La. Rev. Stat. § 40:1730.38 — LA Code / Code revised-statutes / Title 40 / Section 1730.38
Duration of certificates; renewal; continuing education requirements; funding
Status: in_force

A certificate of registration issued under R.S. 40:1730.35(B) is valid for one year and expires on the last day of the month of issuance. Renewal of all registrations must be based upon a determination by the council of the applicant's participation in council-approved continuing education programs. The council must promulgate regulations setting forth the continuing education requirements for building code enforcement officers. A person failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants under R.S. 40:1730.35(B) and may not practice until registered in accordance with this Part.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
La. Rev. Stat. § 40:1124.2 — LA Code / Code revised-statutes / Title 40 / Section 1124.2
Discharge information; hospital and birthing center requirements
Status: in_force

A. All hospitals and birthing centers that provide labor and delivery services shall, prior to discharge following birth, provide the mother and her family members information about post-birth warning signs, including symptoms and available resources.

B. The Louisiana Department of Health shall make the information available to hospitals and birthing centers and shall include the information on the department's website.

Acts 2024, No. 122, §1.
La. Rev. Stat. § 40:1061.14 — LA Code / Code revised-statutes / Title 40 / Section 1061.14
Minors
Status: in_force

A. No physician shall perform or induce an abortion upon any pregnant woman who is under the age of eighteen years and who is not emancipated judicially or by marriage unless the physician or a qualified person acting as agent of the physician pursuant to R.S. 40:1061.17(B)(4)(c) has received those documents provided for in either Paragraph (1) or (2) of this Subsection:

(1)(a) A notarized statement signed by the mother, father, legal guardian, or tutor of the unemancipated minor declaring that the affiant has been informed that the minor intends to seek an abortion and that the affiant consents to the abortion. The affiant shall provide sufficient evidence of identity that shall be expressly specified in the affidavit to establish an articulable basis for a reasonably prudent person to believe that the affiant is one of the following:

(i) The lawful mother.

(ii) The lawful father.

(iii) The legal guardian.

(iv) The lawful tutor of the minor.

(b) A copy of a valid and unexpired driver's license or a government-issued identification card of the individual giving consent on behalf of the unemancipated minor as provided for in Subparagraph (a) of this Paragraph.

(2) A court order as provided in Subsection B of this Section.

B. The following provisions shall apply to all applications for court orders by minors seeking abortions and appeals from denials of applications:

(1) Jurisdiction to hear applications shall be in the court having juvenile jurisdiction in the parish in which the minor is domiciled. Jurisdiction to hear an application or appeal shall be extended to a court having juvenile jurisdiction in a contiguous parish if either of the following conditions is met:

(a) The minor's parent or guardian is a presiding judge of the juvenile court in the parish in which the minor is domiciled.

(b) The parish in which the minor is domiciled has a population of less than ten thousand persons according to the latest federal decennial census.

(2) Each clerk of each court which has jurisdiction to hear such applications shall prepare application forms in clear and concise language which shall provide step-by-step instructions for filling out and filing the application forms. All application forms shall be submitted to the attorney general for his approval. Each clerk shall assist each minor who requests assistance in filling out or filing the application forms.

(3)(a) Each application shall be heard in chambers, anonymously, in a summary manner, within four days, excluding legal holidays, of the filing thereof.

NOTE: Item (B)(3)(b)(i) eff. until October 1, 2027. See Acts 2025, No. 477.

(b)(i) Prior to such ex parte hearing, the court may require the minor to participate in an evaluation and counseling session with a mental health professional from the Louisiana Department of Health, office of behavioral health, or a staff member from the Department of Children and Family Services, office of children and family services, or both. The court may refer the petitioner, if necessary, to the appropriate Louisiana Department of Health, office of behavioral health regional office to arrange the evaluation and counseling session within the four-day period prior to the ex parte hearing, as provided in this Paragraph. This referral may be made by the clerk upon the minor's filing the application when the court has issued a standing order authorizing same and the circumstances fit the criteria of the standing order therefor.

NOTE: Item (B)(3)(b)(i) as amended by Acts 2025, No. 477, eff. October 1, 2027.

(b)(i) Prior to such ex parte hearing, the court may require the minor to participate in an evaluation and counseling session with a mental health professional from the Louisiana Department of Health, office of behavioral health, or a staff member from the Department of Children and Family Services, office of child welfare, or both. The court may refer the petitioner, if necessary, to the appropriate Louisiana Department of Health, office of behavioral health regional office to arrange the evaluation and counseling session within the four-day period prior to the ex parte hearing, as provided in this Paragraph. This referral may be made by the clerk upon the minor's filing the application when the court has issued a standing order authorizing same and the circumstances fit the criteria of the standing order therefor.

(ii) Such evaluation and counseling session shall be for the purpose of developing trustworthy and reliable expert opinion concerning the minor's sufficiency of knowledge, insight, judgment, and maturity with regard to her abortion decision in order to aid the court in its decision and to make the state's resources available to the court for this purpose. Persons conducting such sessions shall employ the information and printed materials referred to in R.S. 40:1061.17 in examining how well the minor interviewed is informed about pregnancy, fetal development, abortion risks and consequences, the indicators of human trafficking, and abortion alternatives, and shall also endeavor to verify that the minor is seeking an abortion of her own free will and is not acting under intimidation, threats, abuse, undue pressure, or extortion by any other persons and is not a victim of a coerced abortion as defined in Children's Code Article 603.

(iii) For purposes of providing screening to protect the safety and well-being of the minor, such evaluation and counseling session shall also endeavor to ascertain whether the minor is pregnant as a result of sexual activity constituting a crime under the laws of this state, or as a result of commercial sexual exploitation of the minor, and shall inform the minor of resources available for her protection.

(iv) The results of such evaluation and counseling shall be reported to the court by the most expeditious means, commensurate with security and confidentiality, to assure receipt by the court prior to or at the ex parte hearing.

(4)(a) If the minor has not been interviewed in such evaluation and counseling session prior to the ex parte hearing, such that the court does not have the benefit of the required report, then the court may appoint a certified child advocate attorney to be present with the minor at the ex parte hearing for the purpose of assisting the minor in communicating to the court whether her abortion decision is made with sufficient maturity and free and informed consent, commensurate with the duty of confidentiality. A certified child advocate attorney shall be given sufficient time on the same day as the ex parte hearing to review with the minor the information and printed materials referred to in R.S. 40:1061.17, in evaluating how well the minor is informed about pregnancy, fetal development, abortion risks and consequences, the indicators of human trafficking, and abortion alternatives. The certified child advocate attorney shall also endeavor to assist in the court's determination of whether the minor is seeking the abortion of her own free will and is not acting under intimidation, threats, undue pressure, or extortion by other persons, is not a victim of coerced abortion as defined in Children's Code Article 603, and is not in need of assistance or protective orders if the minor is a victim of commercial sexual exploitation as defined in Children's Code Article 603, or any crime against the child as defined in Children's Code Article 603.

(b) If the court, using reasoned judgment and evidentiary evaluation, finds, by clear and convincing evidence, that the minor is sufficiently mature and well enough informed to make the decision concerning the abortion on her own, and further finds that the minor is not a victim of coerced abortion, and is seeking the abortion of her own free will, the court shall issue an order authorizing the minor to act on the matter without parental consultation or consent.

(c) Whether or not the court authorizes the abortion, if the court finds by a preponderance of the evidence that the minor is a victim of commercial sexual exploitation as defined in Children's Code Article 603, or any crime against the child as defined in Children's Code Article 603, the court may issue any appropriate protective orders or afford the minor the continued services of a court-appointed special advocate, or both.

(5) If the court finds that the minor is not sufficiently mature and well enough informed to make a decision intelligently among the alternatives, the court shall decide whether or not it would be in the best interest of the minor to notify her parents or guardian of the proceedings. If the court finds that it is in the minor's best interest to notify her parents or guardian, the court shall so notify and reconvene the proceedings within forty-eight hours with the parents or guardian present to advise and counsel the minor and aid the court in making its determination whether or not the abortion would be in the best interest of the minor.

(6) If the court finds that the minor is not sufficiently mature and well enough informed to make the decision concerning the abortion and further finds that it would not be in the minor's best interest to notify her parents or guardian, the court shall issue an order authorizing the abortion if the court finds, by clear and convincing evidence, that the abortion would be in the best interest of the minor. However, as stated in Bellotti v. Baird, 443 U.S. 622, 647 (1979), "the court may deny the abortion request of an immature minor in the absence of parental consultation if it concludes that her best interests would be served thereby."

(7) In all cases, the court shall issue its final judgment and order immediately upon completion of the reconvened hearing, if there is one, or immediately upon completion of the original ex parte hearing, if there is no reconvened hearing, and in any case where unusual justification exists for taking the matter under advisement, the court shall report taking the matter under advisement to the Supreme Court of Louisiana and to the court of appeal for the circuit to which appeals lie from the court and shall issue its final judgment and order within forty-eight hours after taking the matter under advisement at the completion of such hearing. Appeals from decisions of the court hearing the application shall be by trial de novo in the court of appeal.

(8) Each clerk of each court of appeal shall prepare appeal forms in clear and concise language which shall provide step-by-step instructions for filling out and filing the appeal forms. All appeal forms shall be submitted to the attorney general for his approval. Each clerk shall assist each minor who requests assistance in filling out or filing the appeal forms.

(9) Each appeal shall be heard in chambers, anonymously, in a summary manner, and within forty-eight hours of the filing thereof.

(10) The decision of the court of appeal shall be based on the criteria provided in Paragraphs (4), (5), and (6) of this Subsection, and such court shall issue its final judgment and order within forty-eight hours of its hearing.

(11) Each minor who declares to the clerk of the court hearing the application or appeal that she does not have sufficient funds to pay for the costs of the application or the appeal shall be allowed to proceed in forma pauperis.

(12) Each minor who files an application or an appeal shall be entitled to an initial hearing and a determination by the court independently of any notice to or consultation with her parents, tutor, or guardian.

(13) Except as otherwise provided in this Section, or as otherwise provided by rule of court, hearings of applications and appeals shall be conducted in accordance with the provisions of the Louisiana Children's Code.

C.(1) Nothing in this Section shall be construed as creating or recognizing a right to abortion.

(2) It is not the intention of this Section to make lawful an abortion that is unlawful on July 10, 1997, or which later becomes unlawful.

D. Nothing in this Section shall be deemed or construed to affect or alter existing law on the confidentiality of proceedings and records related thereto, except to the extent specifically contained in this Section.

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

Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1995, No. 1254, §1; Acts 1997, No. 933, §1, eff. July 10, 1997; Acts 2009, No. 384, §5, eff. July 1, 2010; Redesignated from R.S. 40:1299.35.5 by HCR 84 of 2015 R.S; Acts 2017, No. 165, §1; Acts 2021, No. 482, §1; Acts 2022, No. 545, §3; Acts 2025, No. 477, §12, eff. Oct. 1, 2027.

NOTE: See Acts 1995, No. 1254, §2, re: severability.

NOTE: See Acts 1997, No. 933, §§2, 4, re: intent and severability.
La. Rev. Stat. § 40:1085.6 — LA Code / Code revised-statutes / Title 40 / Section 1085.6
Duties of maternity homes and hospitals to keep records
Status: in_force

All maternity homes and hospitals, and similar institutions or facilities shall maintain such records of cases of ophthalmia neonatorum as the department directs.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1106 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2002.3 — LA Code / Code revised-statutes / Title 40 / Section 2002.3
Huey P. Long Medical Center
Status: in_force

The state operated general hospital located in Pineville, Louisiana, heretofore known as Huey P. Long Charity Hospital, is hereby designated and shall hereafter be known as Huey P. Long Medical Center.

Acts 1987, No. 43, §2.
La. Rev. Stat. § 40:1571 — LA Code / Code revised-statutes / Title 40 / Section 1571
Investigations may be private
Status: in_force

All investigations held by or under the direction of the fire marshal or his authorized representative may, in his discretion, be private. Persons other than those required to be present by the provisions of this Part may be excluded from the place where the investigation is held.
La. Rev. Stat. § 40:31.45 — LA Code / Code revised-statutes / Title 40 / Section 31.45
Report
Status: in_force

The department shall produce an annual report on the results obtained through the surveillance system to be submitted to the advisory board, the secretary, and the House and Senate committees on health and welfare.

Acts 2001, No. 194, §1.
La. Rev. Stat. § 40:580.8 — LA Code / Code revised-statutes / Title 40 / Section 580.8
Estimates of annual expenses; appropriations and donations
Status: in_force

A. The council of any municipality adopting an ordinance under this Part, shall, as soon as possible thereafter, prepare an estimate of the annual expenses or costs of providing equipment, personnel, and supplies necessary for periodic examinations and investigations of the dwellings of the municipality for the purpose of determining the fitness of the dwellings for human habitation and for the enforcement and administration of its ordinances adopted under this Part.

B. Municipalities may make any appropriations from their revenues which they think necessary for this purpose and may accept and apply grants or donations to assist them in carrying out the provisions of such ordinances.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1134 — LA Code / Code revised-statutes / Title 40 / Section 1134
Ambulance Patient Offload Delay Collaborative
Status: in_force

A. The legislature finds and declares all of the following:

(1) The emergency medical services system (EMS) and hospitals and their emergency departments are critical components of Louisiana's emergency healthcare delivery system.

(2) Ambulances throughout the United States and in many other countries are experiencing significant delays in offloading patients into hospital emergency departments.

(3) The cause of the delay is multifaceted and may include factors such as high demand on emergency departments, hospital staffing challenges, hospital throughput procedures, and hospital administrative policies.

(4) Extended ambulance patient offload times are disruptive to the EMS system by taking the ambulance out of service and decreasing advanced life support services in the community, which increases healthcare costs and can back up the entire continuum of emergency health care.

(5) Hospitals and EMS personnel are all acting in the best interest of the patient and agree that providing the best possible patient care is the goal despite offload delay challenges.

(6) It is imperative that ambulance providers and hospitals collaborate to develop statewide, regional, or local plans to address the problem of ambulance patient offload delays.

B.(1) There is hereby created within the Louisiana Department of Health, bureau of emergency medical services, the Ambulance Patient Offload Delay Collaborative which shall analyze and develop solutions to the problem of ambulance patient offload delays.

(2) The bureau of emergency medial services shall facilitate discussions and meetings of a statewide collaborative to include the bureau, the Louisiana Hospital Association, the Louisiana Ambulance Alliance, and other appropriate stakeholders as considered necessary by the collaborative.

(3) The collaborative shall hold its first meeting on or before October 1, 2024, and shall meet as often as is necessary to fulfill the requirement of this Section.

(4) The collaborative shall be responsible for all of the following:

(a) Reviewing the Emergency Medical Treatment and Active Labor Act (EMTALA) to clearly understand the rights and responsibilities of ambulance service providers and hospitals.

(b) Collecting and reviewing currently available data from emergency medical services and hospitals concerning ambulance patient offload times.

(c) Developing a set of data collection guidelines and performance measures, as well as a standardized reporting process, to identify and track hospitals that exceed the established industry standards for patient offload delays. These standards should be based on best practices and prioritize patient welfare and safety.

(d) Exploring enacted legislation and best practices and policies in other states and countries that have been successful and promising in resolving or improving ambulance patient offload delays through processes that may be implemented locally or on a regional or statewide scale.

(e) Exploring and researching options for reducing demand on hospital emergency departments from individuals transported by ambulance services, specifically treatment-in-place ambulance services and ambulance transports to alternative destinations other than hospital emergency departments for low acuity patients utilizing the 911 system. Research shall include payment mechanisms and funding options for services provided to patients which reduce emergency department demands.

(f) Proposing a format for facilitating local collaborative communications between ambulance service providers and hospital administrators.

C.(1) The collaborative shall prepare a report summarizing its findings and recommendations, including any data collected in accordance with this Section, for submission by the department to the House and Senate committees on health and welfare by February 1, 2025.

(2) The collaborative may continue to meet as necessary after submitting the final report required in Paragraph (1) of this Subsection. If the collaborative continues to meet, it shall submit an annual report to the House and Senate committees on health and welfare by February first of each year.

D. The department may promulgate rules in accordance with the Administrative Procedure Act to carry out the provisions of this Section.

Acts 2024, No. 691, §2.
La. Rev. Stat. § 40:1492 — LA Code / Code revised-statutes / Title 40 / Section 1492
Power to create; boundaries constitute state subdivisions for tax and bond purposes
Status: in_force

A. Parish governing authorities may create or enlarge fire protection districts in the manner and subject to the limitations and restrictions contained in this Part.

B. Any fire protection district may include all or part of the territory in the parish whether contiguous or noncontiguous. With the concurrence of the governing authorities of the affected parishes, it may include all or part of two or more parishes in a single fire protection district, provided that any municipality which is to be included is included in its entirety. However, before any municipality may be included within the territory of the fire protection district, the governing authority of the municipality shall first concur by proper resolution in its inclusion and in the boundaries to be fixed for the district.

