La. Rev. Stat. § 40:36 — LA Code / Code revised-statutes / Title 40 / Section 36
State registrar as custodian
Status: in_force

A. The state registrar of vital records is the custodian of all vital certificates and records in this state which heretofore may exist in any parish or municipality, or which may hereafter be received by him. He shall gather, compile, index, bind, and make provisions for the storage and preservation of these records.

B. The state registrar shall take every precaution to preserve all documents in their original form.

C. To preserve vital records, the state registrar is authorized to prepare accurate typewritten, photographic, electronic, or other reproductions of certificates or reports in the vital records registry. Such reproductions when certified by the state registrar shall be accepted as the original records.

D. The public health statistics unit as provided for in R.S. 40:32(5) shall provide reports containing analysis and tabulation of data derived from certificates and reports required under this Chapter, as determined necessary for health planning and program activities.

E. The state registrar may delegate such functions and duties vested in him or her to employees of the vital records registry.

F. The public health statistics unit shall submit to the secretary of the Louisiana Department of Health, to the legislature, and to the governor an annual report which shall take the form of a compilation and recapitulation of the information received pursuant to this Section and shall include such information as required in accordance with the provisions of R.S. 40:65.

G. The state registrar of vital records may annually transfer and the secretary of state, division of archives, records management and history, is authorized to receive all birth records over one hundred years old and all records of death, stillbirth, marriage, dissolution of marriage, and annulment over fifty years old which records shall be available for use by genealogists and the general public. Such records shall not be subject to the amendment or alteration provisions of this Chapter.

H. The state registrar of vital records shall provide a monthly report to each assessor concerning the deaths which occurred in the state during the preceding calendar month, as provided for in R.S. 47:1965.

Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1; Acts 1990, No. 212, §1; Acts 2017, No. 137, §1.
La. Rev. Stat. § 40:2621 — LA Code / Code revised-statutes / Title 40 / Section 2621
Statutory construction
Status: in_force

The provisions of this Chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this Chapter shall be supplemental and not mutually exclusive. They do not preclude and are not precluded by any other provision of law.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:4.5 — LA Code / Code revised-statutes / Title 40 / Section 4.5
Exemptions
Status: in_force

Parishes shall be exempt from that portion of the special event food and beverage preparation regulations of the department that require any equipment, design, construction, utensils, supplies, preparation, or services of any organization directing or operating a celebration of any recognized Louisiana festival or fair or any participant who prepares, serves, or sells any food or beverage at the celebration.

Acts 1984, No. 906, §1, eff. July 20, 1984.
La. Rev. Stat. § 40:2009.18 — LA Code / Code revised-statutes / Title 40 / Section 2009.18
Notification of the procedure
Status: in_force

The Louisiana Department of Health shall prepare and distribute to nursing homes in quantities appropriate to carry out the intent of this Section a booklet setting forth the complaint procedure established by R.S. 40:2009.13 through 2009.17. This booklet shall include a summary of costs which the Title XIX nursing home payments cover, a list of most additional kinds of costs which could be incurred but which Title XIX nursing home payments do not cover, and other information the department deems necessary to assist the families, and the individuals admitted, to a better understanding of the adjustments relative to living in a nursing home. The booklet shall be distributed by all licensed nursing homes to all current patients and to all new patients on the date of their admission. In addition, notice of this complaint procedure, complete with the name, address, and telephone number of the licensing and certification section of the office of management and finance of the Louisiana Department of Health, shall be posted conspicuously in the nursing home at places where patients gather, including, but not limited to, the administrative office, the dining hall, the activity room, and all nurses' stations.

Added by Acts 1978, No. 687, §2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2006.2 — LA Code / Code revised-statutes / Title 40 / Section 2006.2
Expedited licensing process; fees
Status: in_force

A. The Louisiana Department of Health, referred to hereafter in this Section as the "department", is hereby authorized to establish an expedited licensing process for healthcare facilities and providers that the department licenses.

B. The department shall promulgate, in accordance with the Administrative Procedure Act, any such rules as are necessary to provide for the expedited licensing process authorized by this Section.

C. The fees for the expedited licensing process shall be assessed in an amount not to exceed seven thousand five hundred dollars and shall be payable to the department at the time an expedited licensing application is submitted to the department by a healthcare facility or provider.

D.(1) After the department receives and approves the completed expedited licensing application packet, the department shall notify the applicant to provide a readiness date for the expedited survey. The department shall conduct the expedited licensing survey within ten working days of the readiness date indicated by the facility or provider and in accordance with applicable rules of the department.

(2) The department shall refund the expedited licensing fee if the expedited licensing survey is not conducted within the time period specified in this Section, unless such failure to conduct the survey is due to the unavailability of the facility or provider.

(3) The department shall not utilize existing employees who conduct regular licensing surveys to conduct any expedited licensing survey.

E. The department shall ensure that no facility or provider seeking approval to apply for licensure pursuant to a pre-licensing facility need review process provided for in this Chapter is affected by another provider of the same license type choosing the expedited licensing process instead of the regular licensing process.

Acts 2018, No. 324, §1, eff. May 15, 2018.
La. Rev. Stat. § 40:34 — LA Code / Code revised-statutes / Title 40 / Section 34
Vital records forms
Status: in_force

A.(1) The certificate forms prescribed by the state registrar shall include, as a minimum, birth certificates, death certificates, paternity acknowledgment affidavits, and any other forms recommended by the national office in charge of gathering vital statistics. Only these forms shall be used in registering, recording, and preserving the vital information required by this Chapter. These forms shall be typewritten in black type or written in jet black ink or transferred by electronic means. Additionally each certificate of a birth occurring in a licensed hospital shall be typewritten in black type or computer generated. Whenever a form is changed, the new form shall be furnished to the person charged with preparing it not less than thirty days prior to the date upon which the form shall be required to be used.

(2) The Louisiana Department of Health shall promulgate rules and regulations in accordance with the Administrative Procedure Act to allow electronic registration in lieu of typewritten or written birth, death, fetal death, marriage, and divorce certificates.

B. The forms shall be printed and supplied or provided by electronic means by the state registrar.

C.(1) Each coroner or physician who signs a death certificate shall certify the certificate using the Louisiana Electronic Event Registration System of the Louisiana Department of Health, state registrar of vital records.

(2) Each coroner shall report drug overdose deaths where the decedent's toxicology results indicate that an opioid was present at the time of death and related to the overdose. The reporting shall be entered into the Louisiana Electronic Event Registration System of the Louisiana Department of Health, state registrar of vital records.

Acts 1979, No. 776, §1. Amended by Acts 1983, No. 624, §1; Acts 1986, No. 621, §1; Acts 1986, No. 876, §1; Acts 1987, No. 343, §1; Acts 1987, No. 360, §1; Acts 1989, No. 819, §1; Acts 1990, No. 238, §1; Acts 1990, No. 349, §1, eff. Oct. 1, 1990; Acts 1991, No. 688, §1, eff. July 18, 1991; Acts 1991, No. 820, §1; Acts 1993, No. 740, §1; Acts 1993, No. 775, §1, eff. Aug. 15, 1994; Acts 1995, No. 954, §1; Acts 1997, No. 1252, §1, eff. July 15, 1997; Acts 1998, 1st Ex. Sess., No. 8, §4, eff. April 24, 1998; Acts 1999, No. 834, §1, eff. July 2, 1999; Acts 2000, 1st Ex. Sess., No. 136, §1; Acts 2001, No. 690, §1; Acts 2001, No. 1118, §1; Acts 2003, No. 1239, §1, eff. July 7, 2003; Acts 2003, No. 1251, §1; Acts 2004, No. 26, §13; Acts 2006, No. 344, §5, eff. June 13, 2006; Acts 2006, No. 377, §1; Acts 2008, No. 561, §§2, 3; Acts 2012, No. 255, §6; Acts 2016, No. 217, §1, Acts 2016, No. 434, §3; Acts 2018, No. 672, §1, eff. January 1, 2019; Acts 2019, No. 423, §1, eff. June 20, 2019.
La. Rev. Stat. § 40:1281.9 — LA Code / Code revised-statutes / Title 40 / Section 1281.9
Certified operator required; exceptions
Status: in_force

A. On or after one year following the effective date of this Subpart, it shall be unlawful for any person, firm, or corporation, both municipal and private, operating a water supply system or sewerage system to operate same unless the competency of the operator is duly certified to by the state health officer under the provisions of this Subpart. Furthermore, it shall be unlawful for any person to perform the duties of an operator, as defined herein, without being duly certified under the provisions of this Subpart.

B. Surface water systems shall have a certified operator present at all times while the treatment facility is in operation.

C. The requirements of Subsection B of this Section shall not apply to systems which serve less than ten thousand persons and which utilize automated operation systems which monitor system operation, record all required readings, notify the operator in the event of a system upset or failure, and allow the operator to remotely control or shut down the system.

D. The requirements of this Section shall not apply to municipal and public works contractors and other related classifications of contractor properly licensed by the Louisiana State Licensing Board for Contractors who construct water, sewer, or drainage line work. Such contractor shall not be required by any public entity to apply for or maintain a Class IV Certified Water System Operator Certificate or Wastewater Collection Operator Certificate as a condition of bidding, obtaining permits, or constructing water, sewer, or drainage line work.

E. The Sewerage and Water Board of New Orleans shall be allowed to require their municipal and public works contractors and other related classifications of contractors properly licensed by the Louisiana State Licensing Board of Contractors who construct, install or repair water, sewer or drainage line work to successfully complete a course provided and approved by the Sewerage and Water Board of New Orleans or the Louisiana Department of Health, which includes, but is not limited to all of the following:

(1) The practices involved in the installation and the rehabilitation of the wastewater collection system including gravity sewers, sewer service lines, sewer force mains and manholes.

