the beams with brick or fireproof material, the contractor shall lay in the under flooring or a safe temporary floor, on each story as the building progresses to not less than within two stories of the floor below, to which the building has been erected and where double floors are not to be used shall keep planks over the floor, to two stories of the floor below the story where the work is being performed, and if the floor beams are not of iron or steel, the contractor for the iron or steel work in the course of construction or the owner shall thoroughly plank over the entire tier of iron or steel beams, on which the structural iron or steel work is being erected, except such places as are necessary for the proper construction of the iron or steel work, and for raising or lowering of material to be used on the building. All openings in the floor shall be railed as required by R.S. 40:1677.
La. Rev. Stat. § 40:1105.1 — LA Code / Code revised-statutes / Title 40 / Section 1105.1
Definitions
Status: in_force

As used in this Part:

(1) "Board" shall mean the Louisiana Cancer Advisory Board.

(2) "Health care provider" shall mean every licensed health care facility and licensed health care provider, as defined in R.S. 40:1231.1(A), in the state of Louisiana.

(3) "Office" shall mean the office of the president.

(4) "Participating hospital" shall mean every hospital operating as such in the state of Louisiana.

(5) "Pathology laboratory" shall mean every pathology laboratory located or doing business in the state of Louisiana.

(6) "President" shall mean the president of the Louisiana State University System or his designee.

(7) "Radiation center" shall mean every freestanding radiation diagnostic and treatment facility in the state of Louisiana.

(8) "Tumor registry", "cancer registry program", and "statewide registry program" shall mean the Louisiana Tumor Registry.

Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.80 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:1285.6 — LA Code / Code revised-statutes / Title 40 / Section 1285.6
Sale and use of lead-based paint and other similar lead-based surface coating material restricted; penalties
Status: in_force

A. No person shall knowingly sell, offer for sale, apply or cause to be applied lead-based paint or similar surface coating material, manufactured after the effective date of this Section, intended for use of the following surfaces or articles:

(1) Interior surfaces of any dwelling,

(2) Exterior surfaces of any dwelling such as window sills, porches, stairs or railings, to which children under six years of age may be commonly exposed,

(3) Toys or other articles intended for use by children,

(4) Residential furniture and fixtures that can be readily chewed by children, and

(5) Cooking, eating and drinking utensils.

B.(1) No person shall knowingly sell or offer for sale any other lead-based paint or similar surface coating material that may be purchased by the general public unless the container is clearly labeled as to its intended use and bears on the principal display panel the word "WARNING" and the following statement: "Contains lead. Dried film of this paint may be harmful if eaten or chewed."

(2) The following cautionary statement, or its practical equivalent, shall be placed on the label but need not be part of the warning statement on the principal display panel:

"Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling. Do not apply on those exterior surfaces of any dwelling, such as window sills, porches, stairs, or railings, to which children may be commonly exposed. Keep Out Of The Reach of Children."

(3) The type size of this labeling shall be in accordance with the requirements for precautionary labeling under the Federal Hazardous Substances Act, 15 U.S.C. §1260 (1970).

C. No person shall knowingly sell, expose for sale, deliver, give away or possess with intent to sell, deliver or give away, any toy or other article intended for use by children, residential furniture, cooking, drinking or eating utensil manufactured after January 1, 1973 to which any lead-based paint or similar surface coating material has been applied.

D. Any paint or other similar surface coating material shall be deemed to be lead-based when it contains lead compounds in excess of the Federal standard for lead content in residential paints established under Federal laws and regulations.

E. Any person who violates the provisions of this Section shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each violation. Any person who willfully violates the provisions of this Section shall be punished by imprisonment for not more than three months for each violation.

F. Any article of personal property in violation of this Section may be embargoed by the state health officer.

G. This Section shall become effective on January 1, 1973.

Added by Acts 1972, Ex.Sess., No. 16, §2. Acts 1988, No. 626, §1; Redesignated from R.S. 40:1299.26 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1139.7 — LA Code / Code revised-statutes / Title 40 / Section 1139.7
Procedure for organizing the ambulance service district
Status: in_force

A. At the same time as the governor appoints the initial members of the commission, the governor shall designate a time and place for the first meeting of the commission. The first meeting shall take place within sixty days from the date of the initial appointments. At the first meeting of the commission, the commission shall proceed to organize by electing a chairman and a vice-chairman.