C. Fire protection districts so created are subdivisions of the state within the meaning of the laws of this state relating to the voting and levying of special maintenance taxes, incurring debt, and issuing bonds therefor, including particularly but without limitation the provisions of Subtitle II, Chapter 4, of Title 39 of the Louisiana Revised Statutes of 1950. However, the governing authority of the district shall be without authority to levy any previously authorized taxes in the new territory included within the boundaries of the districts as enlarged, unless such enlargement has occurred after petition therefor of a majority of the qualified electors of the area to be included and/or the question of such tax levy has been approved by a majority of the electors of the new territory so included voting in an election held for such purpose.

Amended by Acts 1975, No. 17, §1; Acts 1976, No. 267, §1; Acts 1981, No. 116, §1; Acts 1988, No. 310, §1.
La. Rev. Stat. § 40:1168.3 — LA Code / Code revised-statutes / Title 40 / Section 1168.3
Data system; components; reporting; design in collaboration with certain higher education institutions; public records exception
Status: in_force

A. The board may create and maintain an electronic system for the collection and analysis of clinical information associated with the use of medical marijuana by patients. The system shall include, at minimum, the following components:

(1)(a) A component for the collection of data concerning adverse events experienced by patients which are associated with the use of medical marijuana.

(b) The board shall design and administer the data system such that any of the following persons may report an adverse event:

(i) The patient.

(ii) A family member of the patient.

(iii) An authorized clinician who prescribes or recommends medical marijuana to a patient.

(iv) Any physician, medical psychologist, or advanced practice registered nurse who treats a patient other than an authorized clinician who prescribes or recommends medical marijuana to the patient.

(2)(a) A component for the collection of data concerning health outcomes other than adverse events experienced by patients that are associated with the use of medical marijuana.

(b) The board shall design and administer the data system such that reporting of health outcomes is limited to authorized clinicians exclusively.

B. The board shall collaborate with the following institutions in designing and implementing the data system:

(1) The medical school of the Louisiana State University Health Sciences Center at New Orleans.

(2) The medical school of the Louisiana State University Health Sciences Center at Shreveport.

(3) The Tulane University School of Medicine.

(4) The Pennington Biomedical Research Center.

(5) The College of Nursing and Allied Health at Southern University and Agricultural and Mechanical College.

(6) The Xavier University of Louisiana College of Pharmacy.

C. Except in cases of disclosure of data authorized by R.S. 40:1168.4(B), all data in the data system shall be confidential and shall not be available for subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. The data maintained in the data system shall not be subject to any public records request nor shall any such data be considered as a public record pursuant to R.S. 44:1 et seq.

Acts 2019, No. 207, §1; Acts 2022, No. 271, §4; Acts 2022, No. 444, §1.
La. Rev. Stat. § 40:2017.5 — LA Code / Code revised-statutes / Title 40 / Section 2017.5
Promotion of nurse education program
Status: in_force

The department is further authorized and directed to cooperate with all agencies, both public and private, in promoting a program of nurse education, including the establishment wherever feasible of additional schools for training student nurses in state owned institutions where such schools do not exist and in private hospitals.

Added by Acts 1958, No. 38, §1.
La. Rev. Stat. § 40:1079.14 — LA Code / Code revised-statutes / Title 40 / Section 1079.14
Facility requirements
Status: in_force

Any school or facility that provides preventive counseling or treatment services to a child, without parental consent, shall at a minimum:

(1) Maintain a written record of the reason for the preventive counseling or treatment without parental consent and a record of the attempts, if any, made to obtain such consent.

(2) Conduct an initial assessment and evaluation of the child to determine the extent of preventive counseling or treatment services needed.

(3) Prepare a written plan for the provision of preventive counseling or treatment based on the individual assessment and evaluation of the child's needs.

(4) Provide preventive counseling or treatment in accordance with the written plan.

(5) Maintain a written record of the services provided to the child including periodic notes relating to the child's progress.

(6) When it has been determined such services are no longer necessary or the child withdraws from the program, prepare a written summary of the preventive counseling or treatment provided to the child and a statement of the child's progress and maintain such summary and statement as part of the child's records.

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1077.1 — LA Code / Code revised-statutes / Title 40 / Section 1077.1
Definitions
Status: in_force

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

(1) "Pediatric" means children and youth eligible and certified for Medicaid coverage, Louisiana Children's Health Insurance Program coverage, or coverage under a Louisiana Medicaid waiver program or Louisiana Medicaid managed care program.

(2) "Unique provider of health services for catastrophically ill children" means an institution designated by the National Cancer Institute as a Comprehensive Cancer Center focused solely on pediatrics and that is a children's hospital dedicated to caring for children with catastrophic illness and conducting basic and advanced research into catastrophic childhood diseases such as cancers, acquired and inherited immunodeficiencies, and genetic disorders.

Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.311 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2180.15 — LA Code / Code revised-statutes / Title 40 / Section 2180.15
License issuance; application; on-site inspection
Status: in_force

A. Each application for licensure of a crisis receiving center shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.

B. Following receipt of the completed application, the licensing agency shall perform an on-site survey and inspection. If, after the on-site survey and inspection, the licensing agency finds that the facility or provider meets the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.

C. As a condition for renewal of a license, the licensee shall submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and shall contain such information as required by the agency. Upon receipt of the completed annual renewal application, the licensing agency shall determine if the facility or provider continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part. The licensing agency may perform an on-site survey and inspection upon annual renewal. If the facility or provider continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which is valid for one year.

D. The licensing agency may perform an on-site inspection at reasonable times as necessary to ensure compliance with the provisions of this Part.

Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
La. Rev. Stat. § 40:2267.5 — LA Code / Code revised-statutes / Title 40 / Section 2267.5
Costs of analysis and examination
Status: in_force

In addition to other methods of funding, each defendant who enters a plea of guilty or is convicted of a crime in which the investigation required the gathering, examining, and analysis of evidence by scientific means by the Acadiana Criminalistics Laboratory, which submitted a certificate stating its findings to the appropriate law enforcement or prosecuting agency, shall be ordered to pay the reasonable costs of the analysis or examination. However, the defendant shall not be liable if he is acquitted or the prosecution or proceeding is dismissed.

Acts 2006, No. 356, §1.
La. Rev. Stat. § 40:2116.34 — LA Code / Code revised-statutes / Title 40 / Section 2116.34
Minimum standards; rules and regulations
Status: in_force

A. The secretary of the department shall prescribe and publish minimum standards pursuant to the Administrative Procedure Act. Such standards shall include but not be limited to the following:

(1) Requiring all such home health agencies to admit patients for skilled care only on the order of an authorized healthcare provider. Signed authorized healthcare provider's orders shall be obtained by the agency.

(2) Providing skilled nursing services and at least one other defined service.

(3) Adopting procedures for the administration of drugs and biologicals.

(4) Maintaining clinical records on all patients accepted for skilled care. The records will be retained in accordance with existing state law.

(5) Requiring all agencies to establish patient care policies and personnel policies.

(6) Requiring all agencies to have services available at least eight hours a day five days a week and available on an emergency basis twenty-four hours a day, seven days a week.

(7) Requiring agencies to make service available to an individual in need within twenty-four hours of a referral unless otherwise ordered by an authorized healthcare provider.

(8) Requiring each agency to have a designated director of nurses who is a full-time employee of the agency and is available at all times during operating hours and additionally as needed.

(9) Requiring each agency to have a designated alternate director of nurses who meets the criteria for director of nurses and functions in that capacity whenever the director of nurses is not available. At a minimum, the alternate director of nurses must be employed for no less than twenty hours per week as defined in the minimum standards.

(10) Requiring the administrator of the agency to be a person who is designated in writing, is administratively responsible and available in person or by telecommunication at all times for all aspects of facility operation, who has three years management experience in health care delivery service, and who meets one of the following conditions:

(a) Is a licensed physician.

(b) Is a registered nurse.

(c) Is employed as an administrator on or after January 13, 2018, and is a college graduate with a bachelor's degree.

(d) Is employed as an administrator prior to January 13, 2018, and has had three additional years of documented experience in a health care delivery service.

(e) Is an administrator who has experience in health service administration with at least one year of supervisory or administrative experience related to home health care or a home health care program.

(f) Repealed by Acts 2021, No. 181, §2, eff. June 11, 2021.

(11) Governing the licensing and operation of home health care agencies, which may include rules relating to licensure information, licensing procedure, agency policies, qualifications and responsibilities of service disciplines, clinical records, and requirements for recordkeeping.

(12) Requiring the administrator of each agency to comply with the minimum continuing education requirements established by the secretary.

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

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §14; Acts 1984, No. 347, §1; Acts 1985, No. 912, §1; Acts 1991, No. 136, §1; Acts 1995, No. 1252, §1; Acts 1997, No. 590, §1, eff. July 3, 1997; Acts 2018, No. 206, §4; Acts 2021, No. 181, §§1, 2, eff. June 11, 2021; Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:7 — LA Code / Code revised-statutes / Title 40 / Section 7
Communicable disease epidemic; procedure
Status: in_force

A. If any parish or municipality or any portion thereof becomes infected with any disease to such an extent as to threaten the spread of the disease to the other portions of the state, the state health officer shall issue his proclamation declaring the facts and ordering the infected parish or municipality or the infected portion thereof quarantined. Further, the state health officer shall order all local health officers to quarantine against the locality; shall establish and promulgate the rules, regulations, terms, and conditions on which intercourse with the infected locality will be permitted; and shall issue to the other local sanitary authorities instructions as to the measures adopted in quarantining against persons, goods, or other property coming from the infected locality. These rules, regulations, terms, and conditions shall be observed and obeyed by all health authorities. Any other of the noninfected portions of the state may, upon approval of the state health officer, add to the regulations, rules, terms, and conditions already imposed by the state health officer.

B. The state health officer may prohibit the introduction into any infected portion of the state persons acclimated, unacclimated, or said to be immune, when, in his judgment, the introduction of those persons would increase the prevalence of the disease.

C. The state health officer shall render to the local health officers all the assistance which the conditions of his finances permit.

Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1113.7 — LA Code / Code revised-statutes / Title 40 / Section 1113.7
Autologous donations
Status: in_force

The provisions of this Part shall not be construed or interpreted to prohibit or exclude autologous donations or preparation, handling and storage of autologous donations of blood, blood products, body tissue, or body fluids for the intended purpose of transfusions or reimplantation into the original donor.

Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.147 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1427 — LA Code / Code revised-statutes / Title 40 / Section 1427
Reports
Status: in_force

The insurance fraud investigation unit, fraud support unit, and insurance fraud section shall submit a combined annual report to the governor and the insurance committees of each house of the legislature no later than February fifteenth of each year on the progress made in deterring insurance fraud. Such report shall detail:

(1) All expenditures and receipts of the insurance fraud investigation unit, fraud support unit, and insurance fraud section.

(2) The uses to which these funds were put, including payment of salaries and expenses, purchases of equipment and supplies, and other expenditures by type.

(3) The results achieved as a consequence of such expenditures, including the number of notifications or inquiries received, the number of inquiries and investigations undertaken, the number of inquiries to which an investigation was not initiated, the number of arrests, the number of files presented to prosecutors, the number of prosecutions, the number of convictions, and the total dollar amount of restitution resulting from the operation of the insurance fraud investigation unit, fraud support unit, and insurance fraud section, as applicable to each.

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2010, No. 1013, §2, eff. July 1, 2010.
La. Rev. Stat. § 40:1484.28 — LA Code / Code revised-statutes / Title 40 / Section 1484.28
Rules adopted
Status: in_force

The state fire marshal shall adopt and issue rules, in accordance with the provisions of the Administrative Procedure Act, establishing standards for the installation, repair, maintenance, use, operation, and inspection of inflatable amusement devices, amusement attractions, and amusement rides for the protection of the public. The rules shall be based upon generally accepted engineering standards and shall be concerned with but not necessarily limited to engineering force stresses, safety devices, and preventive maintenance. The rules shall provide for the reporting of accidents and injuries incurred from the operation of inflatable amusement devices, amusement attractions, or amusement rides.

Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:2011 — LA Code / Code revised-statutes / Title 40 / Section 2011
Immunization information; shingles; pneumonia
Status: in_force

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

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

C. Nothing in this Section shall be construed to require any licensed nursing home to provide or pay for any immunization against the varicella-zoster virus or pneumonia.

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

Acts 2016, No. 155, §1.
La. Rev. Stat. § 40:1486.1 — LA Code / Code revised-statutes / Title 40 / Section 1486.1
Purpose
Status: in_force

The legislature finds that the production of oil for the energy needs of the state and the nation is of vital concern, and the safety of those who work in the offshore industry and those who transport those workers is also of vital concern; therefore, the legislature directs the director of aviation of the aviation section of the Department of Transportation and Development to participate in education, communication, and promotion of aviation safety in the offshore oil and gas industry. The legislature's goal is to reduce to as low as reasonably practicable the instances of helicopter accidents in the oil and gas industry by promotion of the adoption of safe practices in such operations. The legislature recognizes that Congress has delegated the responsibility for regulation of such operators to the Federal Aviation Administration ("FAA"), which has promulgated regulations as published in the Code of Federal Regulations to all Part 133 and Part 135 operators, and which has further, by its issuance of Operations Specifications to such operators, required them to conduct such operations with the highest degree of safety in the public interest.

Acts 2010, No. 572, §1, eff. June 25, 2010; Acts 2011, No. 147, §1, eff. June 24, 2011.
La. Rev. Stat. § 40:1501.3 — LA Code / Code revised-statutes / Title 40 / Section 1501.3
Ouachita Parish Fire Protection District No. 1; authority to levy additional sales and use tax
Status: in_force

A. The Ouachita Parish Fire Protection District No. 1 is hereby authorized to levy and collect an additional one-half of one percent sales and use tax within the Ouachita Parish Fire Protection District No. 1 pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana.

B. The proceeds of the tax herein authorized shall be used for maintaining and operating fire protection facilities and obtaining water for fire protection purposes.

C. The sales and use tax so levied shall be imposed by an ordinance of the Board of Commissioners of Ouachita Parish Fire Protection District No. 1 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, Title 47 of the Louisiana Revised Statutes of 1950; said tax being previously approved by a majority of the electors of Ouachita Parish voting in an election conducted in accordance with the election laws of the state of Louisiana on October 21, 1995.

D. This tax shall be in addition to all other taxes and shall be collected at the same time and in the same manner as set forth in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950.

Acts 1996, 1st Ex. Sess., No. 25, §1, eff. May 6, 1996.
La. Rev. Stat. § 40:1173.4 — LA Code / Code revised-statutes / Title 40 / Section 1173.4
Health Data Panel; advisory council to the secretary of the Louisiana Department of Health
Status: in_force

A. The department shall create the Health Data Panel. The purpose of the Health Data Panel shall be to make recommendations to the secretary for the implementation of the requirements of this Subpart.

B. Members of the Health Data Panel shall be appointed by the secretary and shall represent all interests involved in the collection and publication of provider- and health plan- specific cost, quality, and performance data elements. Members shall include but not be limited to purchasers of health care, hospitals and other service providers, consumer and patient advocacy groups, quality improvement and health information technology groups, physicians, and any other individuals or groups as deemed necessary by the secretary.

C. The Health Data Panel shall consider the provisions set forth in R.S. 40:1173.3.

D. The secretary or his designee shall serve as the chairman of the meetings of the Health Data Panel. The secretary shall convene meetings of the Health Data Panel on an annual basis and as needed to fulfill the provisions of this Subpart. The secretary may use the recommendations of the Health Data Panel to fulfill the responsibilities of the department as set forth in this Subpart.

E. Members of the Health Data Panel shall serve without compensation.

Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.114 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1057.8 — LA Code / Code revised-statutes / Title 40 / Section 1057.8
Hearing before report of criminal violation
Status: in_force

It shall be the duty of each district attorney, parish attorney, or city attorney to whom the secretary reports any violation of this Chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this Part is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the secretary or his designated agent, either orally or in writing, or by attorney, with regard to such contemplated proceeding.

Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1730.44 — LA Code / Code revised-statutes / Title 40 / Section 1730.44
Scope of State Building Energy Conservation Code
Status: in_force

A. New state buildings constructed in Louisiana shall comply with the State Building Energy Conservation Code.

B. The facility planning and control section of the division of administration may modify the specific requirements of this Part for state-owned historic buildings and may provide alternate requirements which will result in a reasonable degree of energy efficiency.

Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.
La. Rev. Stat. § 40:1300.35 — LA Code / Code revised-statutes / Title 40 / Section 1300.35
Duty of medical practitioners
Status: in_force

A. Any medical practitioner, in discharging his duty to a disabled person whom he has undertaken to examine or treat, shall make a reasonable search for an identifying device, and, if the identifying device is found, may make a reasonable search for an identification card of the type described in Section 1300.33(B).

B. There shall be no cause of action against a medical practitioner for making a reasonable search of a disabled person to locate an identifying device, and if the identifying device is found, for making a reasonable search for an identification card of the type described in Section 1300.33(B).

Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.75 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1121.24 — LA Code / Code revised-statutes / Title 40 / Section 1121.24
Use of controlled dangerous substances while pregnant; multidisciplinary team
Status: in_force

A. A district attorney in a parish with a population of not less than twenty-seven thousand and not more than thirty thousand, a parish with a population of not less than one hundred fifty thousand and not more than one hundred sixty thousand, and a parish with a population of not less than three hundred thousand and not more than four hundred thousand according to the most recent federal decennial census may convene a multidisciplinary team to assist in making a determination of the appropriate disposition of a case where a pregnant woman under arrest tests positive for controlled dangerous substances for which she does not have a valid, legal prescription, as provided for in the Uniform Controlled Dangerous Substances Law. Each member of the multidisciplinary team shall serve a term of two years.