(2) Water distribution system including valves, a network of pipes, water service lines, meters and fire hydrants.

Acts 1972, No. 538, §9; Acts 2005, No. 236, §1; Acts 2008, No. 112, §1; Acts 2008, No. 421, §1, eff. June 21, 2008; Acts 2008, No. 551, §1, eff. June 30, 2008; Redesignated from R.S. 40:1149 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1500.1 — LA Code / Code revised-statutes / Title 40 / Section 1500.1
Emergency medical services and emergency medical transportation in the parishes of Caddo, Cameron, and Morehouse
Status: in_force

Any fire protection district in the parishes of Caddo, Cameron, or Morehouse may enter into public service contracts with other public service entities for emergency medical services or emergency medical transportation; or in the absence of public service entities, the fire protection district may provide such services.

Acts 1991, No. 908, §1; Acts 1992, No. 20, eff. May 18, 1992; Acts 1995, No. 15, §1; Acts 1995, No. 22, §1.
La. Rev. Stat. § 40:1730.23 — LA Code / Code revised-statutes / Title 40 / Section 1730.23
Enforcement of building codes by municipalities and parishes
Status: in_force

NOTE: Heading of §1730.23 as amended by Acts 2024, No. 534, eff. July 1, 2026.

§1730.23. Enforcement of building codes by municipalities, parishes, and the fire marshal

NOTE: Subsection A eff. until July 1, 2026. See Acts 2024, No. 534.

A. Notwithstanding any other law to the contrary relating to the authority of local governments to enforce construction codes, all municipalities and parishes in this state shall enforce only the construction codes provided for in this Part. All municipalities and parishes shall use building code enforcement officers or certified third-party providers contracted by the municipality, parish, or regional planning commission to act in the capacity of a building code enforcement officer to enforce the provisions of this Part. Enforcement procedures by building code enforcement officers or third-party providers acting in the capacity of a building code enforcement officer shall include examination or review of plans, drawings, or specifications; the conducting of inspections; and the issuance, denial, or revocation of permits. A building code enforcement officer, third-party provider, or third-party provider contracted by a jurisdiction as provided for in R.S. 40:1730.24(A) shall not conduct plan review or inspections on a commercial or residential structure if such officer or provider owns any interest in the legal entity that constructed such commercial or residential structure or receives any compensation from the legal entity other than the fees that are charged for plan review or inspections. Nothing in this Subsection shall be construed to prevent a commercial or residential contractor or homeowner from using a third-party provider as provided for in R.S. 40:1730.24(B). Nothing in this Subsection shall be construed to prevent a commercial contractor or commercial owner from using the office of state fire marshal as a third-party provider as provided for in R.S. 40:1730.24(B) on commercial structures in any parish within the state with a population of less than forty thousand and whose boundaries lie completely north of the one hundred ten mile per hour wind line, as shown in the American Society of Civil Engineers (ASCE-7) basic wind speeds map published in the latest edition of the International Building Code.

NOTE: Subsection A as amended by Acts 2024, No. 534, eff. July 1, 2026.

A.(1) Notwithstanding any other law to the contrary relating to the authority of local governments to enforce construction codes, all municipalities and parishes in this state shall enforce only the construction codes provided for in this Part. All municipalities and parishes shall use building code enforcement officers or certified third-party providers contracted by the municipality, parish, or regional planning commission to act in the capacity of a building code enforcement officer to enforce the provisions of this Part. Enforcement procedures by building code enforcement officers or third-party providers acting in the capacity of a building code enforcement officer shall include examination or review of plans, drawings, or specifications; the conducting of inspections; and the issuance, denial, or revocation of permits. A building code enforcement officer, third-party provider, or third-party provider contracted by a jurisdiction as provided for in R.S. 40:1730.24(A) shall not conduct plan review or inspections on a commercial or residential structure if such officer or provider owns any interest in the legal entity that constructed such commercial or residential structure or receives any compensation from the legal entity other than the fees that are charged for plan review or inspections. Nothing in this Paragraph shall be construed to prevent a commercial or residential contractor or homeowner from using a third-party provider as provided for in R.S. 40:1730.24(B). Nothing in this Paragraph shall be construed to prevent a commercial contractor or commercial owner from using the office of state fire marshal as a third-party provider as provided for in R.S. 40:1730.24(B) on commercial structures in any parish within the state with a population of less than forty thousand and whose boundaries lie completely north of the one hundred ten mile per hour wind line, as shown in the American Society of Civil Engineers (ASCE-7) basic wind speeds map published in the latest edition of the International Building Code.

(2) Nothing in this Section shall be construed to prevent the fire marshal from enforcing the fire protection, egress, and accessibility provisions of the Louisiana State Uniform Construction Code, excluding the provisions for one- and two-family dwellings, as adopted by the council in accordance with R.S. 40:1730.28.

B. Nothing in this Part shall conflict with the Federal Department of Housing and Urban Development's regulations regarding manufactured housing construction or the provisions of R.S. 51:912.21 et seq., as it relates to manufactured housing installation. Further, it is the intent of the legislature that any service, renovation, repair, or warranty work performed on a manufactured home shall be handled under the appropriate federal standards governing manufactured housing construction or state standards governing installation, and all such work be under the jurisdiction of the Louisiana Manufactured Housing Commission. Additionally, the exemption for manufactured housing provided for in this Subsection shall extend to and include driveways, steps, decks, or other similar accessory structures or work, but shall not include any additional living area or other type of heated and cooled space outside of the original footprint of the manufactured home.

C. In connection with the construction of any building, structure, or other improvement to immovable property, neither the performance of any enforcement procedure nor any provision of a building code shall constitute or be construed as a warranty or guarantee by a governmental enforcement agency as to durability or fitness, or as a warranty or guarantee by a governmental enforcement official or a third-party provider who contracts with a municipality or parish as provided for in R.S. 40:1730.24(A), that said building, structure, or other improvement to immovable property or any materials, equipment, or method or type of construction used therein is or will be free from defects, will perform in a particular manner, is fit for a particular purpose, or will last in any particular way. In the enforcement of any provision of a construction code provided for in this Part, or any regulations governed by R.S. 33:4771 et seq., the performance or non-performance of any procedure by a governmental enforcement agency, contract employee, or official shall be deemed to be a discretionary act and shall be subject to the provisions of R.S. 9:2798.1.

D.(1) Notwithstanding any provision of Title 33 of the Louisiana Revised Statutes of 1950 or any other law to the contrary, no municipality or parish shall require that residential building plans for one and two family dwellings be prepared or stamped by a certified architect or engineer if the dwelling falls within the prescriptive standards of the latest edition of the International Residential Code or its referenced amendments as provided for in R.S. 40:1730.28.

(2) The provisions of this Section shall be effective for both the duration of the emergency wind and flood mitigation provisions as provided for in R.S. 40:1730.27 and after this Part becomes effective statewide as provided for in R.S. 40:1730.28(B).

E.(1) Upon receipt of the certificate of occupancy issued by a local building official or third-party provider for a new residential construction, a lender who provides a residential mortgage loan for the purchase of such new residential construction shall file a copy of the certificate of occupancy in the conveyance records of the parish where the new residential construction is located. Failure of the lender to file such document in the local conveyance records shall not invalidate the legal effects of any transaction related to that property, including but not limited to the construction, purchase, sale, or transfer of title of the new residential construction.

(2) The homeowner of the new residential construction shall provide the lender a copy of the certificate of occupancy.

(3) Any lender that files a copy of the certificate of occupancy in the local conveyance records pursuant to the provisions of this Subsection shall be entitled to assess a reasonable charge to the borrower for all costs associated with the filing of the certificate, not to exceed the amount charged by that parish for filing such documents.

(4) If the provisions of this Chapter cease to be enforced in a parish, the provisions of this Section shall become null and void in that parish.

F. Municipalities and parishes in areas where windblown debris storm shutters are required by the state uniform construction code may allow occupancy upon receipt of an affidavit from the property owner stating that the owner has ordered the shutters and will install the shutters upon receipt. The shutters shall be installed within ninety days of occupancy. During the ninety-day period, the owner shall notify the parish or municipality that the shutters have been installed and a final inspection by the parish or municipality shall be made to verify that the shutters were installed.

G. Any municipality or parish which issues a permit for construction pursuant to this Part shall provide a list of registered certified building inspectors to the applicant for the permit at the time the permit is issued.

H. A parish or municipality may accept determinations made by the state fire marshal as they pertain to life safety and fire protection as required in this Part.

I. The building official for the parish, municipality, or regional planning commission, as authorized in R.S. 40:1730.24 and appointed pursuant to R.S. 40:1730.25, or a qualified building code enforcement officer designated by the building official, shall have the authority to enforce the plumbing provisions adopted pursuant to this Part.

J. For purposes of code enforcement pursuant to this Section, a building code enforcement officer or a certified third-party provider shall conduct all inspections of any commercial or residential structure and for all inspections, other than roofing inspections, shall be present on site for such inspections. A building code enforcement officer or a certified third-party provider may accept photographs or videos that are location verified with geotagging for required roofing and reroofing inspections of any commercial or residential structure.

K. Any municipality or parish which issues a permit for construction pursuant to this Part shall do all of the following:

(1) Permit and inspect all buildings, other than one- and two-family dwellings, for roof construction and reroofing in compliance with the International Building Code Chapter 15 requirements as adopted and promulgated by the Louisiana State Uniform Construction Code Council.

(2) Permit and inspect one- and two-family dwellings for roof construction and reroofing in compliance with the International Residential Code Chapter 8 and 9 requirements as adopted and promulgated by the Louisiana State Uniform Construction Code Council.

Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 2003, No. 387, §1, eff. Jan. 1, 2004; Acts 2008, No. 375, §1; Acts 2008, No. 813, §1; Acts 2008, No. 830, §1; Acts 2011, No. 92, §1; Acts 2011, No. 391, §1; Acts 2014, No. 836, §3, eff. Jan. 1, 2016; Acts 2021, No. 338, §1; Acts 2023, No. 25, §1; Acts 2024, No. 534, §1, eff. July 1, 2026; Acts 2025, No. 239, §1.
La. Rev. Stat. § 40:2609 — LA Code / Code revised-statutes / Title 40 / Section 2609
Stipulation of exemptions
Status: in_force

A. The district attorney may make a stipulation of exemption available in the following manner:

(1) If the district attorney makes a stipulation of exemption available, the district attorney shall so indicate in the Notice of Pending Forfeiture as provided in Section 2608 of this Chapter.

(2) An owner of or an interest holder in the property may elect to file a claim within thirty days after the Notice of Pending Forfeiture or a request for a stipulation of exemption with the district attorney within thirty days after the notice, but no request may be filed after a court action has been commenced by the state. The claim or request shall comply with the requirements for claims in Section 2610 of this Chapter.

B. The following shall apply if an owner or interest holder timely requests a stipulation of exemption:

(1) The district attorney shall provide the seizing agency and the requesting party with a written proposed stipulation of exemption and statement of nonexempt interests relating to any or all interest in the property in response to each requesting party within one hundred and twenty days after the effective date of the Notice of Pending Forfeiture.

(2) An owner of or interest holder in any property declared nonexempt may file a claim as described in Section 2610 of this Chapter within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter of the statement of nonexempt interests.

(3) The district attorney may elect to proceed as provided herein for judicial forfeiture at any time.

(4) If no requesting party files a claim within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter, of the statement of nonexempt interest, the stipulation of exemption and statement becomes final, and the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.

(5) If a judicial forfeiture proceeding follows a Notice of Pending Forfeiture which provides for the availability of stipulation of exemption:

(a) No duplicate or repetitive notice or claim is required. If a claim has been timely filed pursuant to Paragraph (2) of this Subsection, the claim shall be determined in a judicial forfeiture proceeding after the commencement of such a proceeding under the provisions of Sections 2612 and 2613 of this Chapter.

(b) The proposed stipulation of exemption and statement of nonexempt interest responsive to all requesting parties who subsequently filed claims are void and will be regarded as rejected offers to compromise.

C. If no request for stipulation or claim is timely filed, the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:34.1 — LA Code / Code revised-statutes / Title 40 / Section 34.1
Original birth certificate; required contents
Status: in_force

A. An original birth certificate shall contain, as a minimum, the items provided in R.S. 40:34.2 through 34.9.

B. In the case of a child born of a surrogate birth parent as a result of an enforceable gestational carrier contract, as provided in R.S. 9:2720, the biological parents shall be considered the parents of the child.

Acts 2016, No. 434, §3; Acts 2016, No. 494, §2.
La. Rev. Stat. § 40:453 — LA Code / Code revised-statutes / Title 40 / Section 453
Local, state, or federal assistance
Status: in_force

A. A local housing authority may:

(1) Borrow money or accept grants and other forms of assistance, financial and otherwise, from the local, state, or federal government in connection with any activity or program furthering the purposes of this Chapter, notwithstanding any limitation to the contrary contained in this Chapter.

(2) Take all actions necessary to agree to and fully comply with all requirements and conditions of any state or federal program, grant, loan, or program providing services or assistance to the authority, its programs, its properties and housing developments, and the residents of such housing developments.

(3) Perform all responsibilities and obligations of the authority under any contract or agreement with state or federal authorities and imposed by applicable state or federal law and regulation with respect to such state or federal assistance.

B. Without limiting the foregoing, a housing authority may:

(1) Take over or lease or manage any development or undertaking constructed or owned by the state, or any public agency thereof, or the federal government.

(2) Participate in any plan or program of the state, any public agency thereof, or the federal government which provides revenues that may be used for carrying out the purposes of this Chapter, including without limitation any program involving the issuance of bonds, special fees or taxes, or tax credits.

(3) Operate and administer any program providing rental assistance for itself or on behalf of others.

(4) Comply with such conditions and enter into such mortgages, trust indentures, leases, agreements, or arrangements as may be necessary, convenient or desirable for the purposes of this Subsection.

C. It is the purpose and intent of this Chapter to authorize every housing authority to do all things necessary or desirable to secure the financial aid or cooperation of the state and federal governments and their public agencies in the development, maintenance, operation, or disposition of any housing development or other activity undertaken by such housing authority to carry out the purposes of this Chapter.

Amended by Acts 1950, No. 401, §9; Acts 1960, No. 278, §4; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:993 — LA Code / Code revised-statutes / Title 40 / Section 993
Pending proceedings
Status: in_force

A. Prosecutions for any violation of law occurring prior to July 26, 1972, shall not be affected by this Part or abated by reason thereof.

B. Civil seizures, forfeitures, and injunctive proceedings commenced prior to July 26, 1972, shall not be affected by this Part or abated by reason thereof.

C. All administrative proceedings pending before the department on July 26, 1972 shall be continued and brought to final determination in accordance with laws and regulations in effect prior to July 26, 1972. Such drugs placed under control prior to enactment of this Part, which are not listed within Schedules I through V, shall automatically be controlled and listed in the appropriate schedule.

D. The provisions of this Part shall be applicable to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings, and investigations which occur following July 26, 1972.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2833 — LA Code / Code revised-statutes / Title 40 / Section 2833
Rules for minimum sanitary and safety standards
Status: in_force

A. The state health officer shall promulgate rules and regulations pursuant to the Administrative Procedure Act, which shall provide for the enforcement of the provisions of this Chapter and which shall also establish minimum sanitary and safety standards for the operation of commercial body art facilities. Minimum standards set shall include but not be limited to all of the following:

(1) Health, cleanliness, and general sanitation of the facilities or premises in which commercial body art is performed or applied.

(2) Proper disinfection and sterilization of body art apparatus and safe disposal of body art apparatus.

(3) Procedures to prevent the transmission of disease or infection during or relating to commercial body art procedures, particularly the transmission of hepatitis B and the human immunodeficiency virus (HIV).

(4) Procedures for ensuring that operators who perform commercial body art procedures are adequately trained to perform them properly.

(5) With respect to tattooing services, maintenance of written records that include the color, manufacturer, and lot number of each pigment used for each tattoo performed.

(6) Procedures for establishing a written consent form that discloses the health risks and permanence of each procedure. With respect to tattooing services, the written consent shall prominently state whether the ink used is regulated by the state or the United States Food and Drug Administration.

(7) Procedures for ensuring that consumers are adequately informed as to sanitary care of their bodies after procedures are done.

B. The state health officer shall implement and enforce all rules adopted pursuant to Subsection A of this Section.

Acts 1999, No. 393, §1; Acts 2024, No. 365, §1.
La. Rev. Stat. § 40:599.25 — LA Code / Code revised-statutes / Title 40 / Section 599.25
Liability; full faith and credit
Status: in_force

A. A bond is not:

(1) A debt or liability of the state or a political subdivision of the state.

(2) A pledge of the full faith and credit of the state or a political subdivision of the state.

B. Each bond shall state on its face that neither the state nor a political subdivision of the state is obliged to pay the principal of or interest on the bond except from revenues pledged to the payment of the bond.

C. The issuance of bonds does not directly, indirectly, or contingently obligate the state or any political subdivision:

(1) To impose or pledge a tax to pay the bonds.

(2) To appropriate money to pay the bonds.

D. The provisions of this Section do not prohibit an authority from pledging its full faith and credit in connection with the issuance of bonds.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1249.1 — LA Code / Code revised-statutes / Title 40 / Section 1249.1
Legislative findings; purpose
Status: in_force

A. Repealed by Acts 2022, No. 271, §7.

B. Repealed by Acts 2022, No. 271, §7.

C. Despite the substantial financial commitment that the legislature has made to provide home- and community-based long-term care services, many Louisiana residents are still required to wait for years to receive the services they need.

Acts 2010, No. 305, §1; Redesignated from R.S. 40:1300.321 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §7.
La. Rev. Stat. § 40:2024 — LA Code / Code revised-statutes / Title 40 / Section 2024
Violence prevention
Status: in_force

A. The legislature of the state of Louisiana declares that violence shall be recognized and addressed as a public safety and health crisis utilizing a public safety and health data-based approach.

B. The Louisiana Department of Health shall conduct a review of violence prevention factors, activities, and strategies, taking into consideration the following:

(1) The specifics of violence, including crimes of violence, gang violence, and domestic violence in communities.

(2) The root causes of violence in the community, which may include poverty, lack of quality education, lack of affordable housing, food insecurity, unemployment, and untreated trauma.

(3) Community conditions, which may include a comparison of community conditions and opportunities for communities with a high risk of violence and those with a lesser risk of violence in order to identify and create greater safety for high-risk communities through community surroundings. For the purposes of this Section, community surroundings include but are not limited to streets, parks, schools, community-based organizations, youth and community centers, and places of worship.

(4) A commitment for violence prevention efforts to focus on addressing and healing individual, interpersonal, and community trauma inflicted as a result of violence.

C. The Louisiana Department of Health shall prepare a written report to the legislature, no later than February 1, 2026, that provides information and recommendations on the following:

(1) The current violence prevention activities occurring across Louisiana state offices to outline the continuum of current activities related to violence prevention.

(2) Promotional strategies for supporting conflict resolution and violence prevention-related programs and services.

(3) Strategies for incorporating a public safety and health approach to improve social determinants of safety and health for communities most affected by violence.

D. The Louisiana Department of Health may coordinate with institutions of higher learning and nongovernmental organizations to collect and evaluate information in developing the recommendations to be presented to the legislature.