B. It shall be the duty of the chairman to preside over the meetings of the commission and to perform such other duties as are usually required of the chairman of a corporate board. It shall be the duty of the vice-chairman to act in the absence of the chairman and in case of the disability of the chairman.

Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.27 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1289.1 — LA Code / Code revised-statutes / Title 40 / Section 1289.1
Legislative findings; declaration
Status: in_force

A. The legislature hereby finds the following:

(1) Certain forms of mold pose a severe and unacceptable risk to the environment of Louisiana and the health of its people. Moreover, the legislature finds that indoor toxins, specifically toxic mold, represent an insufficiently understood health and environmental problem.

(2) Numerous studies indicate that adverse health effects result from mold spores, varying from cold-like symptoms to more serious symptoms, such as allergy and asthma outbreaks. Toxins in mold can have negative effects on humans when ingested, inhaled, or when they come in contact with the skin. These effects can have serious health consequences for some population subgroups, especially infants, children, pregnant women, persons who are elderly, individuals with asthma, individuals with allergies, and individuals with compromised immune systems. Healthcare professionals now acknowledge that molds can cause allergies, trigger asthma attacks, detrimentally affect the function of vital human organs, and increase susceptibility to colds and flu.

(3) Though not all molds are toxic, there are certain dangers that molds present within buildings and structures. It is thus imperative that the toxicity of mold be determined where it is found and a corresponding plan of action be implemented to address mold-related hazards in buildings and structures within this state.

B. The legislature hereby declares that it is in the best interest of the public health, welfare, and safety to establish a task force to lead development of comprehensive policies and promote best practices concerning mitigation and remediation of toxic mold and reducing the adverse health effects caused by this unique threat to public health.

Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.411 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
La. Rev. Stat. § 40:1749.11 — LA Code / Code revised-statutes / Title 40 / Section 1749.11
Short title; purpose
Status: in_force

A. This Part shall be known and may be cited as the "Louisiana Underground Utilities and Facilities Damage Prevention Law".

B. It is the public policy of this state to promote the protection of property, workmen, and citizens in the immediate vicinity of an underground facility or utility from damage, death, or injury and to promote the health and well-being of the community by preventing the interruption of essential services which may result from the destruction of, or damage to, underground facilities or utilities.

Acts 1988, No. 923, §1; Acts 1999, No. 506, §1, eff. June 29, 1999.
La. Rev. Stat. § 40:2321 — LA Code / Code revised-statutes / Title 40 / Section 2321
Definitions
Status: in_force

As used in this Chapter, "water pollution control projects" means any waste treatment facilities or any plants or other works which accomplish the treating, stabilizing, or holding of untreated or inadequately treated sewage or other wastes.

Acts 1970, No. 171, §1, emerg. eff. June 29, 1970, at 7:00 P.M.; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1671 — LA Code / Code revised-statutes / Title 40 / Section 1671
Application of Part
Status: in_force

The provisions of this Part apply only in cities of more than fifteen thousand inhabitants.
La. Rev. Stat. § 40:31.15 — LA Code / Code revised-statutes / Title 40 / Section 31.15
Rulemaking
Status: in_force

The Louisiana Department of Health, office of public health, shall promulgate rules and regulations pertaining to the development and implementation of the immunization registries and their associated tracking and recall systems in accordance with the Administrative Procedure Act. The rules shall include a process by which a custodial parent or guardian can control the transfer of information from the immunization record or the immunization tracking and recall record when such control is necessary to protect the health or safety of the family.

Acts 1995, No. 798, §1, eff. June 27, 1995.
La. Rev. Stat. § 40:1168.4 — LA Code / Code revised-statutes / Title 40 / Section 1168.4
Protection of health information; limitations on data use
Status: in_force

A. The board shall maintain the data system in a secure environment which complies, at minimum, with all applicable federal laws and regulations providing for the protection of health information.