B. The multidisciplinary team may include but is not limited to the following persons:

(1) A Louisiana board-certified physician trained in obstetrics and gynecology.

(2) A licensed nurse with experience in caring for drug- or alcohol-exposed newborn infants.

(3) A law enforcement officer employed by a local or state law enforcement agency.

(4) An employee of the Department of Children and Family Services with a background and experience with federal and state benefits, such as Medicaid.

(5) An individual associated with a nonprofit organization with a background and experience in charitable and faith-based resources for treatment of alcohol and drug abuse or addiction.

(6) A licensed social worker or counselor with training and experience in the treatment of drug or alcohol addiction.

C. As used in this Section, "appropriate disposition" may include but shall not be limited to filing a petition for involuntary commitment as provided for in R.S. 28:53 and 53.2 to a public facility or a private facility willing to accept the pregnant woman for treatment.

D. The authority provided by the provisions of this Section shall exist from the time of arrest to the time of dismissal, acquittal, or conviction.

Acts 2012, No. 579, §1; Redesignated from R.S. 40:1094 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1495.1 — LA Code / Code revised-statutes / Title 40 / Section 1495.1
Concordia Parish Monterey Fire Protection District Number One
Status: in_force

Notwithstanding the provisions of R.S. 40:1495, a board of commissioners of the Concordia Parish Monterey Fire Protection District Number One is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall have responsibility for the operation and maintenance of the district. Members shall receive no per diem but may be reimbursed any expenses incurred in performing the duties imposed upon them by virtue of their serving as members. The board shall consist of five members appointed by the governing authority for the parish of Concordia and each member shall be a resident and elector of the Concordia Parish Monterey Fire Protection District Number One and shall serve on such board at the pleasure of the governing authority of the parish of Concordia.

Added by Acts 1981, No. 138, §1.
La. Rev. Stat. § 40:1484.27 — LA Code / Code revised-statutes / Title 40 / Section 1484.27
Waiver of inspection
Status: in_force

The state fire marshal may waive the requirement that an inflatable amusement device, amusement attraction, amusement ride, or any component part be inspected before being operated in this state if an operator gives satisfactory proof to the office of state fire marshal that such device, amusement attraction, ride, or any component part has passed an inspection conducted by a public agency whose inspection standards and requirements are at least equal to those requirements and standards established by the state fire marshal pursuant to the provisions of this Part.

Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1496.12 — LA Code / Code revised-statutes / Title 40 / Section 1496.12
Washington Parish; Fire Protection District Numbers One through Eight
Status: in_force

A. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number One of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number One of Washington Parish shall be administered by the board of commissioners.

B. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Two of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Two of Washington Parish shall be administered by the board of commissioners.

C. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Three of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Three of Washington Parish shall be administered by the board of commissioners.

D. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Four of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Four of Washington Parish shall be administered by the board of commissioners.

E. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Five of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Five of Washington Parish shall be administered by the board of commissioners.

F. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Seven of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of not more than eight members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Seven of Washington Parish shall be administered by the board of commissioners.

G. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Six of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Six of Washington Parish shall be administered by the board of commissioners.

H. Notwithstanding the provisions of R.S. 40:1495 and 1496, the board of commissioners of the Fire Protection District Number Eight of Washington Parish is hereby created. The board of commissioners shall perform all duties, functions, and powers provided in this Part and shall be responsible for the operation and maintenance of the district. The board shall consist of five members appointed by the governing authority of Washington Parish. Each member shall be an elector of Washington Parish and a resident of the district. The commissioners shall receive compensation as provided by R.S. 40:1498 and shall serve at the pleasure of the governing authority of Washington Parish. All funds of the Fire Protection District Number Eight of Washington Parish shall be administered by the board of commissioners.

Acts 1986, No. 940, §1; Acts 1988, No. 394, §1; Acts 1992, No. 994, §1; Acts 1995, No. 75, §1.
La. Rev. Stat. § 40:1788 — LA Code / Code revised-statutes / Title 40 / Section 1788
Identification with number or other mark; obliteration or alteration of number or mark
Status: in_force

A. Each manufacturer, importer, and dealer in any firearm shall identify it with a number or other identification mark approved by the department and shall mark or stamp or otherwise place the number or mark thereon in a manner approved by the department.

B. No one shall obliterate, remove, change, or alter this number or mark.

Acts 2016, No. 340, §1.
La. Rev. Stat. § 40:1168.6 — LA Code / Code revised-statutes / Title 40 / Section 1168.6
Rulemaking
Status: in_force

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

Acts 2019, No. 207, §1.
La. Rev. Stat. § 40:1464 — LA Code / Code revised-statutes / Title 40 / Section 1464
Commercial driver's curriculum; human trafficking training
Status: in_force

A. Beginning January 1, 2025, any trade school, community college, agency, public or private school, or person offering instruction in the operation of commercial motor vehicles as part of a commercial motor vehicle driving course curriculum shall include a minimum of thirty minutes of industry-specific anti-trafficking training on the recognition, prevention, and reporting of human trafficking.

B. The Board of Regents shall identify and establish industry-specific anti-trafficking training materials for use in instruction on the recognition, prevention, and effective reporting of human trafficking by applicants as a requirement to obtain a Class "A", "B", or "C" commercial driver's license. The board may collaborate with organizations that specialize in and offer training materials on the recognition, prevention, and reporting of human trafficking for commercial truckers. The board shall review and update the training materials to account for changes and trends in human trafficking once every three years, at minimum. The provisions contained in this Subsection shall become effective on August 1, 2024.

Acts 2024, No. 132, §1.
La. Rev. Stat. § 40:1677 — LA Code / Code revised-statutes / Title 40 / Section 1677
Intermediate support for joists; floor strength; railings for floor openings
Status: in_force

In any house, building, or structure in process of erection or construction where the distance between the enclosing walls is more than twenty-four feet in the clear, there shall be built and maintained proper intermediate supports for the joists. These supports shall be brick work walls, iron or steel columns, beams, trusses or girders of wood, or other material of sufficient strength. The floors in all such houses, buildings, or structures in the process of erection or construction shall be designed and constructed in such manner as to be capable of bearing on all their parts, in addition to the floor construction, partitions, and permanent fixtures and mechanisms that may be set upon them, a live load of twenty-five pounds for every square foot of surface. Every opening in such floor shall be railed all around with a substantial railing four feet in height. Every owner, builder, lessee, contractor, or sub-contractor of any such house, building, or construction, or the superintendent or agent of any of them, shall see that all the provisions of this Section are complied with.
La. Rev. Stat. § 40:1558.6 — LA Code / Code revised-statutes / Title 40 / Section 1558.6
Eligibility of applicants
Status: in_force

A. Eligible applicants shall have met, at a minimum, the following requirements:

(1) Resided in the state for at least one year prior to application.

(2) Completed a two-year associate degree program or completed two years of a four-year degree program at a public college or university or completed one year at a public vocational or technical school.

(3) Volunteered for a minimum of two years with a volunteer or combination fire department prior to application and, at the time of application, is serving as a volunteer firefighter.

B. A recipient shall be disqualified from receiving tuition reimbursement from the fund if the board determines either of the following:

(1) That the recipient has failed to maintain good standing with the attending college, university, or vocational or technical school.

(2) That the recipient has discontinued service as a volunteer firefighter.

Acts 2013, No. 310, §2.
La. Rev. Stat. § 40:967 — LA Code / Code revised-statutes / Title 40 / Section 967
Prohibited acts - Schedule II; penalties
Status: in_force

A. Manufacture; distribution. Except as authorized by this Part or by Part VII-B of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any person knowingly or intentionally:

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

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

B. Violations of Subsection A. Any person who violates Subsection A of this Section with respect to:

(1) Except as otherwise provided in Paragraphs (2), (3), and (4) of this Subsection, a substance classified in Schedule II for an amount of:

(a) An aggregate weight of less than twenty-eight grams, shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and may, in addition, be fined not more than fifty thousand dollars.

(b) An aggregate weight of twenty-eight grams or more, shall be imprisoned at hard labor for not less than one year nor more than twenty years and may, in addition, be fined not more than fifty thousand dollars.

(2)(a) Production or manufacturing of amphetamine or methamphetamine shall be sentenced to imprisonment at hard labor for not less than ten years nor more than thirty years, at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence, and in addition may be sentenced to pay a fine of not more than five hundred thousand dollars.

(b) This Subparagraph shall be cited as the "Child Endangerment Law". When the state proves in addition to the elements of the crime as set forth in Subsection A of this Section that a minor child twelve years of age or younger is present in the home, mobile home or other inhabited dwelling at the time of the commission of the offense, the minimum mandatory sentence shall be fifteen years without benefit of parole, probation, or suspension of sentence.

(3) Production or manufacturing of cocaine or cocaine base or a mixture or substance containing cocaine or its analogues as provided in Schedule II(A)(4) of R.S. 40:964 or oxycodone as provided in Schedule II(A)(1)(p) of R.S. 40:964 or methadone as provided in Schedule II(B)(15) of R.S. 40:964 shall be sentenced to imprisonment at hard labor for not less than ten nor more than thirty years, at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence, and may be fined not more than five hundred thousand dollars.

(4) Fentanyl or a mixture or substance containing a detectable amount of fentanyl or its analogues, or carfentanil or a mixture or substance containing a detectable amount of carfentanil or its analogues, shall be punished as follows:

(a) On conviction of an aggregate weight of less than twenty-eight grams, imprisonment at hard labor for not less than five years nor more than forty years, at least five years of which shall be served without benefit of parole, probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than fifty thousand dollars.

(b) On a first conviction of an aggregate weight of twenty-eight grams or more but less than two hundred fifty grams, imprisonment at hard labor for not less than seven years nor more than forty years, at least seven years of which shall be served without benefit of parole, probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than fifty thousand dollars.

(c) On a second conviction of an aggregate weight of twenty eight grams or more but less than two hundred fifty grams, imprisonment at hard labor for not less than thirty years nor more than forty years, at least ten years of which shall be served without benefit of parole, probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than five hundred thousand dollars.

(d) On a third conviction of an aggregate weight of twenty eight grams or more but less than two hundred fifty grams, imprisonment at hard labor for not less than ninety-nine years without benefit of parole, probation, or suspension of sentence, and may, in addition, be required to pay a fine of not more than five hundred thousand dollars.

(e) On conviction of an aggregate weight of two hundred fifty grams or more, life imprisonment at hard labor, at least twenty-five years of which shall be served without benefit of parole, probation, or suspension of sentence.

(f)(i) If the offender unlawfully distributes or dispenses fentanyl or a mixture or substance containing a detectable amount of fentanyl or its analogues, or carfentanil or a mixture or substance containing a detectable amount of carfentanil or its analogues, which is the direct cause of serious bodily injury to the person who ingested or consumed the substance, the offense shall be classified as a crime of violence, and the offender shall be imprisoned at hard labor for an additional period of five years without benefit of probation, parole, or suspension of sentence. The additional penalty imposed pursuant to this Subparagraph shall be served consecutively to the sentence imposed under this Paragraph.

(ii) For purposes of this Subparagraph, "serious bodily injury" shall have the same meaning as provided by R.S. 14:2(C).

(iii) This Subsection shall be known and may be cited as "Millie's Law".

C. Possession. It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance as classified in Schedule II unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, as provided in R.S. 40:978 while acting in the course of his professional practice, or except as otherwise authorized by this Part. Any person who violates this Subsection with respect to:

(1) An aggregate weight of less than two grams, shall be imprisoned, with or without hard labor, for not more than two years and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.

(2) An aggregate weight of two grams or more but less than twenty-eight grams shall be imprisoned, with or without hard labor, for not less than one year nor more than five years and, in addition, may be sentenced to pay a fine of not more than five thousand dollars.

(3) Phencyclidine, for an amount of an aggregate weight of less than twenty-eight grams, shall be imprisoned at hard labor for not less than one year nor more than twenty years, or required to pay a fine of not more than five thousand dollars, or both.

(4) Fentanyl or a mixture or substance containing a detectable amount of fentanyl or its analogues, or carfentanil or a mixture or substance containing a detectable amount of carfentanil or its analogues, upon conviction for an amount of:

(a) An aggregate weight of less than two grams, shall be imprisoned, with or without hard labor, for not less than two years nor more than four years.

(b) An aggregate weight of two grams or more but less than twenty-eight grams, shall be imprisoned, with or without hard labor, for not less than two years nor more than ten years and may, in addition, be required to pay a fine of not more than five thousand dollars.

D. If a person knowingly or intentionally possesses a controlled substance as classified in Schedule II, unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, as provided in R.S. 40:978 while acting in the course of his professional practice, where the amount of the controlled substance is an aggregate weight of twenty-eight grams or more, it shall be considered a violation of Subsection A of this Section.

E. Treatment for fentanyl or carfentanil addiction as a condition for probation.

(1) Upon conviction of Paragraph (C)(4) of this Section, possession of fentanyl or carfentanil, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Code of Criminal Procedure Article 893. The court may order the division of probation and parole of the Department of Public Safety and Corrections to conduct a presentence investigation, or may order the defendant to obtain a substance abuse evaluation, for the purpose of determining whether the defendant has a substance abuse disorder.

(2) Upon receiving the report or evaluation, the court shall, if it finds probable cause from such report to believe the defendant has a substance abuse disorder, order a contradictory hearing for the purpose of making a judicial determination on whether the defendant has a substance abuse disorder.

(3) If, at such contradictory hearing, the court determines that the defendant has a substance abuse disorder, it shall require as a condition of probation that the defendant complete a drug treatment program if the following conditions are met:

(a) There is an available program in the local jurisdiction that has sufficient experience in working with criminal justice participants with substance abuse disorders and is certified and approved by the state of Louisiana.

(b) The cost of the approved treatment does not create a substantial financial hardship to the defendant or his dependents. For purposes of this determination, "substantial financial hardship" shall have the same meaning as provided in R.S. 15:175.

(4) If the offender does not successfully complete the drug treatment program, or otherwise violates the conditions of his probation, the court may revoke the probation or impose other sanctions pursuant to Article 900 of the Code of Criminal Procedure.

Amended by Acts 1991, 1st E.S., No. 2, §1; Acts 1991, No. 100, §1; Acts 1991, No. 513, §2; Acts 1993, No. 969, §1; Acts 1994, 3rd Ex. Sess., No. 77, §1; Acts 1997, No. 1284, §1; Acts 1999, No. 1194, §1; Acts 2000, 1st Ex. Sess., No. 13, §1, eff. April 13, 2000; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2001, No. 1036, §1; Acts 2002, 1st Ex. Sess., No. 45, §1, eff. April 18, 2002; Acts 2003, No. 761, §1; Acts 2005, No. 337, §2; Acts 2006, No. 68, §2; Acts 2008, No. 477, §1; Acts 2017, No. 281, §§2, 3; Acts 2018, No. 677, §1; Acts 2022, No. 671, §1; Acts 2023, No. 399, §1.
La. Rev. Stat. § 40:1730.42 — LA Code / Code revised-statutes / Title 40 / Section 1730.42
Definitions
Status: in_force

(1) "Historic buildings" means those buildings specifically designated as historically significant by the state historic preservation officer or by official action of a local government.

(2) "International Energy Conservation Code" means the document developed by the International Code Council, Inc., entitled "International Energy Conservation Code", also referred to as "IECC".

Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2007, No. 110, §1, eff. June 22, 2007; Acts 2012, No. 562, §1; Acts 2022, No. 635, §1.
La. Rev. Stat. § 40:4.11 — LA Code / Code revised-statutes / Title 40 / Section 4.11
Community-type sewage systems and public water systems; permits
Status: in_force

A. The state health officer shall issue his determination of approval or disapproval of a permit for construction of a public water system, including a community water system, or a community-type sewage system within sixty days after receipt of the initial submission to the office of public health of plans and specifications for which a permit is requested pursuant to the state sanitary code.

B. If the office of public health fails to take action to approve or disapprove a plan within seventy-five days after initial submission of the plans and specifications for which approval is sought, then any interested party may bring an action for mandamus against the state health officer or appropriate office of public health, and such officer or office shall be responsible for all costs of court and reasonable attorney fees incurred in the prosecution of such action. Nothing in this Section shall prohibit the party seeking the permit and the office of public health from agreeing in writing to an extension of the time limits specified in this Section.

C. The office of public health of the Louisiana Department of Health shall promulgate rules to implement the requirements of this Section, which rules shall include the establishment of time delays, not in conflict with this Section, within which the office of public health must request further information, clarifications, or changes to plans and specifications received from an applicant, as well as the establishment of time delays, not in conflict with this Section, within which an applicant must supplement his plans and specifications pursuant to a request to do so from the office of public health.

D. Nothing in this Section shall be construed to alter any enforcement authority regarding sewage disposal and water supplies otherwise granted to the state health officer pursuant to statute or rule.

Acts 1999, No. 853, §1.
La. Rev. Stat. § 40:2255.1 — LA Code / Code revised-statutes / Title 40 / Section 2255.1
Definitions
Status: in_force

As used in this Part, the following words have the following meanings unless the context indicates otherwise:

(1) "Prescription drug" means a drug as defined in 21 U.S.C. 321.