Acts 2024, No. 772, §1.
La. Rev. Stat. § 40:2116.35 — LA Code / Code revised-statutes / Title 40 / Section 2116.35
Issuance of license
Status: in_force

A. A license issued under the provisions of this Part is not transferable or assignable between persons, home health agencies, or both except as provided in this Section. Each location of a home health agency located outside of a fifty-mile radius of an existing licensed home health agency must be licensed. Each location of a home health agency located within a fifty-mile radius of an existing licensed home health agency must be registered with the department.

B.(1) Only agencies which have a valid license shall be allowed to change controlling ownership. The purchaser shall accept all responsibility for the patients and functions of the agency on the date of the sale. The purchaser also shall assume responsibility for deficiencies identified on the most recent survey as well as corrective measures required by the department and imposed upon the agency prior to the date of sale. Purchasers of agencies must meet all criteria for initial application for licensure. All purchasers are required to meet ownership qualifications as set forth in minimum standards. Upon purchase and payment of the licensure fee, the department shall issue a new license to allow the new owner to continue operation of the agency. The seller of any agency who enters into a merger, change of controlling ownership, or control of the entity must notify the department in writing in advance of the transaction. He must surrender the license with a written explanation of the transaction to the department on the date of the sale.

(2) For the purposes of this Section, "change of controlling ownership" shall have the same meaning as that contained in federal law and regulation applicable to home health agencies.

Acts 1966, No. 25, §1, eff. July 11, 1965 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1987, No. 744, §1; Acts 1988, No. 836, §§1, 2; H.C.R. No. 119, 1993 R.S.; Acts 1995, No. 1252, §1; Acts 1997, No. 583, §2, eff. July 3, 1997.
La. Rev. Stat. § 40:488 — LA Code / Code revised-statutes / Title 40 / Section 488
Recourse obligations and cross-collateralization
Status: in_force

No guaranty, other recourse obligation, mortgage, or security instrument, or other instrument (recourse instrument) given or entered into by a housing authority in connection with financing the acquisition, creation, modernization, rehabilitation, or replacement of a development, which exposes to foreclosure, loss, or levy any property of the housing authority other than the development being acquired, created, modernized, rehabilitated, or replaced with the proceeds of such financing shall be given or entered into, unless the authority's board of commissioners shall have specifically approved such action by resolution which finds that such action:

(1) Is necessary and essential to acquiring the financing with respect to which such recourse instrument is given or entered into.

(2) Will not unreasonably expose to loss or foreclosure property of the authority other than the development for which financing will be used.

(3) Is prudent and sound as required under R.S. 40:489.

(4) Is commercially reasonable, taking into account the characteristics of the transaction in which such recourse instrument would be given and its relative benefits and potential costs to the authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2195.2 — LA Code / Code revised-statutes / Title 40 / Section 2195.2
Grants and funding; Community-Based and Rural Health Care Fund
Status: in_force

A. Subject to the availability of funding, the Louisiana Department of Health is authorized to provide:

(1) Grants to rural hospitals in amounts not to exceed seventy-five thousand dollars per year in order to increase access to emergency health services to indigent and low-income citizens in rural areas.

(2) Start-up funding in amounts not to exceed one hundred fifty thousand dollars for the purpose of providing initial start-up costs for establishment of primary care health clinics designed to serve indigent and low-income citizens.

(3) Matching funds in amounts not to exceed fifty thousand dollars per year to local communities or parishes to encourage physicians to establish their practices in local communities and rural areas by providing minimum salary guarantees.

(4) Matching funds for demonstration projects, including but not limited to establishment or acquisition of mobile health clinics, to organizations providing healthcare services to indigent and low-income citizens living in local communities and rural areas; however, such projects shall be required to secure other local or federal funding.

(5) Matching funds for federal grants designed to provide health services to indigent or low-income citizens in local communities and rural areas.

B. Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.

Acts 1991, No. 394, §1; Acts 1992, No. 810, §1; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:754 — LA Code / Code revised-statutes / Title 40 / Section 754
Right of entry upon premises of manufacturer, processor, or dealer
Status: in_force

The department, through its agents, shall enter upon the premises of any manufacturer, processor, or refiner of oleomargarine, or upon the premises of any person engaged as a retail or wholesale dealer in oleomargarine, to collect samples for analyses or to make such investigations as may be necessary to properly enforce this Part.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1322 — LA Code / Code revised-statutes / Title 40 / Section 1322
Credit card, charge card, and debit card transactions with the Department of Public Safety and Corrections; procedures for acceptance; administrative action
Status: in_force

A. The Department of Public Safety and Corrections, public safety services, or any authorized agent of the department, is authorized to accept credit cards, charge cards, or debit cards for the payment of fees, fines, taxes, penalties, and interest. The department may enter into agreements with issuing companies and banks as are necessary to implement the use of these cards.

B. The department may charge a convenience fee on any transaction whereby a customer requests payment by credit card, charge card, or debit card for payment through telephone, in person, by regular mail, or via the Internet to conduct business with the department. Prior to charging the convenience fee, the total amount of the fee shall be disclosed to the customer. The customer shall have the right to decline payment of the fee and to submit payment for his transaction using another tender type. The convenience fee may be a uniform dollar amount, a percentage of the transaction, or a tiered amount based on the transaction amount.

C.(1) Prior to accepting the card as payment from a customer who appears in person at the department, the department shall:

(a) Require the presentation of the card.

(b) Verify that the card has not expired and obtain the proper authorization for use of said card.

(c) Verify that the signature on the receipt corresponds to the signature on the signature panel on the card.

(d) Verify that the card has not been voided or revoked, or placed on a list by the company or bank issuing the card which would require that the transaction be precleared by the issuer. This verification may be accomplished by telephoning the issuing company or bank or by using any device or instrument that can access information encoded on the card and verify such encoded information through electronic or digital means.

(2) The department may also accept the card by utilizing electronic commerce which shall include but not be limited to the use of the Internet and conversant phone systems. Prior to accepting the card as payment when utilizing electronic commerce, the department shall:

(a) Verify that the card has not expired.

(b) Verify that the card has not been voided or revoked, or placed on a list by the company or bank issuing the card which would require that the transaction be precleared by the issuer. This verification may be accomplished by telephoning the issuing company or bank or by using any device or instrument that can access keyed information and verify such keyed information through electronic or digital means.

D.(1) The department may determine that only specific programs or specific offices or locations will accept credit cards, charge cards, or debit cards as payment for fees, fines, taxes, penalties, and interest.

(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, the office of motor vehicles within the department shall accept credit cards, charge cards, and debit cards as payment for fees, fines, taxes, penalties, and interest as a form of payment along with all other payment methods currently used.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the office of motor vehicles within the department shall not be required to accept credit cards, charge cards, and debit cards for the International Registration Plan (IRP) authorized pursuant to R.S. 47:511(B).

E. The department shall suspend any license, permit, license plate, appointment, authorization, or motor vehicle registration issued or renewed pursuant to a payment made by a credit card, charge card, or debit card, if the credit, charge, or debit is refused, denied, dishonored, or reversed by the issuing company or bank. Drivers' licenses shall be suspended and reinstated in accordance with the provisions of R.S. 32:414. Any such license, permit, license plate, appointment, authorization, or motor vehicle registration shall remain suspended until such time as the card payment which was refused, denied, dishonored, or reversed is made good by the person issued the license, permit, license plate, appointment, authorization, or motor vehicle registration and the person pays any reinstatement fee due to the department.

F. The department shall recall and revoke any certificate of title for a motor vehicle issued pursuant to a payment made by a credit card, charge card, or debit card if the credit, charge, or debit is refused, denied, dishonored, or reversed by the issuing company or bank.

G. The notice of suspension or revocation issued pursuant to this Subsection shall inform the person that his license, permit, license plate, appointment, authorization, or motor vehicle registration is being suspended, or certificate of title is being revoked, because the payment with the credit card, charge card, or debit card was refused, denied, dishonored, or reversed by the issuing company or bank. The notice shall be sent by certified mail. The person shall have thirty days from the date the notice of suspension or revocation was mailed to submit a written request for an administrative hearing. If a timely request for an administrative hearing is received, the hearing shall be scheduled no later than ninety days from the date the request for a hearing was received by the department. The department records of the transaction including any notice from the issuing company or bank shall be prima facie proof of the violation. Any petition for a judicial review of the administrative hearing shall be in the same manner and under the same conditions as provided in R.S. 32:414.

H. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act as are necessary to prohibit a person who has repeatedly submitted a credit card, charge card, or debit card for payment which was refused, denied, dishonored, or reversed by the issuing company or bank from submitting a credit card, charge card, or debit card for payment for a period of three years.

Acts 1998, 1st Ex. Sess., No. 44, §1; Acts 2009, No. 229, §1, eff. June 30, 2009; Acts 2015, No. 414, §2; Acts 2023, No. 155, §1.
La. Rev. Stat. § 40:31.61 — LA Code / Code revised-statutes / Title 40 / Section 31.61
Legislative intent
Status: in_force

The Legislature of Louisiana wishes to further efforts by the Parkinson's community to find a cure for this devastating disease by helping to determine how many people in the state suffer from Parkinson's and by gathering vital information from these individuals, such as general age, ethnicity, gender, as well as possible environmental factors that may have played a part in the development of the disease. Thus, it is the intent of the legislature to establish a system to collect and assess information and data regarding the incidence of Parkinson's disease in the state.

Acts 2005, No. 210, §1.
La. Rev. Stat. § 40:1123.2 — LA Code / Code revised-statutes / Title 40 / Section 1123.2
Awareness
Status: in_force

In accordance with this Part, all hospitals and birthing centers that provide labor and delivery services shall, prior to discharge following pregnancy, provide pregnant women and their family members information about perinatal mood and anxiety disorders, including the symptoms, treatment, and available resources. The Louisiana Department of Health bureau of family health, in cooperation with the office of behavioral health, shall make such information available to hospitals and birthing centers and shall include this information on the department's website.