B.(1) The board may authorize and facilitate access to data in the system to an outside party only if that party seeks the data for use in a bona fide medical research effort which has been authorized by the institutional review board of the organization conducting the research.

(2) The board shall have exclusive authority to determine whether an activity qualifies as a bona fide medical research effort in accordance with Paragraph (1) of this Subsection.

(3) Any disclosure of data in the system shall be subject to the approval of the board.

Acts 2019, No. 207, §1.
La. Rev. Stat. § 40:401.1 — LA Code / Code revised-statutes / Title 40 / Section 401.1
Housing authority of the parish of St. Landry; commissioners
Status: in_force

In the parish of St. Landry, the board of commissioners shall be composed of no more than six members. A majority of the commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its power and for all other purposes.

Acts 2006, No. 547, §1, eff. June 22, 2006; Acts 2011, 1 st Ex. Sess., No. 12, §1, eff. June 12, 2011.
La. Rev. Stat. § 40:434 — LA Code / Code revised-statutes / Title 40 / Section 434
Funds and investments
Status: in_force

A local housing authority may invest or cause to be invested any funds held as reserves or sinking funds and any sums not required for immediate disbursement in connection with the operations of the authority, its developments and its programs, in property or securities in any manner allowable by law; cooperate with this state or any public agency of this state with respect to investing the authority's funds; enter into investment agreements and contracts with responsible agents upon such terms and conditions as the authority deems appropriate; and purchase the authority's own bonds or other securities at such price as the authority shall, in its discretion, determine to be acceptable.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2115.13 — LA Code / Code revised-statutes / Title 40 / Section 2115.13
Application to acquire a hospital
Status: in_force

A.(1) Every person shall give the attorney general at least thirty days notice of an impending acquisition, during which time the attorney general may take any necessary and appropriate action consistent with the provisions of this Subpart.

(2) The notice shall briefly describe the impending acquisition, including any change in ownership of tangible or intangible assets.

B.(1) No person shall acquire a not-for-profit hospital without the seller first having applied for and received the approval of the attorney general pursuant to this Subpart.

(2)(a) An application shall be submitted to the attorney general on forms provided by the attorney general and shall include the following:

(i) The name of the seller.

(ii) The name of the purchaser or other parties to the acquisition.

(iii) The terms of the proposed agreement.

(iv) The sale price.

(v) A summary of the acquisition agreement.

(vi) A financial and economic analysis and report from an independent expert or consultant of the effect of the acquisition under the criteria set forth in R.S. 40:2115.17.

(b) A copy of the application shall be submitted to the attorney general. The application shall be considered a public record.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:476 — LA Code / Code revised-statutes / Title 40 / Section 476
Power of housing authority to confer additional rights upon obligee
Status: in_force

A. A housing authority, by its resolution, trust indenture, mortgage, lease, or other contract, may in its discretion elect to confer upon any obligee holding or representing a specified amount in bonds or other instruments, or holding a lease, such rights as the housing authority determines are necessary or desirable in order to generate revenues or which it otherwise deems to be in its best interests and in furtherance of its purposes. Such rights, which shall be exercisable upon the happening of an event of default as defined in such resolution or instrument, are cumulative of all rights otherwise conferred and may, in the authority's discretion, include any one or more of the following rights, which shall be enforceable by suit, action or proceeding in any court of competent jurisdiction, the right to:

(1) Cause possession of any housing development of any part thereof to be surrendered to an obligee.

(2) Obtain the appointment of a receiver for any housing development or part thereof and of the rents and profits therefrom. If a receiver is appointed, the receiver may enter and take possession of the housing development or any part thereof and operate and maintain it and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such monies in separate accounts and apply them in accordance with the obligations of the housing authority as the court directs.

(3) Require the housing authority to account as if it were the trustee of an express trust.