(2) "Prescription drug marketing" means to provide educational or marketing information or materials regarding a prescription drug in any form including but not limited to all of the following:

(a) Face-to-face meetings.

(b) Physical mailings.

(c) Telephone conversations.

(d) Electronic mail or facsimile.

Acts 2017, No. 220, §1.
La. Rev. Stat. § 40:1170.2 — LA Code / Code revised-statutes / Title 40 / Section 1170.2
Definitions
Status: in_force

For purposes of this Subpart, the following terms have the meaning ascribed to them in this Section:

(1) "Anatomical gift" means a donation of all or part of a human body that takes effect after the death of the donor for the purpose of transplantation or transfusion.

(2) "Auxiliary aid or service" means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the individual to better understand the information. An auxiliary aid or service may include any of the following:

(a) Qualified interpreters or other effective methods of making aurally delivered materials available to persons who are deaf or hard of hearing.

(b) Qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments.

(c) Supported decision-making services, including all of the following:

(i) The use of a support individual to communicate information to the person with a disability, ascertain the wishes of the person, or assist the person in making decisions.

(ii) The disclosure of information to a legal guardian, authorized representative, or another individual designated by the person with a disability for such purpose. A person making such disclosure shall do so in conformance with all applicable requirements of state and federal law, including but not limited to those of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d et seq.) and any federal regulations promulgated by the United States Department of Health and Human Services for implementation of that law.

(iii) If an individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual's health care and that medical decisions are in accordance with the individual's own expressed interests.

(iv) Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities, including assistive communication technology.

(3) "Covered entity" means any of the following entities:

(a) Any licensed provider of healthcare services, including licensed healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers.

(b) Any entity responsible for matching anatomical gift donors to potential recipients.

(4) "Disability" has the meaning ascribed in 42 U.S.C. 12102.

(5) "Organ transplant" means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.

(6)(a) "Qualified recipient" means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift.

(b) An individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift shall be deemed to be a qualified recipient regardless of any of the following:

(i) Whether he has access to individuals or entities available to support and assist him with an anatomical gift or transplantation.

(ii) Whether he has access to auxiliary aids or services.

(iii) Whether reasonable modifications to the policies, practices, or procedures of a covered entity are implemented, including modifications to allow for either of the following:

(aa) Communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation.

(bb) Consideration of support networks available to the individual, including family, friends, and home- and community-based services, including home- and community-based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled, or any program or source of funding available to the individual, when determining whether the individual is able to comply with post-transplant medical requirements.

Acts 2019, No. 57, §3, eff. May 30, 2019.
La. Rev. Stat. § 40:1300.73 — LA Code / Code revised-statutes / Title 40 / Section 1300.73
Individualized investigational drugs; facility and manufacturer abilities
Status: in_force

A. A manufacturer operating within an eligible facility and in accordance with all applicable Federalwide Assurance for the Protection of Human Subjects laws and regulations may make available an individualized investigative treatment and an eligible patient may request an individualized investigational drug, biological product, or device from an eligible facility or manufacturer operating within an eligible facility in accordance with this Part. This Part shall not require a manufacturer to make available an individualized investigational drug, biological product, or device to an eligible patient.

B. An eligible facility or manufacturer operating within an eligible facility may do all of the following:

(1) Provide an individualized investigational drug, biological product, or device to an eligible patient without receiving compensation.

(2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device.

Acts 2024, No. 750, §1.
La. Rev. Stat. § 40:1057.9 — LA Code / Code revised-statutes / Title 40 / Section 1057.9
Regulations
Status: in_force

The authority to promulgate regulations for the efficient enforcement of this Chapter is hereby vested in the secretary.

Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1227.3 — LA Code / Code revised-statutes / Title 40 / Section 1227.3
Definitions
Status: in_force

As used in this Part, the following terms have the meanings ascribed to them:

(1) "Remote patient monitoring services" means the delivery of in-home healthcare services using telecommunications technology to enhance the delivery of in-home health care, including but not limited to all of the following:

(a) Monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, and other condition-specific data, such as blood glucose and activity trackers.

(b) Medication adherence monitoring.

(c) Interactive video conferencing with or without digital image upload.

(2) "Telehealth" has the same meaning as defined in R.S. 40:1223.3.

Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:1061.1.1 — LA Code / Code revised-statutes / Title 40 / Section 1061.1.1
Definitions
Status: in_force

Wherever used in this Chapter, unless a different meaning clearly appears in the context, the terms, whether singular or plural, have the same meaning as the definitions provided in R.S. 14:87.1.

(1) Repealed by Acts 2022, No. 545, §4.

(2) Repealed by Acts 2022, No. 545, §4.

(3) Repealed by Acts 2022, No. 545, §4.

(4) Repealed by Acts 2022, No. 545, §4.

(5) Repealed by Acts 2022, No. 545, §4.

(6) Repealed by Acts 2022, No. 545, §4.

(7) Repealed by Acts 2022, No. 545, §4.

(8) Repealed by Acts 2022, No. 545, §4.

(9) Repealed by Acts 2022, No. 545, §4.

(10) Repealed by Acts 2022, No. 545, §4.

(11) Repealed by Acts 2022, No. 545, §4.

Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1997, No. 906, §3, eff. July 10, 1997; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2011, No. 411, §1; Acts 2013, No. 259, §1, eff. June 10, 2013; Redesignated from R.S. 40:1299.35.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 4, 6B; Redesignated from R.S. 40:1061.9.

NOTE: Former R.S. 40:1061.1.1 redesignated as R.S. 40:1061.1.3 by Acts 2022, No. 545, §6C.
La. Rev. Stat. § 40:722 — LA Code / Code revised-statutes / Title 40 / Section 722
Penalty for violations
Status: in_force

Whoever violates any provision of this Part shall be fined, for the first offense, not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than ninety days, or both. For each subsequent offense, he shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than ninety days nor more than six months, or both.
La. Rev. Stat. § 40:416 — LA Code / Code revised-statutes / Title 40 / Section 416
Public hearings to create regional or consolidated authority or increase its area of operation
Status: in_force

A. The governing body of a parish or municipality shall not adopt any resolution authorized by R.S. 40:411 or 413 unless a public hearing has first been held. The governing body shall give notice of the time, place, and purpose of the public hearing at least ten days prior to the day on which it is to be held, in a newspaper published in the parish or municipality, as the case may be, or, if there is no newspaper published therein, in a newspaper published in the state and having a general circulation in the parish or municipality. On the date fixed for the hearing, an opportunity to be heard shall be granted to all residents of the parish or municipality and to all other interested persons.

B. In determining whether dwelling accommodations are unsafe or insanitary the governing body of a parish shall take into consideration the safety and sanitation of dwellings; the light and air space available to the inhabitants of such dwellings; the degree of overcrowding; the size and arrangement of the rooms; and the extent to which conditions exist in such dwellings which endanger life or property by fire or other causes.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1217.12 — LA Code / Code revised-statutes / Title 40 / Section 1217.12
Contracts
Status: in_force

The medical center may enter into contracts and agreements with persons, colleges, universities, associations, corporations, municipalities, and other units of government as necessary to develop and expand kidney health care programs and services.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.92 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.59 — LA Code / Code revised-statutes / Title 40 / Section 1730.59
Design review
Status: in_force

To ensure compliance with the building code, the state fire marshal or an approved third-party provider shall review designs, plans, and specifications of industrialized buildings for compliance with the building code.

Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:626 — LA Code / Code revised-statutes / Title 40 / Section 626
Exceptions as to false advertising by agencies
Status: in_force

Publishers, radio broadcast licensees, television broadcast licensees, advertising agencies, and other agencies or mediums for dissemination of advertising do not violate the provisions of R.S. 40:625(C) by the dissemination of any false advertisement when the dissemination is caused by the manufacturer, packer, distributor, or seller who resides in Louisiana. However, the manufacturer, packer, distributor, or seller is amenable to the prosecution and penalties provided for the violations of that Subsection. No publisher, radio broadcast licensee, television broadcast licensee, advertising agency, or other agency or medium for the dissemination of advertising shall willfully refuse, on reasonable request of an officer or employee duly designated by the department, to furnish to the officer or employee the name and post office address of the manufacturer, packer, distributor, or seller, residing in Louisiana, who caused him to disseminate any such advertisement.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:426 — LA Code / Code revised-statutes / Title 40 / Section 426
Creation of new local authority in parishes and municipalities excluded from regional or consolidated authority
Status: in_force

A. At any time after a parish or municipality is excluded from an area of operation of a regional or consolidated housing authority, the governing body of the parish or municipality, regardless of the population thereof, may adopt a resolution declaring that there is a need for a housing authority in the parish or municipality, as the case may be. If the governing body finds such need in the same manner and subject to the same conditions prescribed for this finding in the case of regular parish and municipal authorities, a public body corporate and politic known as the housing authority of the parish or the municipality shall exist therefor.

B. Such an authority possesses the same powers, duties, and functions as a regularly created parish or municipal authority, as the case may be, and is subject to the provisions of this Part applicable thereto.

C. Nothing in this Part prevents the parish or municipality from thereafter being included within the area of operation of a regional or consolidated housing authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1300.37 — LA Code / Code revised-statutes / Title 40 / Section 1300.37
Falsifying identification or misrepresenting condition
Status: in_force

Any person who, with intent to deceive, provides, wears, uses, or possesses a false identifying device or identification card of the type described in Section 1300.33(B) shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the parish jail for not more than ninety days, or by a fine of not more than three hundred dollars, or both.

Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.77 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:31.32 — LA Code / Code revised-statutes / Title 40 / Section 31.32
Individual sewage fees
Status: in_force

A. In order to partially support the state cost of providing sewerage program services including site assessments and plans and specifications reviews in accordance with state Sanitary Code requirements, the department shall charge and collect the fees as provided by this Section.

B. The department shall charge and collect a one-time fee of one hundred fifty dollars for each individual-type sewerage system installed for residential use. Such fee shall be payable by the manufacturer or, if authorized by the department, manufacturer-authorized system distributor, franchise, sale, or agent thereof.

C. The Department of Environmental Quality shall charge and collect for each sewage hauler license issued an annual fee of one hundred dollars payable by the individual seeking licensure.

D.(1) For each sewerage installer license issued to a person who installs sewage treatment systems, the department shall charge and collect an annual fee of one hundred fifty dollars payable by the individual seeking licensure.

(2) For each sewerage maintenance license issued to a person who maintains or services sewage treatment systems, the department shall charge and collect an annual fee of one hundred fifty dollars payable by the individual seeking licensure.

(3) For each combination installer and maintenance license issued to a person who installs and maintains or services sewage treatment systems, the department shall charge and collect an annual fee of one hundred fifty dollars payable by the individual seeking licensure.

E. The department shall charge and collect an inspection fee of one hundred fifty dollars for each sewerage treatment and interrelated systems inspection or related request associated with loanmaking procedures for existing residential and commercial properties. The fee shall be payable by the individual requesting such inspection or related activity.

F. Repealed by Acts 2025, No. 514, §2, eff. July 1, 2025.

Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2004, No. 667, §2, eff. July 5, 2004; Acts 2008, No. 56, §3, eff. July 1, 2009; Acts 2018, No. 206, §4; Acts 2025, No. 514, §§1, 2, eff. July 1, 2025.
La. Rev. Stat. § 40:1730.66 — LA Code / Code revised-statutes / Title 40 / Section 1730.66
State fire marshal; state health officer; authority
Status: in_force

A. Nothing in this Part shall be construed to prevent the state fire marshal from enforcing the fire protection, life safety, accessibility, and high-rise laws of this state.

B. Nothing in this Part shall be construed as to prevent the state fire marshal from enforcing the Commercial Building Energy Conservation Code as provided in R.S. 40:1730.41 et seq.

C. Nothing in this Part shall be construed as to prevent the state health officer from enforcing any applicable requirements of the State Sanitary Code as provided in R.S. 40:4.

D. Nothing in this Part shall be construed to authorize the state fire marshal to adopt or amend the Louisiana State Uniform Construction Code.

Acts 2007, No. 364, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:1580.1 — LA Code / Code revised-statutes / Title 40 / Section 1580.1
Fire alarms; hotel or motel rooms
Status: in_force

A. Every new or renovated hotel or motel room shall have sleeping rooms equipped with approved fire detection and alarm systems for the deaf or hard of hearing in case of fire in accordance with the requirements of Section 9 of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) table 9.1.2 and 9.1.3.

B. In hotels or motels not covered by Subsection A which have fewer than fifty rooms one system shall be available. In such hotels or motels with more than fifty but fewer than one hundred rooms at least two systems shall be available. In such hotels or motels with more than one hundred rooms four systems shall be available. The availability of such system shall be posted in every room.

Acts 1997, No. 894, §1; Acts 2017, No. 146, §8.
La. Rev. Stat. § 40:996.5 — LA Code / Code revised-statutes / Title 40 / Section 996.5
Rulemaking; special provisions; procedural safeguards
Status: in_force

A. Notwithstanding any other provision of law to the contrary, if the secretary believes that there is an imminent hazard to the public health, safety, and welfare and the adoption of a rule declaring a substance a dangerous substance and the issuance of a dangerous substance stop order is necessary, a rule may be adopted pursuant to the provisions of this Section.

B. The secretary shall publish a notice of intention to adopt a rule declaring a substance to be a dangerous substance and to issue a dangerous substance stop order regarding the sale, distribution, manufacture, or dispensing of the dangerous substance, in the official state journal at least twice within a fifteen-day period prior to the adoption of the rule.

C. The notice shall provide for all of the following:

(1) An explanation of the basis and rationale for the intended action, a summary of the information, and data supporting the intended action.

(2) The time, the location, and the manner in which interested persons may present their views thereon.

(3) A statement that the intended action complies with the provisions of R.S. 40:996.1 through 996.7.

(4) The text of the proposed rule.

D. The secretary shall afford all interested persons reasonable opportunity to submit data, views, comments, or arguments, orally or in writing. The opportunity for oral presentation or argument shall be granted if requested within five days after the initial publication of the notice as provided for in this Section.

E. The rule shall provide for all of the following:

(1) A recitation of the determinations and findings required by the provisions of R.S. 40:996.3(B) and the reasons for those determinations and findings.

(2) A specific list of the substances declared to be dangerous substances.

(3) A dangerous substance stop order prohibiting the sale, distribution, manufacture, or dispensing of the dangerous substance.

F.(1) The secretary shall transmit and deliver within seven days after the initial publication of the notice in the official journal of the state as provided for in Subsection B of this Section, a copy of any proposed rules to the speaker of the House of Representatives, the president of the Senate, the chairman of the House Committee on Health and Welfare, and the chairman of the Senate Committee on Health and Welfare for review. The chairmen of such committees shall review the proposed rules to determine whether to conduct legislative oversight hearings.

(2) Legislative oversight shall be in accordance with the provisions of R.S. 49:966, except as provided in this Section.

(3) Any legislative oversight committee hearing approving or finding unacceptable any proposed rules shall be held within fourteen days of receipt of the proposed rules by the presiding officers of each house of the legislature and any action by the governor to disapprove the action of the committee shall be taken within four days of receipt of the report of the committee by the governor.

G. The rule shall become effective thirty days following the initial publication in the official state journal unless an oversight hearing is conducted and the rule is found unacceptable by the oversight committee and the governor does not disapprove of the action taken by the oversight committee. The rule shall remain in effect through the sixtieth day after final adjournment of the succeeding regular legislative session.

H. Except as specifically provided for in this Section, the rule shall be adopted pursuant to the provisions of the Administrative Procedure Act.

Acts 2012, No. 347, §1.
La. Rev. Stat. § 40:1917 — LA Code / Code revised-statutes / Title 40 / Section 1917
Penalty
Status: in_force

Whoever violates a provision of this Part shall be fined not less than one hundred nor more than one thousand dollars.

Acts 1993, No. 586, §1; Acts 1999, No. 585, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1357.
La. Rev. Stat. § 40:1098.6 — LA Code / Code revised-statutes / Title 40 / Section 1098.6
Attorney general; injunctive or declaratory relief
Status: in_force

A. The attorney general may bring a civil action to enforce compliance with this Part in a court of competent jurisdiction.

B. The attorney general may seek injunctive or declaratory relief and any other appropriate remedy in order to protect a minor from those harms resulting from conduct that is prohibited pursuant to this Part.

C. Venue pursuant to this Section shall be that same venue which is provided in R.S. 40:1098.5.

D. If the court grants relief pursuant to this Section, the court shall award attorney fees and all costs of the proceeding against the defendant for violation of this Part.

E. Nothing in this Part shall be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state to institute or intervene in any proceeding.

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

NOTE: Former R.S. 40:1098.6 redesignated as R.S. 40:1079.16 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2175.9 — LA Code / Code revised-statutes / Title 40 / Section 2175.9
Cease and desist order; due process rights; penalty for violation
Status: in_force

A. In addition to the provisions of R.S. 40:2175.6(H), the secretary is empowered to issue a written cease and desist order to prevent or terminate an unsafe condition or an illegal practice or for a violation of this Chapter or Chapter 5 of this Title or a violation of any regulation or order of the department issued pursuant thereto whenever the secretary knows or has reasonable cause to believe that such unsafe condition or illegal practice exists or is likely to occur related to an outpatient abortion facility.