Acts 2022, No. 188, §1.

NOTE: Former R.S. 40:1123.2 redesignated as R.S. 40:1300.42 by Acts 2022, No. 271, §9A.
La. Rev. Stat. § 40:2535 — LA Code / Code revised-statutes / Title 40 / Section 2535
Retaliation for exercising rights
Status: in_force

There shall be no penalty nor threat of any penalty for the exercise by a law enforcement officer of his rights under this Chapter.

Acts 1985, No. 425, §1.
La. Rev. Stat. § 40:641 — LA Code / Code revised-statutes / Title 40 / Section 641
Injunction proceedings
Status: in_force

A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the repetitious introduction or causing to be introduced into commerce of any adulterated, misbranded, or unregistered food, drug, device, or cosmetic; or from the dissemination or causing to be disseminated of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of food, drugs, devices, or cosmetics in commerce.

B. In these injunction proceedings it is not necessary to show an intent on the part of the person enjoined to continue the offense.

C. Violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of an information by the district attorney and process of the court for the arrest of the violator may be served at any place in the state.

D. No person violates any injunction issued pursuant to this Section by reason of the dissemination, subsequent to the injunction, of the false advertisement which was the basis of the injunction, if the dissemination was beyond the control of the person.

Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1485.5 — LA Code / Code revised-statutes / Title 40 / Section 1485.5
Rider qualifications
Status: in_force

A rider shall not enter or attempt to enter a carnival or amusement ride unless the rider, or his parent or guardian on a rider's behalf, reasonably determines that, at a minimum:

(1) The rider has sufficient knowledge to use, enter, or exit the carnival or amusement ride safely without instruction or has requested and received, before entering the carnival or amusement ride, sufficient information to enter, use, or exit the ride safely.

(2) The rider has located, reviewed, and understood any signs in the vicinity of the carnival or amusement ride and has satisfied any posted height or other restrictions.

(3) The rider knows the range and limits of his ability and knows the requirements of the carnival or amusement ride will not exceed those limits.

(4) The rider is not under influence of alcohol or any drug that affects his ability to safely use the carnival or amusement ride or obey the posted rules or oral instructions.

(5) The rider is authorized by the owner's authorized agent or employee to enter the carnival or amusement ride.

Acts 2003, No. 928, §1.
La. Rev. Stat. § 40:1896 — LA Code / Code revised-statutes / Title 40 / Section 1896
Violation, penalties
Status: in_force

A. Any person who shall be determined by the assistant secretary, after notice and an opportunity for a hearing, to have violated any provision of this Part or any rule, regulation, or order promulgated or issued under this Part shall be liable to the office of conservation for a civil penalty not to exceed ten thousand dollars for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed five hundred thousand dollars for any related series of violations. The amount of the penalty shall be assessed by the assistant secretary by written notice. In determining the amount of the penalty, the assistant secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require.

B. The legal counsel employed or retained by the assistant secretary may recover the assessed civil penalty by bringing action against the person so assessed in the court having jurisdiction. The assistant secretary may compromise the civil penalty.

C. Any person who willfully and knowingly violates this Part or any rule, regulation, or order issued under this Part shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject for each offense to a fine of not more than twenty-five thousand dollars or imprisoned for not more than one year, or both, for each violation.

Amended by Acts 1981, No. 754, §2; Acts 1990, No. 599, §3, eff. July 19, 1990.
La. Rev. Stat. § 40:1250.12 — LA Code / Code revised-statutes / Title 40 / Section 1250.12
Annual review of rates
Status: in_force

A. The department may conduct annual reviews of all rates by service category and shall make a determination of the level of sufficiency of each rate based on a review of all pertinent data.

B. Any reduction in disability rates to providers must be approved by the Joint Legislative Committee on the Budget.

Acts 2019, No. 381, §1.
La. Rev. Stat. § 40:1672 — LA Code / Code revised-statutes / Title 40 / Section 1672
Scaffolds, supports, or other mechanical contrivances
Status: in_force

All scaffolds, hoist cranes, stays, ladders, supports, or other mechanical contrivances erected by any person for use in the erection, repairing, alteration, removing, or painting of any building, bridge, viaduct, or other structure shall be constructed, placed, and operated so as to give proper and adequate protection to any person employed or engaged thereon or passing under or by it, and in such a manner as to prevent the falling of any material that may be used or deposited thereon.
La. Rev. Stat. § 40:1401 — LA Code / Code revised-statutes / Title 40 / Section 1401
Release of personal information
Status: in_force

No person, agency, or department shall release to the news media, press, or any other public information agency the home address, photograph, or any information that may be deemed otherwise confidential of an employee, officer, or agent of the Department of Public Safety and Corrections, office of state police, without the express written consent of that employee, officer, or agent with respect to an investigation of the employee, officer, or agent.

Acts 2003, No. 144, §1.
La. Rev. Stat. § 40:1269.1 — LA Code / Code revised-statutes / Title 40 / Section 1269.1
Citation of Part
Status: in_force

The provisions of this Part may be cited as the Rabies Control Law.

Added by Acts 1954, No. 663, §1; Redesignated from R.S. 40:1275 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1485.2 — LA Code / Code revised-statutes / Title 40 / Section 1485.2
Definitions
Status: in_force

For the purposes of this Subpart, the following terms and phrases have the meanings ascribed to them:

(1) "Carnival or amusement ride" means either of the following:

(a) A device that is intended to give amusement, excitement, pleasure, or thrills to riders whom the device carries along or around a fixed or restricted course or within a defined area.

(b) A structure that gives amusement, excitement, pleasure, or thrills to people who move around, over, or through the structure without the aid of a moving device integral to the structure.

(2) "Firm" means a sole proprietorship, corporation, limited liability company, or similar type of business entity.

(3) "Owner" means a person, a firm, the state, or a political subdivision of the state that owns an amusement ride or, if the ride is leased, the lessee of the ride.

(4) "Parent or guardian" means each parent, custodian, or guardian responsible for the control, safety, training, or education of a rider who is a minor, has a disability, or is incompetent.

(5)(a) "Rider" means any person who is:

(i) Waiting in the immediate vicinity to enter a carnival or amusement ride.

(ii) Entering a carnival or amusement ride.

(iii) Using a carnival or amusement ride.

(iv) Exiting a carnival or amusement ride.

(v) Leaving a carnival or amusement ride and still in the immediate vicinity of the ride.

(b) The term "rider" does not include employees or agents of the owner while engaged in the duties of their employment.

(6) "Sign" means any symbol or language reasonably calculated to communicate information to riders or their parents or guardians, including but not limited to placards, prerecorded messages, live public addresses, stickers, pictures, pictograms, guidebooks, brochures, video, verbal information, and visual signals.

Acts 2003, No. 928, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1583 — LA Code / Code revised-statutes / Title 40 / Section 1583
Locking, bolting, or obstructing exits or passageways
Status: in_force

No persons shall bolt, lock, obstruct, or block any exit or any passageway, or permit anyone else to do so, while the structure, watercraft, or moveable is in use for public assemblage.

Added by Acts 1982, No. 335, §1, eff. July 18, 1982.
La. Rev. Stat. § 40:1139.3 — LA Code / Code revised-statutes / Title 40 / Section 1139.3
Statewide ambulance service district; creation
Status: in_force

In order to provide for sufficient resources to assure the availability of emergency ambulance services to the population of Louisiana, the legislature does hereby establish a statewide ambulance service district. The boundaries of the district shall be coterminous with the boundaries of the state. The ambulance service district thus created shall constitute a body corporate in law with all powers of a corporation, shall have perpetual existence, shall have the power and right to contract obligations, to sue and be sued, and to do and perform any and all acts in its corporate capacity and its corporate name necessary and proper for the carrying out of the objects and purposes for which the ambulance service district was created. It shall have the power and authority to acquire any and all necessary equipment and buildings for the purpose of performing the objects for which it is formed and shall own all sites and physical facilities which are acquired either by donation, purchase, exchange, and otherwise in full ownership.

Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.23 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1193.6 — LA Code / Code revised-statutes / Title 40 / Section 1193.6
Authorization form; content
Status: in_force

The form for the authorization of installation and use of a monitoring device shall provide for all of the following:

(1) Consent of the resident or his legal representative authorizing the installation and use of the monitoring device.

(2) Notice to the nursing home of the resident's installation of a monitoring device and specifics as to the type, function, and use of the device.

(3) Consent of any other resident sharing the same room, or that resident's legal representative, to the installation and use of a monitoring device.

(4) Notice of release from liability for violation of privacy through the use of the monitoring device.

(5) Waiver of the resident's right to privacy in connection with the use of the monitoring device.

Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1730.21 — LA Code / Code revised-statutes / Title 40 / Section 1730.21
Public policy for state uniform construction code
Status: in_force

A. The public policy of Louisiana is to maintain reasonable standards of construction in buildings and other structures in the state consistent with the public health, safety, and welfare of its citizens.

B. This Part is enacted to enable the state of Louisiana to promulgate a state uniform construction code to govern the construction, reconstruction, alteration, and repair of buildings and other structures and the installation of mechanical devices and equipment therein. The state uniform construction code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort, and security balanced with affordability for the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, and techniques. The state uniform construction code will encourage the use of construction materials of the greatest durability, lower long-term costs, and provide greater storm resistance.

C. To clarify the intent of the legislature and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon a state or local governmental entity or agency which adopts the building and safety codes authorized or required by this Part.

D. To further clarify the intent of the legislature, this Part continues to apply to a person who may act under authority of the Department of Public Safety and Corrections and that the allocation of inspection duties among local officials is not dictated by this Part but remains a matter for the local authority.