(4) Provide that, after foreclosure sale of the security therefor, the obligee shall be permitted to obtain a judgment or decree for any deficiency due on the indebtedness secured thereby and issue execution on the credit of the housing authority. In such event, except with respect to any property developed with funds provided by the federal government, which shall not be subject to levy pursuant to any deficiency judgment unless the federal government shall have otherwise authorized, such deficiency judgment or decree shall be a lien and charge upon the property of the housing authority, which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment or decree. At any such sale of the property by an obligee, either the authority or any municipality or parish with respect to which such authority has been established may purchase the property affected, or it or they may, prior to the institution of a foreclosure action or proceeding, or during such action or proceeding, make such payment or take such other steps as may be necessary to cure any defaults that may have occurred and such steps as may be necessary to protect the property of the authority or the public interest.

B. If conferred, these rights and remedies of the obligee are cumulative and in addition to all other rights and remedies that may be conferred upon him by law or by any contract with the authority.

Amended by Acts 1950, No. 401, §19; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2120.47 — LA Code / Code revised-statutes / Title 40 / Section 2120.47
Moratorium; exceptions
Status: in_force

A. The department shall implement a moratorium on adult health care providers enrolled in the Title XIX program. Under this moratorium, the department shall not approve or enroll any new or additional adult day health care providers into the Title XIX program, except as provided in Subsection B. This moratorium shall become enforceable on August 15, 2006, and shall remain in effect until July 1, 2008.

B. If the department determines that there is a need for new or additional adult day health care providers in a certain geographic location, the department may approve and enroll a new or additional adult day health care provider into the Title XIX program. The department shall promulgate and publish rules in accordance with the Administrative Procedure Act to provide for the following:

(1) Criteria and processes for determining whether such a need exists.

(2) Procedures for selecting an adult day health care provider to be approved and enrolled into the Title XIX program once a need has been determined.

(3) Other such rules or regulations as necessary for the efficiency and effectiveness of approval or enrollment of adult day health care providers into the Title XIX program.

Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1249.4 — LA Code / Code revised-statutes / Title 40 / Section 1249.4
Electronic visit verification system; implementation; conditions
Status: in_force

A. For purposes of this Section, "electronic visit verification system" means an automated point-of-service verification system which electronically verifies that service visits occur and documents the points in time when service provision begins and ends.

B. The legislature hereby finds that due to the significant potential of electronic visit verification systems for improving care quality and containing medical assistance program costs, notably through prevention of fraud, abuse, and billing errors, the implementation of such systems in home- and community-based long-term care and other in-home service care programs is in the best interest of this state.

C. To the maximum extent practicable, and subject to the conditions provided in Subsection D of this Section, the department shall implement an electronic visit verification system for all in-home care services that it funds through medical assistance programs.

D.(1) If the conditions of Paragraph (3) of this Subsection are satisfied, then the department shall promulgate such rules in accordance with the Administrative Procedure Act as are necessary to ensure optimal functioning of the electronic visit verification system.

(2) The department may provide rate enhancements and other financial incentives to providers of long-term care services to facilitate timely and effective implementation of the electronic visit verification system.

(3) The department may implement an electronic visit verification system only if the fiscal impact thereof is reasonably expected to be cost-neutral or result in cost savings.

Acts 2014, No. 523, §1; Redesignated from R.S. 40:1300.324 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1248.6 — LA Code / Code revised-statutes / Title 40 / Section 1248.6
Public hearings
Status: in_force

A. Any parish that collects a local hospital assessment payment authorized by this Subpart shall hold an annual public hearing on the amounts of any local hospital assessment payments that the parish intends to require during the year and how the revenue derived from those payments is to be spent.

B. Not later than the tenth day before the date of the hearing required by Subsection A of this Section, the parish governing authority shall publish notice of the hearing in the official journal of the parish. A representative of a paying hospital shall be entitled to appear at the time and place designated in the public notice and to be heard regarding any matter related to the local hospital assessment payments authorized by this Subpart.

Acts 2020, No. 330, §1.
La. Rev. Stat. § 40:1061.24 — LA Code / Code revised-statutes / Title 40 / Section 1061.24
Experimentation
Status: in_force

A. No person shall experiment on an unborn child or on a child born as the result of an abortion, whether the unborn child or child is alive or dead, unless the experimentation is therapeutic to the unborn child or child.

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

Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.13 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.