B.(1) An aggrieved party who is licensed by this Part and who is affected by the secretary's decision or order may seek an appeal in the same manner as provided for in R.S. 40:2175.6(H).

(2) An aggrieved party who is not licensed by this Part may seek a de novo review of the secretary's decision or order by filing a petition for review in the Nineteenth Judicial District Court for the parish of East Baton Rouge.

C. Any order issued pursuant to this Section shall become effective upon service thereof in person or by registered mail on the violator and shall remain effective except to the extent modified, stayed, terminated, or set aside by action of the secretary or by the Nineteenth Judicial District Court in the parish of East Baton Rouge.

D. If no timely appeal is demanded by the aggrieved party pursuant to Subsection B of this Section, the cease and desist order shall become final.

E. If the violator subsequently engages in activities that violate a final cease and desist order, the secretary may seek the enforcement of such order by civil action filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.

F. Except as provided in R.S. 40:2175.10, 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 five hundred dollars nor more than five thousand dollars per violation.

Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:4.10 — LA Code / Code revised-statutes / Title 40 / Section 4.10
Public notice of infectious medical waste storage by landowner
Status: in_force

A.(1) If a landowner, lessees, and occupants have actual or constructive knowledge that his property has been, or is being used, for the storage of infectious medical waste, as is defined by R.S. 40:4(A)(2)(b), or has been identified by the department as a storage facility for infectious medical waste, the landowner, lessees, and occupants shall cause notice of the location of the storage facility to be recorded in the conveyance records of the parish in which the property is located.

(2) Such notice shall be made in a form approved by the state health officer and within the time specified by the state health officer. If a landowner, lessees, and occupants fail or refuse to record such notice, the state health officer may, if he determines that the public interest requires, and after due notice and an opportunity for a hearing with the division of administrative law has been given to the landowner, lessees, and occupants, cause such notice to be recorded at the cost of the landowner, lessee, or occupant.

(3) The clerk of court of the parish in which the property is located shall forward to the Louisiana Department of Health, office of public health, center for environmental health services, the Department of Environmental Quality, the local fire department, the municipal police department, and the local sheriff a copy of each notice recorded by a landowner, lessees, and occupants in accordance with this Subsection.

B.(1) If any person wishes to remove such notice, he shall notify the state health officer prior to requesting the removal by the clerk of court in the parish where the property is located. The request shall specify the facts supporting removal of the notice, including any evidence that the waste no longer poses a potential threat to the public health. Upon finding that the infectious medical waste is no longer present and no longer poses a potential threat to public health, the state health officer shall approve removal of the notice.

(2)(a) If approval is granted by the state health officer, the request may be made by affidavit to the clerk of court for the removal of the notice, and it shall be removed. Within ten days after removal, the clerk of court shall send a notice of the removal to the state health officer.

(b) If the state health officer objects to the removal of such notice, or fails to make a final determination upon the request within ninety days, the person desiring to have the notice removed may petition the division of administrative law for removal of the notice and after a contradictory hearing between the landowner, lessee, or occupant, the clerk of court, and the state health officer or his designee, the administrative law judge may grant such relief upon adequate proof by the petitioner that the property no longer contains the infectious medical waste which posed a threat to health or to the environment.

C. This Section shall not apply to the following:

(1) Infectious medical waste generated at a residence by individuals.

(2) Small healthcare and medical facilities, being defined as those facilities generating in any given month, or cumulatively stored in any given month, infectious medical waste meeting both of the following criteria:

(a) Less than twenty-five kilograms (fifty-five pounds), not including sharps.

(b) Less than five kilograms (eleven pounds) of sharps.

(3) An office at a particular location operated by a licensed, registered, or certified healthcare provider actively engaged in the practice of his profession whose office prominently displays to the public such practice of healthcare profession.

(4) A "pharmacy" as defined in R.S. 37:1164.

(5) A "hospital" as defined in R.S. 40:2102.

(6) A medical facility located at a commercial or industrial site used primarily to administer medical services to site personnel.

(7) Postsecondary educational institutions, including but not limited to schools of medicine, pharmacy, dentistry, veterinary science, nursing, and allied health professions and any related clinical and research programs.

D. The failure of a landowner, lessees, or occupants to file the required notice under this Section may subject him to a fine, payable to the department, of not less than fifty dollars per day and not more than five hundred dollars per day and not to exceed ten thousand dollars per violation per calendar year.

E. Nothing in this Section shall be deemed to derogate or detract in any way from the functions, powers, or duties prescribed by law of any other department of this state.

Acts 2002, 1st Ex. Sess., No. 14, §1, eff. April 18, 2002; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2453 — LA Code / Code revised-statutes / Title 40 / Section 2453
Powers and duties
Status: in_force

The council shall have the following powers and duties:

(1) To develop, foster, and coordinate services and programs of physical fitness and sports for the people of Louisiana.

(2) To sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities.

(3) To give recognition to outstanding developments and achievements in, and contributions to, physical fitness and sports.

(4) To stimulate physical fitness research.

(5) To collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and sports.

(6) To assist the Department of Education in helping schools in developing health and physical fitness programs for students.

(7) To encourage local governments and communities to develop local physical fitness programs and amateur athletic competitions.

(8) To develop programs to promote personal health and physical fitness in cooperation with medical, dental, and other similar professional societies.

(9) To enlist the support of individuals, civic groups, amateur and professional sports associations, and other organizations to promote and improve physical fitness and sports programs.

Added by Acts 1980, No. 751, §2.
La. Rev. Stat. § 40:1485.8 — LA Code / Code revised-statutes / Title 40 / Section 1485.8
Criminal penalty
Status: in_force

If a person willfully violates any provision of this Subpart, the person shall be guilty of a misdemeanor and, upon conviction of the first offense, shall be subject to a fine not to exceed twenty-five dollars and for subsequent convictions, up to one hundred dollars.

Acts 2003, No. 928, §1.
La. Rev. Stat. § 40:536 — LA Code / Code revised-statutes / Title 40 / Section 536
Tenant commissioners
Status: in_force

Tenancy in a local housing authority development or receipt of other assistance from such authority shall not preclude the appointment of any person to serve as a commissioner. Notwithstanding any other Subpart of this Chapter, a resident or recipient of other assistance who is a commissioner may participate in any decision of the authority except a decision that specially affects his or her individual interests. In the event that the appointing authority intends that a commissioner's appointment is made within the intention that such commissioner represent the persons assisted by said local housing authority, then his or her certificate of appointment shall so state. In the event that any such commissioner so appointed and designated shall cease to reside in a development of, or otherwise cease to receive assistance from, the authority which such person serves as commissioner, then his or her term of office shall automatically terminate, and a successor shall be appointed to fill such vacancy in the manner provided in this Subpart.

Amended by Acts 1985, No. 317, §1, eff. July 9, 1985; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2189 — LA Code / Code revised-statutes / Title 40 / Section 2189
Operating without or in violation of license; injunctive relief
Status: in_force

If any hospice operates without a valid license issued by the department or if any organization or entity uses the term "hospice" in its name or represents itself as a "hospice" without being licensed as provided herein, the department may cause a civil suit for injunctive relief to be instituted in a district court in the parish in which the facility is located, including a temporary restraining order, to restrain the institution, agency, corporation, person or persons, or any other group operating the facility from continuing the violation. Nothing in this Section shall be construed to prohibit the use of the term "hospice" by nonprofit organizations qualifying under the provisions of 26 CFR 1.501(c)(3)-1, for the express purpose of providing support to licensed hospices in Louisiana.

Acts 1988, No. 941, §2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1453 — LA Code / Code revised-statutes / Title 40 / Section 1453
Credit to special fund
Status: in_force

All appropriations made for the payment of the supplemental salaries provided by this Sub-part shall be credited to the special fund in the state treasury created by R.S. 40:1667.2, and the funds so credited shall be and remain dedicated to the payment of the supplemental salaries provided in R.S. 40:1452.

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

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
La. Rev. Stat. § 40:2120.42 — LA Code / Code revised-statutes / Title 40 / Section 2120.42
Definitions
Status: in_force

As used in this Part:

(1) "Adult day health care" means a medical model adult day health care program designed to provide services for medical, nursing, social, care management, and personal care needs to adults who are functionally impaired. Such services are rendered for a portion of a twenty-four-hour day by utilizing licensed professionals in a center-based nursing program.

(2) "Adult day health care provider" or "provider" means any place owned or operated for profit or nonprofit by a person, society, agency, corporation, institution, or any other group wherein two or more functionally impaired adults who are not related to the owner or operator of such agency are provided with adult day health care services, as defined in this Section.

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

(4) "Functionally impaired adults" means persons seventeen years of age or older who are physically or mentally impaired to a degree that they are in need of supervision.

Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2008, No. 174, §1.
La. Rev. Stat. § 40:397 — LA Code / Code revised-statutes / Title 40 / Section 397
Area of operation of local housing authority established by parish
Status: in_force

In the case of a local housing authority established by a parish, the authority's area of operation shall be all of the parish except that portion which lies within the territorial boundaries of any municipality in which a local housing authority has been established.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2120.6 — LA Code / Code revised-statutes / Title 40 / Section 2120.6
Operation without license; penalty
Status: in_force

A. A home- and community-based service provider shall not operate without a license issued by the licensing agency, regardless of provider payor source. Any such facility or provider operating 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 assure enforcement.

B. If a home- and community-based service provider is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency.

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

Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008.
La. Rev. Stat. § 40:2326 — LA Code / Code revised-statutes / Title 40 / Section 2326
Bonds and fees limited to water pollution control projects
Status: in_force

The authority herein granted to issue revenue bonds and to levy and collect charges is for the specific object and purpose of providing state funds to supplement grants made pursuant to Federal Water Quality Administration requirements to any political subdivision of this state that provides sanitary sewerage collection and/or treatment facilities to its citizens and the revenues accruing to the state under the provisions hereof are dedicated solely for the purpose of supplementing such grant offers either through the funding thereof as above provided or through cash expenditures.

Acts 1970, No. 171, §6, emerg. eff. June 29, 1970 at 7:00 P.M.
La. Rev. Stat. § 40:2612 — LA Code / Code revised-statutes / Title 40 / Section 2612
In rem proceedings
Status: in_force

A. A judicial in rem forfeiture proceeding brought by the district attorney pursuant to a Notice of Pending Forfeiture or verified petition for forfeiture is subject to the provisions of this Chapter. If authorized by law, a forfeiture shall be ordered by the court in the in rem action.

B. An action in rem may be brought by the district attorney in addition to, or in lieu of, civil in personam forfeiture procedures. The state may serve the petition in the manner provided by Paragraph (3) of Section 2608 of this Chapter.

C. Only an owner of or an interest holder in the property may file an answer asserting a claim against the property in an action in rem. For the purposes of this Section, an owner of or interest holder in property who has filed a claim and answer shall be referred to as a claimant.

D. The answer shall be signed by the owner or interest holder under penalty of false swearing and shall be in accordance with C.C.P. Art. 1003 and shall set forth all of the following:

(1) The caption of the proceedings as set forth on the Notice of Pending Forfeiture or petition and the name of the claimant.

(2) The address where the claimant will accept mail.

(3) The nature and extent of the claimant's interest in the property.

(4) The date, identity of the transferor, and the circumstances of the claimant's acquisition of the interest in the property.

(5) The specific provision of this Section relied on in asserting that it is not subject to forfeiture.

(6) All essential facts supporting each assertion.

(7) The precise relief sought.

E. The answer shall be filed within fifteen days after service of the civil in rem petition. No claimant shall be required to pay court costs to contest a forfeiture proceeding, except in a final judgment.

F. The state and any claimant who has timely answered the petition may, at the time of filing its pleadings, or at any other time not less than thirty days prior to the hearing, serve discovery requests on any other party, the answers or response to which shall be due within fifteen days of service. Discovery may include deposition of any person at any time after the expiration of fifteen days after the filing and service of the petition. Any party may move for a summary judgment at any time after an answer or responsive pleading is served and not less than thirty days prior to the hearing.

G. The issue shall be determined by the court alone, and the hearing on the claim shall be held within sixty days after service of the petition unless continued for good cause. In a forfeiture case wherein no claim is timely filed pursuant to the provisions of this Chapter, the burden of proof to forfeit shall be probable cause. In a forfeiture case, wherein a claim is timely filed pursuant to the provisions of this Chapter, the burden of proof required to forfeit the defendant's property shall be a preponderance of the evidence.

H. If the district attorney fails to show the existence of probable cause for forfeiture, or a claimant establishes by a preponderance of the evidence that the claimant has an interest that is exempt under the provisions of Section 2605 of this Chapter, the court shall order the interest in the property returned or conveyed to the claimant. The court shall order all other property forfeited to this state and conduct further proceedings pursuant to the provisions of Section 2615 and 2616 of this Chapter.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1.
La. Rev. Stat. § 40:1271.2 — LA Code / Code revised-statutes / Title 40 / Section 1271.2
Mandatory identification of infected corpses
Status: in_force

A. Each hospital, nursing home, and coroner which requests a funeral director or embalmer to transport a corpse shall notify any such funeral director, embalmer, or a representative thereof whenever there is actual knowledge that the corpse is infected with a contagious disease. The hospital, nursing home, or coroner shall inform the funeral director, embalmer, or representative thereof that the corpse is infected with a contagious disease during the initial telephone communication requesting that the corpse be transported. Further notification shall include a clearly visible, external tag that is readily discernible from other identification markers and a written statement that clearly indicates the name of the contagious disease or causative agent infecting or infesting said corpse. Such notification shall be made in a manner that protects the confidentiality of the deceased and the funeral director or embalmer handling the corpse.

B. The Louisiana Department of Health through the office of public health shall promulgate rules and regulations to provide for the disposition by hospitals, nursing homes, coroners, and other medical personnel of corpses infected with known contagious diseases and to implement the provisions of this Section. Such regulations shall include, at a minimum, a requirement that each hospital, nursing home, and coroner's office establish staff procedures for implementing this law.

C. Whoever violates the provisions of this Section shall be fined not more than five thousand dollars. Violation of the provisions of this Section shall constitute grounds for suspension or revocation of the professional license or certificate of the violator or for other disciplinary action by the respective professional regulatory board.

Acts 1988, No. 668, §1; Redesignated from R.S. 40:1099.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2267.1 — LA Code / Code revised-statutes / Title 40 / Section 2267.1
Creation; purpose; approval of criminalistics laboratory by Louisiana Commission on Law Enforcement and the Administration of Criminal Justice
Status: in_force

The Acadiana Criminalistics Laboratory Commission is hereby created to maintain and operate the Acadiana Criminalistics Laboratory, which has been established in Iberia Parish, Louisiana, with the approval of the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice, said commission and laboratory to serve the southwest Louisiana parishes of Acadia, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, St. Mary and Vermilion, comprising the Evangeline Law Enforcement Planning District, said commission to operate the Acadiana Criminalistics Laboratory for the purpose of crime detection, prevention, investigation and other related activities in connection with criminal investigation.

Added by Acts 1972, No. 554, §1.
La. Rev. Stat. § 40:1057.3 — LA Code / Code revised-statutes / Title 40 / Section 1057.3
Regulations on aerosols; warnings; mandatory reporting
Status: in_force

A. Any warning on aerosol products shall be prominently located in relation to the brand name and shall be displayed in bold type. In addition, all ingredients must be listed in bold type.

B. All manufacturers of aerosol products containing toxic substances or which shall have fatal warnings on the containers shall file the proper treatment in case of misuse with the department. The department shall be responsible for compiling a list of such treatments and forwarding such list on a periodic basis as determined by the secretary to the Louisiana State Medical Society for review, and then distribution to all poison centers and other medical personnel and emergency treatment centers who may have cause to use such treatment.

C. Mandatory reporting of accidental or deliberate use causing injury and/or sudden deaths by involvement with aerosol products shall be required of physicians and coroners. Such reports shall be made directly to the office of health services and environmental quality of the Louisiana Department of Health. The department is directed to:

(1) Establish the necessary operations to receive statistics of use causing injury or deaths by aerosols.

(2) Forward statistical information to the Department of Education and other specified agencies on a quarterly basis.

(3) Direct coroners or pathologists who perform autopsies to be cognizant of the possible involvement of aerosols in the case being examined and particularly in the sudden death of youths.

Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1664.11 — LA Code / Code revised-statutes / Title 40 / Section 1664.11
Life Safety and Property Protection Education Board
Status: in_force

A. The Life Safety and Property Protection Education Board is hereby created and placed within the Department of Public Safety and Corrections as further provided by R.S. 36:409(E)(4). The board shall be composed of fifteen members, as follows:

(1)(a) Fourteen members shall be appointed by the governor from a list of nominees submitted to the governor by any licensed firm, the Louisiana Life Safety and Security Association, the Louisiana Fire Sprinkler Association, the Louisiana Automatic Fire Alarm Association, or any conveyance device trade association.

(b) The board shall consist of members representing all aspects of life safety and property protection. Each of the technical endorsements shall be represented by at least one board member licensed for such. Members who have only a specialty endorsement may be appointed if all the technical endorsements have representation.