E. To secure these purposes, the Louisiana State Uniform Construction Code Council shall certify a person performing building codes enforcement including building officials, plans reviewers, and inspectors.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
La. Rev. Stat. § 40:600.75 — LA Code / Code revised-statutes / Title 40 / Section 600.75
Funding
Status: in_force

A. The office of community development, within the division of administration, or the Road Home Corporation, which is responsible for the delivery of the Road Home Housing Program, may set aside sufficient funds to accomplish and implement the requirements of this Chapter.

B. The office of community development may conduct competitive negotiations by initiating the issuance of a request for proposals containing a description of the services required and the factors to be used in evaluating the proposals.

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

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be effective on July 1, 2010.
La. Rev. Stat. § 40:1300.63 — LA Code / Code revised-statutes / Title 40 / Section 1300.63
Local government prohibition or regulation
Status: in_force

Notwithstanding any other provision of law to the contrary, a local government may enact an ordinance to prohibit the sale or distribution of mitragynine speciosa products or to regulate the sale or distribution of mitragynine speciosa products in a manner that is more restrictive than provided for in R.S. 14:91.10.

Acts 2023, No. 416, §2.
La. Rev. Stat. § 40:1285.8 — LA Code / Code revised-statutes / Title 40 / Section 1285.8
Lead-free pipe, fitting, fixture, solder, or flux; exclusions; definitions
Status: in_force

A.(1) No person shall use any pipe, pipe or plumbing fitting or fixture, solder, or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facility providing water for human consumption, except when necessary for the repair of leaded joints of cast iron pipes.

(2) No person shall introduce into commerce any pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption through drinking or cooking that is not lead free, including kitchen faucets, bathroom faucets, and any other end-use devices intended to convey or dispense water for human consumption through drinking or cooking.

(3) The provisions of this Subsection shall not apply to the following:

(a) Pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption.

(b) Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, showers, safety shower flushes, service saddles, or water distribution main gate valves that are two inches in diameter or larger.

(c) Materials purchased or acquired by public water systems prior to January 1, 2013.

B.(1) No person engaged in the business of selling plumbing supplies, except a manufacturer, shall sell solder or flux that is not lead free.

(2) No person shall introduce into commerce any solder or flux that is not lead free unless the solder or flux bears a prominent label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing providing water for human consumption.

C. For the purposes of this Section, "lead free" means not more than 0.2 percent lead when used with respect to solder and flux and not more than a weighted average of 0.25 percent when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures. The weighted average lead content of a pipe and pipe fitting, plumbing fitting, and fixture shall be calculated by using the following formula: The percentage of lead content within each component that comes into contact with water shall be multiplied by the percent of the total wetted surface of the entire pipe and pipe fitting, plumbing fitting, or fixture represented in each component containing lead. These percentages shall be added and the sum shall constitute the weighted average lead content of the pipe and pipe fitting, plumbing fitting, or fixture.

D. All pipe, pipe or plumbing fittings or fixtures, solder, or flux shall be certified by an independent American National Standards Institute (ANSI) accredited third party as being in compliance with this Section.

E. The Louisiana Department of Health shall promulgate rules and regulations implementing the provisions of this Section.

Acts 2011, No. 362, §1, eff. Jan. 1, 2013; Redesignated from R.S. 40:1299.27.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2010.1 — LA Code / Code revised-statutes / Title 40 / Section 2010.1
Definitions
Status: in_force

For the purpose of R.S. 40:2010.1 through R.S. 40:2010.5 unless the context otherwise requires:

(1) "Agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or by any parish or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities.

(2) "Facility" means any nursing home or board and care home licensed by the state or required to be licensed by the state under the terms of R.S. 40:2009.1 through R.S. 40:2009.12, and R.S. 40:2151-2163.

(3) "Office" means the office of the state long term care ombudsman in the office of elderly affairs in the office of the governor.

(4) "Ombudsman" means the administrator of the office of the state ombudsman created pursuant to R.S. 40:2010.1 through R.S. 40:2010.5 in the office of elderly affairs.

(5) "Representative" means any person who meets the qualifications and completes the training required by the office of the state long term care ombudsman, as specified by administrative rule, and who is currently in good standing with the office of the state long term care ombudsman as a local ombudsman.

(6) "Resident" means, any person who is a resident or client of a facility.

Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.
La. Rev. Stat. § 40:2212 — LA Code / Code revised-statutes / Title 40 / Section 2212
Basic benefit plans
Status: in_force

A. A qualified plan shall provide full disclosure of services to each enrollee or prospective enrollee, including covered benefits, restrictions and/or limitations, specialty care, prescription drugs and biologics, the inclusion of essential community providers, the use of providers outside of a plan's provider network, and experimental treatments.

B. Each qualified plan shall disclose to each enrollee or prospective enrollee orally or in writing in a manner understandable at a fifth grade reading level and reviewed and approved by the literacy program of the Louisiana State University Health Sciences Center in Shreveport:

(1) A definition of basic covered benefits.

(2) Guidelines for confidential communication with caregivers.

(3) Availability and access to choice of providers.

(4) Quality assurance requirements.

(5) Disclosure of protocols as it relates to courteous treatment, timely referrals, and access to specialty care.

(6) Disclosure of deductibles.

(7) Extent of inclusion or exclusion of preventive health services in all basic benefit programs.

(8) Disclosure of definition of "necessary treatment".

(9) Information regarding appeal process.

C.(1) Any qualified plan shall not exclude from direct reimbursement health care services provided by an advanced practice registered nurse who provides health care services in accordance with the collaborative practice agreement for basic benefit services covered by the basic health plan.

(2) Any qualified plan shall not reimburse health care services provided by an advanced practice registered nurse at a rate less than the rate paid to other health care providers who perform the same services.

Acts 1995, No. 621, §1, eff. June 18, 1995; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 2001, No. 704, §1; Acts 2006, No. 106, §1.
La. Rev. Stat. § 40:2012.2 — LA Code / Code revised-statutes / Title 40 / Section 2012.2
Admission of pay patients; disposition of proceeds
Status: in_force

Patients suffering with tuberculosis who are able to pay for hospitalization in a hospital operated by the department shall reimburse the hospital for expenses of their hospitalization, medical services, drugs, and medicines at rates to be fixed by the department, and the proceeds of fees paid by such patients shall be transmitted to the state treasurer in accordance with state laws.

Added by Acts 1958, No. 34, §1; Amended by Acts 1977, No. 402, §1; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1664.5 — LA Code / Code revised-statutes / Title 40 / Section 1664.5
Exemptions to licensure and equipment
Status: in_force

A. The requirements for licensure shall not apply to any of the following persons or entities:

(1) An officer or employee of the United States, this state, or any political subdivision of either, while engaged in the performance of his official duties within the course and scope of his employment with the United States, this state, or any political subdivision of either. However, no person or entity excepted from licensure pursuant to this Subpart shall engage in the certification, inspection, installation, integration, sale, or service of special locking, fire detection and alarm, fire sprinkler, fire suppression systems, or portable fire extinguishers and fire hoses.

(2) Any sworn police, fire, or other peace officer or certified medical technician may open any lock or locked motor vehicle while engaged in the performance of his official duties within the course and scope of his employment, provided that he receives no additional compensation for such services.

(3) Any owner, management firm, or public institution and such person's or entity's employees while such person or entity is certifying, inspecting, installing, integrating, selling, and servicing mechanical locks, intrusion alarm systems, or closed circuit television alarm systems, only on the premises of the owner or public institution during the normal course and scope of his duties.

(4) A general contractor licensed by the State Licensing Board for Contractors and his direct employees or a building owner and his direct employees performing the installation or removal of complete mechanical lock sets when doing so in the course of residential or commercial new construction or remodeling.

(5) Any automotive service dealer, lock manufacturer, or manufacturer's employee engaged in servicing, installing, repairing, or rebuilding automotive locks.

(6) Any employee of a towing service, or an automobile club, while such person is opening automotive locks in the normal course of his duties.

(7) Any merchant or retail store that is in the business of selling, servicing, or installing intrusion alarms for motor vehicles. This exception from licensure shall also apply to the employees of the merchant or retail store but only as to work performed by them on behalf of the exempted employer.

(8) Any merchant or retail store that is in the business of selling intrusion alarm systems or closed circuit television systems or household fire warning systems at retail to an individual end user for self-installation. This exception from licensure shall also apply to the employees of the merchant or retail store but only as to work performed by them on behalf of the exempted employer.

(9) Any merchant or retail store that is in the business of re-coding new locks on the retail premises only or duplicating keys, except for those keys which are proprietary and those marked "do not duplicate" or "master key". This exception from licensure shall also apply to the employees of the merchant or retail store but only as to work performed by them on behalf of the exempted employer.

(10) Any manufacturer, and his employee or representative, who acts as a consultant to a licensed firm in the certifying, inspecting, installation, integrating, programming, selling, and servicing of life safety and property protection systems regulated by this Subpart while under the direct supervision of the licensed firm.

(11) Any gate manufacturer or merchant that is in the business of installing, servicing, repairing, rebuilding, reprogramming, or maintaining electronic garage door devices. This exception from licensure shall also apply to the employees of the manufacturer or merchant but only as to work performed by them on behalf of the exempted employer.

(12) Repealed by Acts 2020, No. 339, §3, eff. June 13, 2020.

(13) A mechanical contractor licensed by the State Licensing Board for Contractors and holding a statewide mechanical work license classification issued by that board or, where applicable, a plumber licensed by the State Plumbing Board who only certifies, inspects, installs, and services water supply piping supplying sprinkler systems, stand pipe, and hose station systems, or fire pumps.