(c) Any person appointed to the board shall be licensed pursuant to this Subpart and shall have been engaged in life safety and property protection contracting for a minimum of four years prior to his appointment, except that two members may be from an associate industry to life safety and property protection for which no license is required but shall be legally registered to do business in Louisiana.

(2)(a) One member shall be an employee of the office of the state fire marshal designated by the state fire marshal.

(b) Such member shall serve as the chairman of the board but shall not vote except in the event of a tie vote of the members present and voting.

B.(1) Each appointed member shall serve a term of four years.

(2) The member designated by the state fire marshal shall serve a term concurrent with the term of the state fire marshal making such designation.

(3) No member shall serve more than two consecutive terms except the member designated by the state fire marshal.

(4) A vacancy on the board occurring prior to expiration of a term shall be filled in the manner of the original appointment for the remainder of the term.

C. The board shall meet upon the call of the chairman or upon the written request of any three members of the board. Notice of any such meeting shall be given to board members and the public at least seven days in advance.

D. Eight members of the board shall constitute a quorum for the transaction of business. The board may take action by a majority vote of its members present and voting.

E. Each appointed member of the board may be reimbursed for travel and related expenses incurred, not to exceed those expenses authorized for reimbursement by the State Travel Guide, for each day that the member engages in board business.

F. No member of the board shall be liable in a civil action for any act performed in good faith in the execution of his duties as a board member.

G. The board shall have the authority to approve all training, certification, and examination requirements for licensure under this Subpart. The board shall have the authority to approve written training programs as acceptable equivalents for meeting the training or examination requirements of this Subpart. The board may also accept, as such an equivalent, licensure of a firm or person by a jurisdiction outside this state which has standards and requirements of practice which substantially conform to the provisions of this Subpart. The board shall also establish continuing education requirements.

H. In the absence of an appointed board, the state fire marshal shall determine and approve licensing equivalencies, written training programs, examination requirements, and continuing education requirements.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2022, No. 623, §5, eff. July 1, 2022.
La. Rev. Stat. § 40:469 — LA Code / Code revised-statutes / Title 40 / Section 469
Liability on bonds; debt limitations
Status: in_force

A. Neither the commissioners of a housing authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.

B. The bonds and other obligations of a housing authority shall not be a debt of the municipality or parish, the state, or any public agency thereof, and the bonds and obligations shall so state on their face. Except as the state, or a municipality, parish, or other public agency shall otherwise expressly agree, and further except as the bonds of a housing authority, duly authorized by such agreement, shall specifically and directly otherwise provide, neither the state, nor any municipality or parish, nor any public agency other than the housing authority issuing the bonds shall be liable thereon. Nor, in any event, shall such bonds or obligations be payable out of any funds or properties other than those of such issuing housing authority or any guarantor or insurer of such authority.

C. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:400 — LA Code / Code revised-statutes / Title 40 / Section 400
Cooperative jurisdiction
Status: in_force

Notwithstanding the area of operation as defined herein, all local housing authorities may cooperate and contract with all other local housing authorities and other public agencies within this state and any public agencies of any other state, with the federal government, and with any person or entity, public or private, and wherever located, in order to carry out the purposes of this Chapter. Such cooperation may include but shall not be limited to activities and operations conducted with the agreement of any public agency. Therefore, the area of operation of a local housing authority shall be deemed to include any other area or areas within any municipality or parish, regardless of location, with respect to which the municipality or parish within whose boundaries the area or areas lie agrees to allow the local housing authority to operate.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1061.29 — LA Code / Code revised-statutes / Title 40 / Section 1061.29
Penalties
Status: in_force

A. Whoever violates the provisions of this Chapter shall be fined not more than one thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or both.

B. Whoever violates the provisions of this Chapter shall be subject to a civil fine of one thousand dollars per incidence or occurrence. In addition to any other authority granted by the constitution and laws of this state, the attorney general shall have the authority to pursue the civil fines provided for in this Section.

C. In addition to whatever remedies are otherwise available under the law of this state, failure to comply with the provisions of this Chapter shall:

(1) Provide a basis for a civil malpractice action. Such an action may be brought by the woman upon whom the abortion was performed. Any intentional violation of this Chapter shall be admissible in a civil suit as prima facie evidence of a failure to comply with the requirements of this Chapter. When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed.

(2) Provide a basis for professional disciplinary action, including but not limited to any action authorized under R.S. 37:1261 et seq.

(3) Provide a basis for recovery for the woman for the death of her unborn child under Civil Code Article 2315.2, whether or not the unborn child was viable at the time the abortion was performed, or was born alive.

(4) Provide a basis for the attorney general, the district attorney in whose jurisdiction the violation occurred, or the secretary of the department to obtain a writ of injunction, which shall not be subject to being released upon bond. The trial of the proceeding shall be summary and by the judge without a jury.

Added by Acts 1978, No. 435, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.18 by Acts 2008, No. 220, §14; Acts 2011, No. 411, §1, eff. Aug. 15, 2011; Acts 2013, No. 259, §1, eff. June 10, 2013; Redesignated from R.S. 40:1299.35.19 by HCR 84 of 2015 R.S.; Acts 2019, No. 435, §1, eff. June 22, 2019.
La. Rev. Stat. § 40:2192 — LA Code / Code revised-statutes / Title 40 / Section 2192
State certified hospice attendant; certification eligibility; registry
Status: in_force

A. "State certified hospice attendant" means a former inmate of a Louisiana state prison with a hospice provider license issued by the Louisiana Department of Health who shall be eligible to be employed as a nonlicensed person by a provider licensed to provide hospice services pursuant to this Part if the following provisions are satisfied:

(1) He shall not have been convicted of a sex offense as defined by R.S. 15:541.

(2) While incarcerated, he shall have successfully completed the training required by Subsection B of this Section.

(3) He shall hold a certification issued by the Department of Public Safety and Corrections.

(4) He shall submit notice of his certification to the Louisiana Department of Health in a manner prescribed by the department.

(5) There are no federal restrictions or prohibitions against the person providing hospice services.

B. The Department of Public Safety and Corrections, by a division of the department that has secured hospice provider licensure pursuant to this Part, shall have the authority to provide state certified hospice attendant training to an eligible inmate in state custody under the supervision and direction of a licensed physician or registered nurse. The training shall include a minimum of:

(1) Forty hours of classroom training, which shall include sixteen hours of skills training.

(2) Four hours of orientation to the clinical training site.

(3) Forty hours of clinical training, which shall include hands-on patient or resident care.

C. The Department of Public Safety and Corrections and the Louisiana Department of Health shall jointly approve a program curriculum for training state certified hospice attendants, which shall include the time allotted for each unit or subject and the time allotted to skills instruction including but not limited to:

(1) At least sixteen hours in the following areas, prior to any direct contact with a patient or resident:

(a) Communication and interpersonal skills.

(b) Infection control.

(c) Safety and emergency procedures.

(d) Promoting patient or resident independence.

(e) Respecting patient or resident rights.

(2) At least sixteen hours of supervised skills practical training prior to clinical instruction.

(3) Basic caregiving skills.

(4) Personal care skills.

(5) Mental health and social service needs.

(6) Care of residents with intellectual disabilities or other cognitive impairments.

(7) Basic restorative services.

(8) Residents' rights.

D. Upon successful completion of the training program provided for in Subsection B of this Section, the Department of Public Safety and Corrections shall issue a certificate of completion to the inmate. The Department of Public Safety and Corrections shall promulgate rules and regulations necessary to provide for the issuance of the certificate of completion which shall include the ability to earn the certificate prior to release and any conditions that may be required to maintain certification in good standing until release.

E. The Louisiana Department of Health shall establish a state certified hospice attendant registry for the purpose of maintaining an eligibility roster of individuals who have complied with the provisions of this Section to be employed as a state certified hospice attendant. Access to the registry shall be limited to an inquiry for a specific state certified hospice attendant. The Louisiana Department of Health shall promulgate rules and regulations necessary for the maintenance of the registry which shall include but not be limited to the form or format in which a certified hospice attendant shall provide and update his information.

F. The Department of Public Safety and Corrections, in consultation with the Louisiana Department of Health, shall publish rules and regulations to implement the curriculum established pursuant to Subsection C of this Section and shall provide for minimum continuing education or training requirements to maintain state certification in good standing.

G. Nothing in this Section shall be construed to establish a right to employment with any licensed hospice provider. However, upon employment the hospice provider shall disclose to its employees, patients, and patients' immediate family members that the state certified hospice attendant has successfully completed all state certification training and registry requirements for employment, including successful completion and release from a sentence served at a state prison.

Acts 2019, No. 229, §1.
La. Rev. Stat. § 40:1163.1 — LA Code / Code revised-statutes / Title 40 / Section 1163.1
Electronic health care transactions; electronic signature authentication and identification system
Status: in_force

A. As used in this Section, the following terms shall have the following meanings:

(1) "Authorization" means a consent, an approval, or an authorization between persons.

(2) "Electronic signature authentication and identification" means the process of authenticating identification using a system of form, location, and endorsement pursuant to Subsections B and C of this Section.

B. Electronic signature authentication and identification may be used for an individual who participates in agreements, authorizations, contracts, records, or other transactions that involve individually identifiable health information, including medical records and recordkeeping, transfer of medical records, medical billing, health care proxies, health care directives, consent to medical treatment, medical research, and organ and tissue donation or procurement.

C. Electronic signature authentication and identification pursuant to Subsection B of this Section may be implemented by an interactive system of security procedures that include any of the following:

(1) A tamper-proof electric appliance that receives input of unique identification numbers, unique biometric identifiers, or location devices.

(2) A computerized authentication process for biometric identifiers that is linked to the appropriate identification numbers upon receipt of the identifiers.

(3) Transmission of verification of the identifiers to a securely maintained electronic repository.

D. The provisions of this Section shall not be construed to supersede or preempt applicable state and federal law, including the Louisiana Uniform Electronic Transactions Act, as established in R.S. 9:2601 et seq., the Health Insurance Portability and Accountability Act of 1996 and associated regulations, and 21 CFR Part 11.

Acts 2008, No. 738, §1, eff. July 3, 2008; Redesignated from R.S. 40:1299.40.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1387 — LA Code / Code revised-statutes / Title 40 / Section 1387
Control of officers; municipalities
Status: in_force

When a situation develops in a municipality which, in the judgment of the chief law enforcement official of such municipality, constitutes an emergency, then the said chief law enforcement officer of the municipality shall have the sole authority, command and control of all peace officers or police officers within the municipality during the said emergency; provided that the governor may supercede the chief law enforcement officer at any time during such emergency as he deems appropriate.

Amended by Acts 1958, No. 120, §1; Acts 1972, No. 386, §1; Acts 1974, No. 256, §1, eff. Jan. 1, 1975.
La. Rev. Stat. § 40:1574 — LA Code / Code revised-statutes / Title 40 / Section 1574
Construction or repair of structures
Status: in_force

A. No structure, watercraft, or movable shall be constructed until building plans and specifications therefor have been submitted to and reviewed by the fire marshal and appear to him to satisfactorily comply with the laws, rules, regulations, and codes of the state.

B. No repair, remodeling, or addition shall be made to any structure, watercraft, or movable affecting the exits, stairs, seating arrangement, fire protection, or other details of construction covered by this Part until plans and specifications therefor have been submitted to and reviewed by the fire marshal and appear to him to satisfactorily comply with the laws, rules, regulations, and codes of the state.

C. If within any twelve month period, alterations or repairs costing in excess of fifty percent of the then physical value of the building are made to an existing building, such building shall be made to conform to the requirements of the code for new construction.

D. Where an entire floor of a facility, building, or structure is substantially renovated, that floor shall be made to conform with the requirements of the code for new construction to such extent as the state fire marshal may determine to be practicably feasible, provided however, and notwithstanding the provisions of R.S. 40:1578.1(A), the board of review shall be the final authority on issues of practical feasibility.

E. Altered elements in existing facilities shall be made to conform to the requirements of the code for new construction to such extent as the state fire marshal may determine is practicably feasible, provided however, and notwithstanding the provisions of R.S. 40:1578.1(A), the board of review shall be the final authority on issues of practical feasibility.

F. The physical value of a building in Subsection C of this Section may be established by an appraisal not more than three years old, provided that said appraisal was performed by a certified appraiser, or by the tax assessor in the parish where the building is located. In the absence of such an appraisal, the physical value of the building in Subsection C of this Section shall be established by the state fire marshal.

G. The cost of alterations or repairs in Subsection C of this Section may 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.

H. Persons who wish to appeal a decision of the state fire marshal relative to the physical values of buildings or the estimations of the cost of alterations or repairs in Subsection C of this Section may request an opinion from the board of review as provided in R.S. 40:1578.1 through 1578.5.

I. If the occupancy of an existing building is entirely changed, the building shall be made to conform to the requirements of the code for the new occupancy. If the occupancy of only a portion of an existing building is changed, and that portion is properly separated from the remainder, then only such portion need be made to conform.

J. Repairs and alterations, not covered by the preceding Subsections of this Section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of the code will be made in such manner as will not extend or increase an existing nonconformity or hazard.

K. The state fire marshal shall have the authority to take into consideration practical difficulties and unreasonable economic hardships before applying the strict requirements of this Section. In cases of practical difficulty or unreasonable economic hardship, the state fire marshal may upon appeal allow alternative arrangements provided a minimum acceptable level of life safety is achieved to the satisfaction of the state fire marshal.

L. An owner or lessee of a hotel, as defined by R.S. 40:1563(M), or the agent of such owner or lessee, shall declare the presence of a carbon monoxide source or the attachment of a parking garage to the hotel at the time building plans and specifications for the hotel are submitted to the fire marshal for review.

Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1991, No. 582, §1; Acts 1997, No. 961, §1; Acts 2014, No. 277, §1.
La. Rev. Stat. § 40:2534 — LA Code / Code revised-statutes / Title 40 / Section 2534
Disclosure of finances
Status: in_force

No law enforcement officer shall be required to disclose, for the purpose of promotion or assignment, any item of his property, income, assets, debts or expenditures or those of any member of such officer's household.

Acts 1985, No. 425, §1.
La. Rev. Stat. § 40:473 — LA Code / Code revised-statutes / Title 40 / Section 473
Short-term bond anticipation notes
Status: in_force

A. A housing authority may borrow money for the purposes for which its bonds are to be issued in anticipation of the receipt of proceeds from the sale of such bonds and within the authorized maximum of such bond issue.

B. Bond anticipation notes shall be issued for all monies borrowed under this Section. Such notes may be issued for a period not exceeding five years and may be renewed from time to time for periods not exceeding one year, but each such note, including renewals, shall mature and be paid not later than five years after the date on which the original note was issued. Such notes shall be authorized by resolution of the board of commissioners of the housing authority and shall be in such denomination or denominations, shall bear interest at such rate or rates, shall be in such form, and shall be executed in such manner, as said board of commissioners shall prescribe. Such notes may be sold at public or private sale in the manner and at such price or prices or for such other consideration, including real or personal property, as the authority shall determine, provided that if such notes be renewal notes, they may be exchanged for notes then outstanding on such terms as the authority shall determine.

Amended by Acts 1950, No. 401, §17; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:637 — LA Code / Code revised-statutes / Title 40 / Section 637
Procedure for reporting violations of Part
Status: in_force

A. Before reporting any violation of this Part to any district attorney for institution of criminal proceedings thereunder, the department may, in accordance with regulations prescribed by it, afford appropriate notice and opportunity for hearing to interested persons upon the question of such violations. The report to the district attorney when such hearings are held shall be accompanied by findings of the appropriate officers and employees.

B. The department need not report for prosecution minor violations of this Part when the purposes of the Part can best be accomplished by a suitable written notice or warning.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1985, No. 346, §1, eff. July 9, 1985.
La. Rev. Stat. § 40:991 — LA Code / Code revised-statutes / Title 40 / Section 991
Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution
Status: in_force

A. An individual who claims possession of a valid prescription for any controlled dangerous substance as a defense to a violation of the provisions of the Uniform Controlled Dangerous Substances Law shall have the obligation to produce sufficient proof of a valid prescription to the appropriate prosecuting office. Production of the original prescription bottle with the defendant's name, the pharmacist's name, and prescription number shall be sufficient proof of a valid prescription as provided for in this Section.

B. As used in this Section, "controlled dangerous substance" shall have the same meaning as provided in R.S. 40:961 and "prescription" shall have the same meaning as provided in R.S. 40:961.

C. Any individual who claims the defense of a valid prescription for any controlled dangerous substance shall raise this defense before commencement of the trial through a motion to quash.

Acts 2009, No. 265, §1.
La. Rev. Stat. § 40:940.52 — LA Code / Code revised-statutes / Title 40 / Section 940.52
Commercial fisherman's catch; transportation and sale
Status: in_force

Notwithstanding any other provision of the law to the contrary, a commercial fisherman shall be exempt from having to possess a "mobile food vendor's permit" while selling his catch directly from either his boat or his place of residence. No commercial fisherman shall be allowed to sell oysters under the provisions of this Section.

Acts 2003, No. 176, §1.
La. Rev. Stat. § 40:1135.6 — LA Code / Code revised-statutes / Title 40 / Section 1135.6
Advanced emergency medical technicians
Status: in_force

In addition to the requirements of R.S. 40:1135.1, any hospital, ancillary medical facility, or ambulance service, whether public or private, may conduct a program utilizing any emergency medical services practitioner to supervise and direct the delivery of emergency medical care to the sick and injured at the scene of an emergency during transport to a hospital, while in the hospital emergency department, and until care responsibility is assumed by the regular hospital staff.