(14) A mechanical contractor licensed by the State Licensing Board for Contractors and holding a statewide mechanical work license classification issued by that board or, where applicable, a plumber licensed by the State Plumbing Board who only installs piping within a fixed fire suppression system.

B. The provisions of this Subpart shall not apply to a conveyance device located within a one- or two-family dwelling as defined in R.S. 40:1573.

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, §3, eff. June 13, 2020.
La. Rev. Stat. § 40:1275.4 — LA Code / Code revised-statutes / Title 40 / Section 1275.4
Rules and regulations
Status: in_force

The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the requirements of this Part.

Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.174 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1243.2 — LA Code / Code revised-statutes / Title 40 / Section 1243.2
Upper payment limit mechanism for outpatient behavioral health services for Medicaid recipients under the age of twenty-one
Status: in_force

A. The Louisiana Department of Health is authorized to seek approval from the Centers for Medicare and Medicaid Services of a program designed to reimburse non-state, governmental entities through the Medicaid program for outpatient behavioral health services to Medicaid recipients under the age of twenty-one.

B. The Louisiana Department of Health may develop and maintain a Medicaid upper payment limit financing methodology for the behavioral health services provided for in Subsection A of this Section. The disbursements of monies generated by the use of an upper payment limit methodology shall be made only in accordance with an approved waiver or state plan amendment. The source of the non-federal match for these payments may only be by voluntary certification of expenditures or intergovernmental transfer of funds.

Acts 2012, No. 650, §1, eff. June 7, 2012; Redesignated from R.S. 40:1300.332 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1749.19 — LA Code / Code revised-statutes / Title 40 / Section 1749.19
Voluntary participation by incorporated municipalities and parish governments
Status: in_force

A. Each incorporated municipality or parish government which owns or operates, in its own right or through a special district or districts created pursuant to constitutional or statutory authority, a drainage system, a sewer system, drainage, water or water system, traffic control system, an electrical energy system and/or a gas or natural gas system underground facility within its local jurisdiction which would otherwise be included in R.S. 40:1749.14, and which does not desire to be so included, shall adopt an ordinance indicating this desire by December 31, 1998. The ordinance shall be filed with the secretary of state for verification purposes. An incorporated municipality or parish government which fails to adopt the ordinance shall be subject to the provisions of this Part on and after December 31, 1998.

B. Each municipality or parish government which owns or operates in its own right, or through a special district or districts created pursuant to law, a drainage system, a sewer system, water or water system, telephone or telegraph, fiber optic, electronics equipment system, traffic control system, an electrical energy system, natural gas system, and/or a gas system underground facility within its local jurisdiction which would otherwise be included in R.S. 40:1749.17, and which is incorporated or created subsequent to July 1, 1997, and which does not desire to be so included, shall comply with the provisions of Subsection A of this Section within one year of the date of its first municipal elections or within one year of the date of creation of a special district.

Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997.
La. Rev. Stat. § 40:1153.4 — LA Code / Code revised-statutes / Title 40 / Section 1153.4
Additional form of military advance medical directive; application of this Part
Status: in_force

A. Nothing in this Subpart affects or limits the use of:

(1) Any other advance medical directive prepared and executed in accordance with the provisions of 10 U.S.C. 1044(c), regardless of form, substance, formality, or recording.

(2) Any other form for a declaration concerning life-sustaining procedures authorized by Subpart A of this Part.

B. This Subpart provides an illustrative form for making an advance medical directive and, in the event of direct conflict with Subpart A of this Part, is governed by the provisions contained herein. However, for purposes of interpretation, application, intent, definitions, direction, voluntary registry, notification, immunity from liability, and penalties, the provisions of Subpart A of this Part shall apply.

Acts 1997, No. 1057, §1; Redesignated from R.S. 40:1299.63 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2474 — LA Code / Code revised-statutes / Title 40 / Section 2474
Participation in program; needs assessment
Status: in_force

Participation in the long term home health program shall be based initially on a comprehensive assessment conducted in accordance with rules and regulations promulgated by the department.

Added by Acts 1982, No. 715, §1.
La. Rev. Stat. § 40:1281.7 — LA Code / Code revised-statutes / Title 40 / Section 1281.7
Certification of present practitioners; temporary certification
Status: in_force

A. Certificates in appropriate classification will be issued to operators, who on the effective date of this Subpart, hold certificates of competency attained by examination under the voluntary certification program now being administered by the Louisiana Department of Health and the Louisiana Conference on Water Supply, Sewerage, and Industrial Wastes, upon application to the committee within eighteen months after the effective date of this Subpart and payment of the certification fees prescribed by the committee.

B. All operators employed in charge of water supply or sewerage systems on the effective date of this Subpart*, and who do not hold voluntary or other qualifying certificates, and who apply to the committee within twelve months of the effective date of this Subpart* and pay the prescribed certificate fees, shall be granted an operator's limited certificate, which shall be valid only for the system in which the operator is employed and for the conditions of operation and duties involved on the effective date of this Subpart*. Limited certificates shall be renewable upon application, provided the requirements for renewal without reexamination for certificate of even grade are satisfied. Persons granted limited certificates and renewals of limited certificates shall pay the same fees as are fixed for regular certificates of like grade.

C. Any person appointed to replace or succeed a water supply system or sewage system operator after the effective date of this Subpart may be issued a temporary certificate upon application to the committee and payment of the same fees as are specified for limited certificates. Any such person shall be required to obtain a regular certificate of the class commensurate with his duties within a period of twenty four months after the date on which a temporary certificate is issued.

Acts 1972, No. 538, §7, eff. July 26, 1972, at 12 o'clock noon. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from R.S. 40:1147 by HCR 84 of 2015 R.S.

*AS APPEARS IN ENROLLED ACT.
La. Rev. Stat. § 40:46.13 — LA Code / Code revised-statutes / Title 40 / Section 46.13
Paternity establishment services
Status: in_force

The state registrar shall provide voluntary paternity establishment services in accordance with regulations prescribed by the secretary of the United States Department of Health and Human Services. The state registrar may designate specific employees in the offices of the vital records registry who shall possess notarial powers to administer an oath to any person in connection with any document required in the course of establishing paternity.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1680 — LA Code / Code revised-statutes / Title 40 / Section 1680
Enclosure of shafts or openings in buildings under construction
Status: in_force

If elevating machines or hoisting apparatus are used within a building in the course of construction, for the purpose of lifting material, the contractor, owner, or lessee shall cause all shafts or openings in the floors, such as stairways, ladder openings, or elevator shafts, to be enclosed or fenced all around by a substantial railing at least four feet in height.
La. Rev. Stat. § 40:700.10 — LA Code / Code revised-statutes / Title 40 / Section 700.10
Penalties
Status: in_force

A. Whoever violates any provision of this Subpart shall be fined, for the first offense, not more than five hundred dollars or imprisoned for not more than six months, or both.

B. For the second or subsequent offense, he shall be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

C. But any person who violates the provisions of R.S. 40:700.2(C) shall only be fined not more than one thousand dollars for each violation if the violation does not involve gross deception or imminent danger to health, and is established by opinion evidence only.

Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1223.1 — LA Code / Code revised-statutes / Title 40 / Section 1223.1
Short title
Status: in_force

This Part shall be known and may be cited as the "Louisiana Telehealth Access Act".

Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.401 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1107.2 — LA Code / Code revised-statutes / Title 40 / Section 1107.2
Programs for individuals with cystic fibrosis who are twenty-one years of age or older
Status: in_force

A. The secretary of the Louisiana Department of Health, through the Children's Special Health Services program in the office of public health established pursuant to R.S. 40:1071 et seq., shall make available and provide services and assistance to individuals with cystic fibrosis who are twenty-one years of age or older under the same terms, conditions, requirements, and criteria as are applied under the program to persons with cystic fibrosis under twenty-one years of age, to the extent that funds are appropriated by the legislature for the purpose of providing such services.

B. The secretary is authorized to promulgate such rules and regulations as are necessary and appropriate to carry out the provisions of this Part.

Added by Acts 1983, No. 498, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.119 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:996.6 — LA Code / Code revised-statutes / Title 40 / Section 996.6
Violations
Status: in_force

A. It is unlawful for any person to sell, distribute, manufacture, or dispense a dangerous substance following the adoption of a dangerous substance stop order.

B. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, or may be imprisoned for not more than two years in the parish jail, or both.

C. Each day of continued violation shall constitute a separate offense.

Acts 2012, No. 347, §1.
La. Rev. Stat. § 40:1601 — LA Code / Code revised-statutes / Title 40 / Section 1601
Novelty lighters
Status: in_force

A. For the purposes of this Section, the following definitions shall apply unless otherwise indicated:

(1) "Lighter" means a flame-producing device commonly used by consumers to ignite tobacco products and mechanical devices primarily used to ignite fuel for fireplaces or for charcoal or gas grills. The term does not include matches. This term includes novelty lighters.

(2) "Novelty lighter" means a lighter that has a toylike appearance, has entertaining audio or visual effects, or resembles in any way in form or function an item that is commonly recognized as appealing, attractive, or intended for use by young children, particularly those ten years of age or younger, including such a device that takes toylike physical forms, including but not limited to toy animals, cartoon characters, cars, boats, airplanes, common household items, weapons, cell phones, batteries, food, beverages, musical instruments, and watches or has flashing lights or other entertaining features. Novelty lighters may operate on any fuel, including butane or liquid fuel.

B. The retail, sale, offer of retail sale, gift, or distribution of any novelty lighter in the state of Louisiana is prohibited.

C. This Section shall not apply to:

(1) Novelty lighters that were made before January 1, 1980.

(2) Novelty lighters that are considered to be collectable items.

(3) Repealed by Acts 2013, No. 147, §2.

(4) Lighters incapable of being fueled or lacking a device necessary to produce combustion or flame.