Acts 1977, No. 626, §2. Amended by Acts 1978, No. 469, §1; Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1236 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:75 — LA Code / Code revised-statutes / Title 40 / Section 75
Adult adoption; name changes
Status: in_force

A. Adult adoptions and name changes resulting from the adoptions pursuant to R.S. 9:465 shall have no effect on birth certificates maintained by the vital records registry, except that when a name change is effected pursuant to R.S. 9:465 and an affidavit is presented from the district attorney of the parish or place of residence of the requesting party indicating that there is no objection of the district attorney to the adoptee's name change along with a certified copy of the notarial act of adoption and the appropriate fee, the registrar of vital records shall prepare a new birth certificate to reflect the new name. If there is an objection from the district attorney, the registrar of vital records shall not seal the adopted person's birth certificate nor prepare a new certificate until the grounds for the objection have been removed and confirmed by a supplemental affidavit from the district attorney.

B. In such cases, the validity and civil effects of the notarial act of adoption are in no way affected and shall continue to be governed by the laws applicable thereto.

Acts 1991, No. 630, §1; Acts 2016, No. 434, §3; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1104 — LA Code / Code revised-statutes / Title 40 / Section 1104
Uterine Fibroids Commission
Status: in_force

A. There is hereby established within the Louisiana Department of Health, office on women's health and community health, the Uterine Fibroids Commission.

B. The commission shall be comprised of the following members:

(1) One member from the Louisiana State Nurses Association.

(2) One member from the Louisiana Primary Care Association.

(3) One member from the Christus Health System.

(4) One member from the Southern University and Agricultural and Mechanical College School of Nursing.

(5) One member from the Tulane University School of Public Health.

(6) One member from the Our Lady of the Lake Health System.

(7) One member from the Louisiana Hospital Association.

(8) Two members who are individuals living with uterine fibroids, polycystic ovary syndrome, or endometriosis.

(9) One member from the Louisiana House of Representatives.

(10) One member from the Louisiana Senate.

(11) One member who is the executive director of the governor's office on women's policy.

(12) One member from the Ochsner Health System.

(13) One member from Woman's Hospital of Baton Rouge.

C.(1) The members listed in Paragraphs (B)(1) through (7) and (12) and (13) of this Section shall be appointed by the governor from a list of qualified candidates nominated by the respective organizations.

(2) The members listed in Paragraph (B)(8) of this Section shall be appointed by the governor from a list of self-identified individuals interested in serving on the commission.

(3) The members listed in Paragraphs (B)(9) and (10) of this Section shall be appointed by the speaker of the House of Representatives and the president of the Senate, respectively.

D. Each member shall serve at the pleasure of the appointing authority. Each member appointed by the governor shall be subject to Senate confirmation.

E.(1) The commission shall adopt rules and regulations to provide for the governance of the commission. Such rules and regulations shall include but not be limited to procedures and grounds for the removal of any commission member.

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

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

G. The chairman shall be elected by the commission for a term to be determined by the commission.

H. The domicile of the commission shall be Baton Rouge.

I. The commission shall hold quarterly public meetings unless decided by a vote of the commission or by order of the chairman.

J. The number of commission members necessary to constitute a quorum for the transaction of business shall be one half of the entire membership of the commission. A majority vote of the commission members constituting a quorum shall be necessary for any action taken by the commission.

K. The Louisiana Department of Health shall provide administrative assistance and serve as staff for the commission.

L. The functions of the commission shall be to:

(1) Evaluate functions and activities of existing groups focused on uterine fibroids and other related conditions to collaborate with and engage stakeholders.

(2) Support and contextualize reporting on uterine fibroids and other related conditions.

(3) Serve as an advisory body to the governor and the Louisiana Department of Health on matters relating to uterine fibroids, polycystic ovary syndrome, and endometriosis.

(4) Research and review all state regulations, guidelines, policies, and procedures relative to prevention, treatment, and care of women living with uterine fibroids and other related conditions and, when appropriate, make recommendations to the governor, the secretary of the Louisiana Department of Health, and the legislature.

(5) Provide a forum for an annual public hearing on matters relating to uterine fibroids and other related conditions and provide for other public comment and peer review on federal and state-funded programs related to uterine fibroids and other related conditions.

(6) Make recommendations on policy to ensure that the state establishes public health monitoring, advances research, and provides solutions for women battling uterine fibroids and other related conditions.

M. The commission shall submit an annual written report to the Senate and House committees on health and welfare at least sixty days prior to each regular session. The report shall include a summary of the data relevant to the functions set forth in Subsection L of this Section.

Acts 2025, No. 205, §2.

NOTE: Former R.S. 40:1104 redesignated to R.S. 40:1085.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2325 — LA Code / Code revised-statutes / Title 40 / Section 2325
Redemption of bonds
Status: in_force

A. Each political subdivision that applies for a grant offer from the Federal Water Quality Administration and qualifies for federal aid and assistance under the provisions of Title 33 of Section 1251, et seq. of the United States Code Annotated, may also apply in accordance with the rules and regulations established by the Louisiana Department of Health for state participation in the cost of such water quality control project. The application for state participation in the cost of each project must be accompanied by a certificate of the chief executive officer of the political subdivision that said political subdivision has obligated itself to levy and collect fees or charges as hereinafter provided, sufficient to produce in each year revenues at least equal to 125% of the maximum annual amount required to meet the debt service requirements on any bonds to be issued by the State Bond Commission for the purpose of paying the cost of the state's participation in that particular water quality control project. Said fees or charges to be levied and collected by the political subdivision at the same time and in the same manner as other fees or charges are levied and collected for water services or sewer services furnished to its customers or may be any other type of levy or charge that it is authorized to levy and collect under the constitution and laws of this state for such purpose. The moneys collected by each political subdivision for such purpose shall, after deducting therefrom the cost of administration and collection, which shall be five percent of the gross charge, be remitted to the state treasurer who shall deposit said moneys in a special fund designated "Louisiana Water Quality Control Bond Redemption Fund" to the credit of that political subdivision for the payment of bonds issued by the State Bond Commission to finance the cost of the water quality control project for that political subdivision. Any fee or charge levied by the political subdivision pursuant to this Chapter shall not be decreased or discontinued so long as any bonds issued by the State Bond Commission for the purpose of paying the cost of state participation in that political subdivision's project remain outstanding and unpaid. Upon retirement of the bonds issued for the purpose of state participation in a particular project, any surplus moneys remaining in the said Bond Redemption Fund to the credit of the political subdivision shall be refunded to the political subdivision. The charge levied by the political subdivision shall be known as the "Water Quality Control Charge" and shall be billed and collected monthly, bimonthly or quarterly by the governing authority of the political subdivision providing the sewerage collection and/or treatment facilities and/or any agency, board or commission of the political subdivision responsible for furnishing water to the sewer customers of the political subdivision. All of the funds derived from the collection of said fees or charges less the cost of collection shall be remitted to the state treasurer and placed in the said bond redemption fund to meet maturing principal and/or interest on the bonds issued to finance the cost of state participation in the political subdivision's project.

B. The moneys so paid into the bond redemption fund by each political subdivision shall be dedicated solely to the payment and redemption of the bonds issued by the State Bond Commission for the purpose of participating in the cost of the water quality control project for that particular subdivision; provided, that if there are surplus funds on deposit in said fund to the credit of the political subdivision, then, upon request by the political subdivision, the state treasurer may make cash expenditures therefrom for such projects to the extent that moneys are available therefor in any fiscal year after there have been set aside sufficient funds to meet the principal and interest requirements falling due in the ensuing fiscal year on outstanding bonds which have been issued to finance the cost of prior projects of the political subdivision.

Acts 1970, No. 171, §5, emerg., eff. June 29, 1970 at 7:00 P.M. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:971.2 — LA Code / Code revised-statutes / Title 40 / Section 971.2
Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances
Status: in_force

A. This Section shall be known as and may be cited as the "Pain Management Clinic Drug Abuse and Overdose Prevention Act".

B. It shall be unlawful for a physician, other licensed health care practitioner as defined in R.S. 40:961(31), or any other person to knowingly or intentionally commit any of the following acts:

(1) Assist a patient or any other person in obtaining a controlled dangerous substance through misrepresentation, fraud, forgery, deception, or subterfuge.

(2) Write a prescription for a controlled dangerous substance for a fictitious person.

(3) Distribute or dispense a controlled dangerous substance to a fictitious person.

(4) Operate any type of business or establishment where the primary purpose of the business or establishment is the sale, exchange, barter, or trade of a controlled dangerous substance for anything of value through misrepresentation, fraud, forgery, deception, or subterfuge.

C. Whoever violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years, and in addition may be sentenced to pay a fine of not more than fifty thousand dollars.

Acts 2005, No. 25, §1; Acts 2006, No. 51, §1.
La. Rev. Stat. § 40:701.2 — LA Code / Code revised-statutes / Title 40 / Section 701.2
Revocation of permit
Status: in_force

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

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

C. Any person whose permit for a water vending machine has been revoked shall discontinue the operation of the machine until the machine has been brought into compliance with this Subpart and he shall have obtained a new permit to operate from the department. Added by Acts 1983, No. 510, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1231.5 — LA Code / Code revised-statutes / Title 40 / Section 1231.5
Investment responsibilities
Status: in_force

A. The Patient's Compensation Fund shall be maintained for the use, benefit, and protection of medical malpractice claimants and private health care provider members of the fund. The fund shall be maintained on a sound actuarial basis and the investment practices of the board in administering the fund are an integral part.

B. The prudent man rule shall be applied by the board in investing monies of the fund.

C.(1) The prudent man rule shall require each member of the board and the board collectively to act with the care, skill, prudence, and diligence under the circumstances prevailing that a prudent institutional investor acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.

(2) The prudent man standard requires the exercise of reasonable care, skill, and caution, and is to be applied to investments not in isolation, but in the context of the fund portfolio, and as part of an overall investment strategy, which shall include an asset allocation study and plan for implementation thereof, incorporating risk and return objectives reasonably suited to the fund. The asset allocation study and implementation plan shall include the examination of market value risk, credit risk, interest rate risk, inflation risk, counterparty risk, and concentration risk. The investment policy of the board shall preserve and enhance principal over the long term and provide adequate liquidity and cash flow for the payment of benefits and expenses of the fund and the board under this Part. The investments shall be diversified to minimize the risk of significant losses unless it is clearly prudent to do otherwise.

D.(1) Notwithstanding the prudent man rule, the board shall not invest more than twenty-five percent of the total portfolio in equities, except as provided in Paragraph (2) of this Subsection.

(2) The board may invest more than twenty-five percent of the total portfolio in equities, so long as not more than thirty-five percent of the total portfolio is invested in equities and at least ten percent of the total equity portfolio is invested in one or more index funds which seek to replicate the performance of the chosen indices.

(3) When contemplating any investment, action, or asset allocation, the following factors shall be considered:

(a) The availability of public pricing to value each investment.

(b) The ability to liquidate each investment at a fair market price within a reasonable time for the size of investment being considered.

(c) The degree of transparency that accompanies each investment.

(d) The risk of fluctuations in currency.

(e) The experience of the professionals who will manage each investment and the financial soundness of the business entity employing the professionals.

(f) The degree of diversification within each investment and what each may provide relative to the existing investments.

(g) Whatever leverage is involved.

(h) The jurisdiction of the laws that govern each investment.

(i) The net return expected relative to the risk associated with each investment.

E.(1) The board shall electronically submit semiannual reports beginning January 1, 2012, to the House Committee on Civil Law and Procedure and the Senate Committee on Judiciary A. The reports shall be submitted no later than thirty calendar days after January first and July first of each year and shall contain the following:

(a) The investment return net of investment fees and expenses expressed as a percentage return and dollar amount.

(b) The amount of administrative expenses.

(c) The board-approved target asset allocation.

(d) The current actual asset allocation of the portfolio.

(2) Investment returns reported in accordance with this Subsection shall be by total fund and particular asset class over the six-month period reported, fiscal year-to-date, one-year, three-year, five-year, and ten-year periods.

F. The board is hereby authorized, in requesting proposals for investment advisory services, to require fees to be quoted as a fixed fee, a fee based on market value of assets, or a performance fee.

G.(1) Investment performance reports shall be in compliance with the current Performance Presentation Standards as amended and published by the Association for Investment Management and Research or any successor entity.

(2) Investment performance composite data submitted in response to a request for proposal or any other solicitation or selection process used by the board for hiring an investment manager or investment advisor shall be in compliance with the current Performance Presentation Standards as amended and published by the Association for Investment Management and Research or any successor entity.

(3) The board shall require, at least annually, the investment managers or investment advisors employed or otherwise retained by the board to submit investment performance composite data that is subject to a Level I verification as defined in the Performance Presentation Standards as amended and published by the Association for Investment Management and Research or any successor entity.

H.(1) Consultants and money managers shall provide full disclosure of conflicts of interest to the board. Consultants shall also provide full disclosure of any payments received from money managers, in hard or soft dollars, for any services provided, including but not limited to performance measurement, business consulting, and education.

(2) Each consultant and money manager shall submit a written disclosure report semiannually to the board beginning January 1, 2012. A report shall be submitted regardless of whether the consultant or money manager has any conflict or payment to report. If a reportable agreement is confected during any reporting period, the consultant or money manager shall notify the board of the agreement within seven business days.

I. Any consultant or money manager found to be in violation of Subsection H of this Section shall pay to the board an amount of money equal to the value of the undisclosed revenue or payment and any damages caused by the failure to disclose. Additionally, if the consultant or money manager intentionally failed to disclose as required in Subsection H of this Section, he shall pay to the board an amount equal to three times the value of the revenue or payment he failed to disclose as a penalty and any damages caused by the failure to disclose.

Acts 2011, No. 160, §1; Redesignated from R.S. 40:1299.44.1 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2266.4 — LA Code / Code revised-statutes / Title 40 / Section 2266.4
Scope; cumulative authority
Status: in_force

The provisions of this chapter are optional and supplementary, they are not intended to repeal or supersede any act presently in force or hereafter enacted relative to criminalistics laboratory commissions and the provisions of such other legislative acts, particularly Act 124 of 1971, are continued and shall remain in full effect; and, therefore, the provisions of this act shall be construed to be cumulative authority for the exercise of the powers herein granted.

Added by Acts 1972, No. 174, §3.
La. Rev. Stat. § 40:10 — LA Code / Code revised-statutes / Title 40 / Section 10
Preparation for emergency
Status: in_force

The state health officer shall at all times keep in readiness one or more medical inspectors and nurses, medicines, clothing, bedding, appliances, tents and other paraphernalia so as to repair to any place in the state that applies to him, when deemed necessary by the state health officer, or to any place in the state in which there is an outbreak of communicable disease, with the view of stamping it out. The legislature shall appropriate an annual sum for use by the state health officer for such emergencies. The local authorities shall keep up the work at their own expense after it has been started, if their funds permit.

Acts 1976, No. 346, §1.
La. Rev. Stat. § 40:1049.6 — LA Code / Code revised-statutes / Title 40 / Section 1049.6
Shared information; state police; sheriffs
Status: in_force

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

B. The Department of Public Safety and Corrections, office of state police, is authorized to enter into a cooperative endeavor, memorandum of understanding, contract, or any other agreement with the Louisiana Sheriffs' Association, or any other law enforcement agency in order to share the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part and to provide instant access to all appropriate law enforcement agencies.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:600.44 — LA Code / Code revised-statutes / Title 40 / Section 600.44
Preference to affected areas
Status: in_force

Pursuant to the Robert T. Stafford Act as provided in 42 U.S.C.A. §5150, in the expenditure of federal funds, under the provisions of this Chapter, in the carrying out of activities by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business in the state of Louisiana.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:1461 — LA Code / Code revised-statutes / Title 40 / Section 1461
Requirements for private training and driving instructor schools
Status: in_force

A.(1) Every person engaged in the business of operating a private driving instructor training school or agency, or providing driving courses, shall apply for and procure a license from the Department of Public Safety and Corrections, public safety services. No person shall advertise or otherwise hold himself before the public, for remuneration, as qualified, licensed, or otherwise approved to train or instruct without having first obtained a license or contract with the Department of Public Safety and Corrections, public safety services.

(2) Every person engaged in the business of operating a private driving instructor training school or agency, or providing driving courses, who has or is seeking a contract or license with the Department of Public Safety and Corrections, public safety services, shall consent to, pass, and pay the costs of a criminal history background check pursuant to R.S. 15:587.

B. Every person desiring to train or instruct in driving courses shall file a written application with the commissioner.

C. The commissioner of the office of motor vehicles shall establish rules and regulations in accordance with the Administrative Procedure Act subject to oversight review by the House and Senate committees on transportation, highways, and public works, for the following:

(1) The issuance, suspension, or revocation of licenses.

(2) The requirements and qualifications of each applicant for a contract.

(3) The establishment of the terms, manner, and location of instruction and testing.

(4) The establishment of the causes of suspension or revocation of the license and contract and the imposition of a fine not to exceed one thousand five hundred dollars, pursuant to a schedule, for any violation of statutory law, rules, and regulations or the terms of the contract.

D. The commissioner shall charge a fee of twenty-five dollars for each school or agency. The commissioner shall charge a fee of ten dollars for each additional instructor that the school or agency may employ.

E. The fees collected under this Section shall be paid to the office of motor vehicles of the Department of Public Safety and Corrections and used for its maintenance, operation, and supervision.

F. Every person properly licensed pursuant to this Section on or after June 30, 2012, shall administer in accordance with law and administrative rules promulgated by the Department of Public Safety and Corrections, as a third-party examiner, both the knowledge and on-road driving skills tests required for the issuance of a Class "D" or "E" license in Louisiana.

G. For purposes of this Section as it relates to a driving instructor training school or agency for a Class "D" or "E" license, or a person providing driving courses for a Class "D" or "E" license, the following words and phrases shall have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:

(1) "Engaged in the business of operating a private driving instructor training school or agency" means any person or entity who applies to or contracts with the office of motor vehicles to operate a driving instructor training school or agency pursuant to R.S. 32:408.1 or this Section and any current or prospective employee who works the business including but not limited to an instructor, an examiner, or any staff member who has access to the students' records.

(2) "Principal" means a person or provider who has the primary responsibility for a driver education program at a school or agency.

(3) "Third-party examiner" means a person employed by a third-party tester who is licensed as an instructor and is also authorized by a contract with the state to administer the knowledge and road-skills test for Class "D" and "E" licenses.

(4) "Third-party tester" means a person or entity licensed to provide driving courses who has executed a contract with the department to administer knowledge and road-skills tests required by Louisiana law for driver's license issuance.

Added by Acts 1983, No. 665, §1; Acts 2011, No. 294, §3; Acts 2011, No. 307, §2; Acts 2022, No. 347, §3; Acts 2023, No. 176, §§2,3, eff. June 7, 2023; Acts 2024, No. 579, §1.
La. Rev. Stat. § 40:2713 — LA Code / Code revised-statutes / Title 40 / Section 2713
Operational requirements
Status: in_force

A. A tanning facility shall have an operator present during operating hours. The operator must be sufficiently knowledgeable of the correct operation of the tanning devices used at the facility to inform and assist each customer in the proper use of the tanning devices.

B. The registrant shall provide protective eyewear to each consumer for wear during any use of tanning equipment.

C. The protective eyewear required in Subsection B of this Section shall meet the requirements of 21 CFR 1040.20(c)(5).

D. Tanning facility operators shall use concerted efforts to ensure that consumers wear the protective eyewear required by this Section.

E. The registrant shall ensure that the protective eyewear required by this Section are properly sanitized before each use and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
La. Rev. Stat. § 40:2120.40 — LA Code / Code revised-statutes / Title 40 / Section 2120.40
Operating without a license or in violation of departmental regulations; injunctive relief
Status: in_force

If any adult brain injury facility operates without a valid license issued by the department, or in violation of departmental regulations, the department may cause a civil suit to be instituted in a district court in the parish in which the facility is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any group operating the facility from continuing the violation.

Acts 2005, No. 245, §1, eff. June 29, 2005.
La. Rev. Stat. § 40:2530.4 — LA Code / Code revised-statutes / Title 40 / Section 2530.4
Administration
Status: in_force

A. The secretary of the Department of Public Safety and Corrections shall develop and implement a system to notify citizens when a senior citizen or person with a developmental disability is determined to be missing and that an alert is to be issued to the community to assist law enforcement officials in locating the missing senior citizen or person with a developmental disability.

B. A notification system developed pursuant to the provisions of this Chapter shall include, but not be limited to, the following items:

(1) Procedures to determine that the senior citizen or person with a developmental disability is truly missing.

(2) Procedures for notifying the general public of the fact that a senior citizen or person with a developmental disability is missing and the type of notification to be utilized to inform the general public.

(3) Whether the circumstances of the person deemed missing are aggravated due to the age of the person or a life-threatening medical condition or situation which requires the person to take life-sustaining medication.

(4) Coordinate with and encourage the private sector to participate in secondary distribution, including the creation and distribution of flyers, electronic mail, and text messaging of the missing senior citizen or person with a developmental disability.

C. The alert shall be cancelled upon notification that the missing person has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing person who is the subject of an alert shall notify the Department of Public Safety and Corrections or its designee, as soon as possible that the missing person has been located.

D. The secretary of the Department of Public Safety and Corrections shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Chapter.

Acts 2008, No. 453, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2002.6 — LA Code / Code revised-statutes / Title 40 / Section 2002.6
Earl K. Long Medical Center
Status: in_force

The state operated general hospital located in Baton Rouge, Louisiana, heretofore known as Earl K. Long Memorial Hospital, is hereby designated and shall be hereafter known as Earl K. Long Medical Center.

Acts 1991, No. 390, §3, eff. July 8, 1991.
La. Rev. Stat. § 40:1107.3 — LA Code / Code revised-statutes / Title 40 / Section 1107.3
Funds
Status: in_force

The department may receive monies from any source, including state and federal funds, grants, and gifts which shall be expended for the purposes designated in this Part.

Added by Acts 1983, No. 498, §1; Redesignated from R.S. 40:1299.120 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1133.18 — LA Code / Code revised-statutes / Title 40 / Section 1133.18
Certified ambulance operators; grounds for discipline
Status: in_force

The commission may discipline any certified ambulance operator for any of the following causes by directing the bureau to deny, withhold, revoke, restrict, probate, or suspend a certification to operate as an ambulance operator; imposing fines and assessing costs; or otherwise sanctioning the ambulance operator:

(1) Fraud or any misstatement of fact in the procurement of any certification or in any other statement or representation to the bureau or its representatives.

(2) Conviction of a crime or offense which reflects the inability of the individual to carry out his duties with due regard for the health and safety of clients or patients.

(3) Entering a plea of guilty or nolo contendere to a criminal charge regardless of final disposition of the criminal proceeding, including but not limited to expungement or nonadjudication.

(4) Is unfit or incompetent by reason of negligence, habit, or other cause.

(5) Is mentally incompetent.

(6) Is habitually intemperate in the use of or abuses alcohol or habit-forming drugs.

(7) Is guilty of aiding or abetting another person in violating any provision of this Part.

(8) Continuing or recurring practices which fail to meet the standards of ambulance operators in this state.

(9) Endeavors to deceive or defraud the public.

(10) Is guilty of moral turpitude.

(11) Has violated any rules and regulations of the commission or the bureau or any provision of this Part.

(12) Intentional falsification of any document related to the procurement of any certification or license.

(13) Operating any vehicle in violation of state or local traffic laws.

(14) Revocation, suspension, or any restriction of the ambulance operator 's driver's license.

(15) Failure to maintain all current ambulance operator training standards as required by the bureau.

(16) Has had a certification or license to practice as an ambulance operator denied, revoked, suspended, or otherwise restricted in Louisiana or any other state or territory of the United States.

Acts 2022, No. 644, §1.
La. Rev. Stat. § 40:2025.5 — LA Code / Code revised-statutes / Title 40 / Section 2025.5
Access to information; confidentiality
Status: in_force

A. Notwithstanding any other provision of law to the contrary, on written request of the chair of an overdose fatality review panel and as necessary to carry out the purpose and duties of the review panel, the panel shall be authorized to have access to the following information:

(1) Information and records regarding the physical health, mental health, and treatment for substance use disorder maintained by a healthcare provider, substance use disorder treatment provider, hospital, or health system for an individual whose death or near death is being reviewed by the review panel.

(2) Information and records maintained by a state or local government agency or entity, including but not limited to death investigative information, medical examiner investigative information, law enforcement investigative information, emergency medical services reports, fire department records, prosecutorial records, parole and probation information and records, court records, school records, and information and records of the Department of Children and Family Services if the agency or entity provided services to:

(a) An individual whose death or near death is being reviewed by the review panel.

(b) The family of the decedent being investigated.

B. A person or entity subject to a records request by a review panel pursuant to this Section may charge the review panel a reasonable fee for the service of duplicating any records requested by the panel.

C. The chair of the review panel or the chair's designee may request the individual whose overdose is under review or, if deceased, the individual's next of kin to sign a consent form for the release of confidential information.

D. An individual, entity, or local or state agency that in good faith provides information or records to the local panel shall not be subject to civil or criminal liability or any professional disciplinary action as a result of providing the information or record.

E. A member of a review panel may contact, interview, or obtain information by request from a family member or friend of an individual whose death is being reviewed by the panel.

F. Information and records obtained by the review panel in accordance with the provisions of this Section and the results of any overdose fatality review report shall be confidential and shall not be available for subpoena, nor shall the information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall the records be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. Information and records presented to the review panel shall not be immune from subpoena or discovery or prohibited from being introduced into evidence solely because they were presented to or reviewed by the review panel if the information and records have been obtained from other sources.

G. Any person, agency, or entity furnishing information, documents, and reports in accordance with this Section shall not be liable for the disclosure and shall not be considered in violation of any privileged or confidential relationship if the person, agency, or entity has acted in good faith in the reporting pursuant to this Section.

H. A member of the review panel shall not disclose any information that is confidential under this Section. A person who appears before, participates in, or provides information to the review panel shall sign a confidentiality notice to acknowledge that any information that the person provides to the review panel shall be confidential. Information identifying an overdose victim whose case is being reviewed, or that victim's family members, or regarding the involvement of any agency with the victim or victim's family members shall not be disclosed in any report that is available to the public. Nothing in this Section shall prohibit the publishing by the review panel of statistical compilations relating to overdose fatalities which do not identify a person's case or a person's healthcare provider, law enforcement agency, or organization that provides services to victims.

I. When the review panel concludes a review of an overdose fatality or other review, it shall return all information and records that concern a victim or the victim's family members to the person, agency, or entity that furnished the information.

Acts 2024, No. 498, §1.
La. Rev. Stat. § 40:1487 — LA Code / Code revised-statutes / Title 40 / Section 1487
Authorization of bonds
Status: in_force

A.(1) A public trust and public corporation organized and existing by, under, and pursuant to the provisions of the Louisiana public trust law whose beneficiary is the state of Louisiana is authorized to issue bonds, notes, certificates, or other evidences of indebtedness, hereafter, "the bonds", pursuant to the provisions of the Louisiana public trust law, being R.S. 9:2341 through 2347, on behalf of the Department of Public Safety and Corrections. Additionally, any public trust, political subdivision, district, corporation, or instrumentality authorized to issue revenue bonds on behalf of the state is authorized to issue bonds on behalf of the department in accordance with the provisions of this Section and the constitutional and statutory provisions governing the issuance of bonds by such entities.

(2) The revenue bonds may be issued in order to obtain funds for the relocation, planning, acquisition, construction, and equipping of a Joint Emergency Services Training Center in the parish of East Baton Rouge, a public safety complex, including without limitation a crime lab and the state fire marshal's project at Independence Park in the parish of East Baton Rouge, and troop or regional headquarters throughout the state, and to fund the cost of issuance, credit enhancements, or other obligations related to the issuance of such bonds.

(3) The bonds and any necessary or proper ancillary instruments shall be secured by an irrevocable pledge and dedication of any reinstatement fee, handling fee, or other fees, rates, rentals, charges, grants, or other receipts or income derived by or in connection with an undertaking, facility, project, or any combination thereof, without a pledge of the full faith and credit of the state, hereinafter referred to as "revenues".

(4) The bonds shall be entitled to such priorities on the revenues of the Department of Public Safety and Corrections as provided in a loan agreement, trust indenture, or other instrument.

B. In addition to the pledge of revenues to secure the bonds, the department may, in its discretion, further secure their payment by a mortgage upon the land or facilities acquired by or for the department with the proceeds of the sale of the bonds, with such mortgage subject to such provisions for the making and enforcement of such mortgage and the provisions to be contained therein as may be deemed fit by the department. However, in no event shall the bonds constitute a claim against any property or revenue of the department not specifically pledged or mortgaged for payment of such bonds.

C.(1) When any bonds have been issued and secured as provided in this Section, neither the issuer of the bonds, the department, the state, nor any other entity may act to impair any obligation or contract for the benefit of the holders of the bonds or discontinue or decrease any fee, rate, or other revenue in anticipation of the collection of which the bonds have been issued until all of the bonds have been retired as to principal and interest or irrevocable provision otherwise made for their complete redemption and payment in principal, interest, and redemption premium, if any, and the complete payment of all amounts due under the trust agreement, or other instrument, pursuant to which the bonds are issued. There is hereby vested in the holders from time to time of such bonds a contract right in the provisions of this Paragraph.

(2) Any pledge of revenues for the security of the bonds shall be valid and binding from the time the pledge is made and shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the state or the department whether or not such parties have notice thereof. Any trust agreement, or other instrument, by which a pledge is created need not be filed or recorded except in the official records of the department and of the State Bond Commission.

(3) The deputy secretary, or the undersecretary, is hereby authorized on behalf of the department to execute loan agreements, reimbursement agreements, investment agreements, bond purchase agreements, and all such documents as may be necessary to carry out and comply with the provisions thereof and the provisions of this Section, and is further authorized to take any and all further actions and execute and deliver all other documents as it may deem to be necessary in connection with the issuance of any bonds, notes, certificates, reimbursement obligations, or other evidences of indebtedness referred to in this Section. The provisions of R.S. 9:2347(J) shall not apply to bonds or any contractual obligation, including the pledge of state funds, to be undertaken or incurred in connection therewith.

(4) The department is authorized to create such funds and/or accounts for the deposit of the revenues or the proceeds of the bonds including state funds described above or other revenues and monies pledged in connection therewith or respect thereto.

(5) The department and the issuer of the bonds are authorized to enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts necessary, convenient, or desirable for the issuance of the bonds or to carry out any power expressly given in this Section.

D. Any other provision of law to the contrary notwithstanding, any revenues received by the department that are pledged to the repayment of any bonds issued in accordance with this Section may be collected and disbursed in accordance with the documents pursuant to which such bonds were issued.

Acts 1998, 1st Ex. Sess., No. 158, §1, eff. May 7, 1998; Acts 2001, No. 539, §1; Acts 2023, No. 252, §1, eff. June 12, 2023.
La. Rev. Stat. § 40:456.1 — LA Code / Code revised-statutes / Title 40 / Section 456.1
The Housing Authority of New Orleans; peace officers; appointment, duties, and powers
Status: in_force

A. The Housing Authority of New Orleans, referred to hereafter as HANO, may appoint and commission peace officers who shall enforce laws, rules, and regulations to secure the protection of persons, properties, or interests relating to HANO.

B. HANO's peace officers may carry weapons, concealed or exposed while in the performance of their duties, and shall take such action as is authorized by law, rule, or regulation to protect persons, properties, or interests relating to HANO. Such peace officers shall exercise regular police powers of the state granted to law enforcement officers, including but not limited to, enforcement of municipal laws, issuance of municipal summons and citations and with respect to criminal and other offenses affecting the protection of persons, properties, or interests relating to HANO or affecting the performance of their duties.

C. HANO's peace officers shall be P.O.S.T. certified in accordance to the Peace Officers Standard and Training Law.

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

Acts 2011, No. 117, §1, eff. June 21, 2011.
La. Rev. Stat. § 40:1730.24 — LA Code / Code revised-statutes / Title 40 / Section 1730.24
Agreements with other governmental entities for provision of services; private agreements
Status: in_force

A. Municipalities and parishes may establish agreements with other governmental entities of the state or certified third-party providers to issue permits and enforce the state uniform construction code in order to provide the services required by this Part. In the event of the establishment of such an agreement, the maximum fees applicable to the issuance of permits and the enforcement of the code shall be established by the governing body of the municipality or parish. The council may assist in arranging for municipalities, parishes, or certified third-party providers to provide the services required by this Part to other municipalities or parishes if a written request from the governing body of the municipality or parish is submitted to the council.

B. Commercial and residential contractors and homeowners who are excepted from the contractor licensing law under R.S. 37:2170 may establish agreements with certified third-party providers to conduct plans review and inspections and enforce the state uniform construction code. On and after January 1, 2007, a third-party provider shall meet the requirements imposed by the council for certificates of registration; however, beginning January 1, 2008, upon application and fulfillment of all other requirements necessary to obtain a certificate of registration, a third-party provider who is a Louisiana licensed architect or engineer shall be granted a certificate of registration without certification by a recognized code organization. Once the council meets for the first time, certified third-party providers shall notify the council of their intention to do business within the state, and the council shall maintain a listing of all certified third-party providers.

C. Municipalities and parishes that establish agreements with other governmental entities of the state or certified third-party providers to enforce the state uniform construction code shall not impose a fee for inspections not performed by the municipality or parish if a fee for the inspection was collected by the governmental entity or third-party provider that actually performed the inspection.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, 1 st Ex. Sess., No. 11, §1, eff. Feb. 23, 2006; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 343, §1; Acts 2008, No. 830, §1; Acts 2011, No. 391, §1.
La. Rev. Stat. § 40:1300.79 — LA Code / Code revised-statutes / Title 40 / Section 1300.79
Severability
Status: in_force

If one or more provisions of this Part or the application thereof is found to be unconstitutional, the provision shall be declared severable, and the balance of this Part shall remain effective notwithstanding such unconstitutionality.

Acts 2024, No. 750, §1.