(5) The active transportation of novelty lighters through this state.

(6) The storage of novelty lighters in a warehouse or distribution center in this state that is closed to the public for purposes of retail sales.

(7) Wholesale or retail dealers selling their existing inventory of novelty lighters before January 1, 2010, where such inventory was purchased prior to August 15, 2009.

(8) Novelty lighters that are in compliance with 16 CFR Part 1210 et seq.

D.(1) The fire marshal shall adopt such rules and regulations as are necessary to implement and enforce the provisions of this Section.

(2) The fire marshal or an authorized representative, upon oral or written demand, may inspect the inventory of novelty lighter manufacturers, wholesale or retail dealers, and transporters as the fire marshal or the authorized representative deems necessary to ensure compliance with this Section.

(3) Whenever the fire marshal or an authorized representative, law enforcement personnel, or any authorized personnel discover novelty lighters for retail or sale or offered for retail sale, gift, or distribution, such personnel are hereby authorized and empowered to seize and take possession of such lighters. The confiscated lighters shall be turned over to the fire marshal and shall be forfeited to the state as contraband. Novelty lighters seized pursuant to this Section shall be destroyed. Destruction shall be witnessed by at least two employees of the fire marshal and documentation of such destruction shall be made which describes the contraband, time and location of the destruction, witnesses to the destruction, and such other information as required by the fire marshal.

(4) Any person who knowingly violates the provisions of this Section shall be fined not more than two hundred fifty dollars per violation.

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

Acts 2009, No. 89, §1, eff. Jan. 1, 2010; Acts 2013, No. 147, §§1, 2; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 40:31.16 — LA Code / Code revised-statutes / Title 40 / Section 31.16
Parental consent; parental responsibility for immunization; exemptions
Status: in_force

A.(1) Nothing in this Part shall be construed to restrict the registry from providing tracking and recall information to the healthcare provider of a client, parent, or guardian of a minor client.

(2) General consent for treatment and release of information to other providers or to the office of public health shall be considered consent for sharing historical, current, and future immunization information. In addition, each immunization provider shall comply with at least one of the following requirements:

(a) Place a poster in the patient registration area notifying patients and parents that the site is participating in the state immunization registry and that immunization data is being shared with the registry.

(b) Provide each patient or parent a brochure supplied by the office of public health describing the purposes of the registry and notifying patients and parents that they can prohibit data sharing by notifying the healthcare provider not to submit immunization information to the registry.

B. The immunization record of a client shall be purged from the registry at any time that the client or client's custodial parent or legal guardian requests, in writing, that the immunization record be purged from the registry.

C. Nothing in this Part shall be construed to mitigate the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized.

D. Nothing in this Part shall be construed to require immunization or tracking of any child otherwise exempt from immunization requirements for medical or religious reasons.

Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2002, 1st Ex. Sess., No. 90, §1; Acts 2019, No. 192, §§1, 2, eff. June 11, 2019.
La. Rev. Stat. § 40:1576 — LA Code / Code revised-statutes / Title 40 / Section 1576
Service of order
Status: in_force

Any order for removal or remedying issued pursuant to R.S. 40:1575 may be served upon the occupant of the premises to which it is directed by delivering a copy to the occupant personally or by registered or certified mail, or to any person in charge of the premises. If no person is found upon the premises, the order may be served by affixing a copy thereof in a conspicuous place on the door at the entrance to the premises. Whenever it is necessary to serve an order upon the owner of the premises, it may be served either by delivering a copy to the person as herein provided or, if the owner is absent from the jurisdiction of the officer making the order, by mailing the copy to the owner's last known post office address.

Amended by Acts 1968, No. 418, §1.
La. Rev. Stat. § 40:1122.1 — LA Code / Code revised-statutes / Title 40 / Section 1122.1
Louisiana Rare Disease Advisory Council
Status: in_force

A. For the purpose of this Part, the following terms have the meanings ascribed to them:

(1) "Board" means the Drug Utilization Review board established by the Louisiana Department of Health.

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

(3) "Rare disease" means any disease or condition that affects fewer than two hundred thousand persons in the United States. Rare disease shall also mean sickle cell disease and sarcoidosis.

B.(1) The Louisiana Rare Disease Advisory Council is hereby created within the Louisiana Department of Health.

(2) The Louisiana Rare Disease Advisory Council, referred to hereafter in this Part as the "advisory council", shall serve only in a resource capacity to any public and private agency located in this state that provides services for a person who has been diagnosed with a rare disease.

(3) The advisory council shall be composed of the following members:

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

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

(c) Members appointed by the governor as follows:

(i) One representative from the department.

(ii) Two representatives from academic research institutions in this state that conduct rare disease research.

(iii) Two physicians who are licensed and practicing in this state with experience in researching, diagnosing, or treating rare diseases.

(iv) One geneticist who is licensed and practicing in this state.

(v) One registered nurse or advanced practice registered nurse who is licensed and practicing in this state and has experience treating rare diseases.

(vi) Two residents of this state who are eighteen years of age or older and who have either been diagnosed with a rare disease or is a caregiver for a person who has been diagnosed with a rare disease.

(vii) One representative of a rare disease patient organization operating in this state.

(4) The governor shall determine who serves as the chair and vice chair of the advisory council.

(5) To the extent practicable, every organization or entity that provides a nomination to the advisory council shall strive for diversity in its appointment on the basis of race, ethnicity, sex, professional or educational background, and geographic residency.

C. The advisory council shall hold its initial meeting no later than October 1, 2021. The advisory council shall meet at least quarterly in a calendar year and at any other time as it deems necessary.

D. The purposes of the advisory council include all of the following:

(1) To provide input and feedback to the department and any other state agency on matters that affect a person who has been diagnosed with a rare disease, including but not limited to all of the following:

(a) Pandemic preparedness and response and its impact on a person living with a rare disease.

(b) Research, education, diagnosis, and treatment relating to rare diseases within this state.

(c) Rare diseases in general, the severity of rare diseases, and unmet medical needs associated with rare diseases.

(d) The demographics and clinical description of patient populations.

(e) Timely access to screening, care, insurance or Medicaid coverage, specialists, and other needed services for a patient who has been diagnosed with a rare disease.

(f) The impact that coverage, cost-sharing, tiering, and any other utilization management procedure has on providing treatment and services to a patient who has been diagnosed with a rare disease.

(2) To provide expert and clinical advice to the board in its review of treatments for a rare disease. The treatments may include drugs or biological products emerging from fields of personalized medicine and non-inheritable gene editing therapeutics.

(3) To provide a report to the governor, the Legislature of Louisiana, the department, and any other relevant agency of both of the following:

(a) Any findings, activities, and progress of the advisory council pursuant to the provisions of Paragraphs (1) and (2) of this Subsection.

(b) Any recommendations for addressing the needs of a person living with a rare disease in this state.

E. The advisory council shall not have authority on any matter relating to the department or the board.

F. Nothing in this Section shall require the board to follow the recommendations of the advisory council.

G. Nothing in this Section shall require the advisory council, the board, or any state agency to consult with a person on any matter or be required to meet with any specific expert or stakeholder.

H. An advisory council member shall not receive any compensation for serving on the advisory council.

Acts 2021, No. 321, §2; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1169.5 — LA Code / Code revised-statutes / Title 40 / Section 1169.5
Limitation of liability; no cause of action created
Status: in_force

A. Notwithstanding any provision of law to the contrary, a physician who prescribes an investigational drug, biological product, or device to an eligible patient pursuant to the provisions of this Subpart shall be immune from civil liability, including but not limited to any cause of action arising under R.S. 40:1231.1 et seq., for any adverse action, condition, or other outcome resulting from the patient's use of the investigational drug, biological product, or device.

B. Nothing in this Section shall be construed as creating a cause of action by or on behalf of any person against a manufacturer of an investigational drug, biological product, or device, or against any person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device, for any harm done to the eligible patient resulting from the investigational drug, biological product, or device.

Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.425 by HCR 84 of 2015 R.S.; Acts 2016, No. 355, §1.
La. Rev. Stat. § 40:978.2.1 — LA Code / Code revised-statutes / Title 40 / Section 978.2.1
Reporting of opioid-related overdoses
Status: in_force

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

(1) "First responders" means the first arriving organized responders with the capability and mission to contain, mitigate, and resolve the emergency at hand such as but not limited to ambulance services, emergency medical service providers, or law enforcement.

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

B. First responders may provide reports or documents to the Louisiana Department of Health, office of public health, related to dispatches where an encountered individual was experiencing an opioid-related drug overdose and whether naloxone was administered. The office of public health shall treat any such reports or documents as confidential and such documents shall not be subject to release pursuant to a public records request or subpoena to the Louisiana Department of Health or the office of public health.

Acts 2019, No. 423, §1, eff. June 20, 2019.
La. Rev. Stat. § 40:1666.8 — LA Code / Code revised-statutes / Title 40 / Section 1666.8
Determination of eligibility
Status: in_force

Whenever any question arises as to the eligibility of any person to receive additional pay out of state funds as provided by this Part, the question thereof, together with all of the facts relating thereto, shall be submitted to the board herein created for determination, and the decision of the board with regard to eligibility shall be final.

Acts 1967, No. 82, §5. Redesignated from R.S. 33:2009. See Acts 2014, No. 158, §§3 and 7.
La. Rev. Stat. § 40:1151.9 — LA Code / Code revised-statutes / Title 40 / Section 1151.9
General application
Status: in_force

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

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

(2) Nor shall the making of a declaration pursuant to this Subpart affect the sale, procurement, or issuance of any life insurance policy, nor shall it be deemed to modify the terms of an existing policy.

(3) No policy shall be legally impaired or invalidated by the withholding or withdrawal of life-sustaining procedures from an insured, qualified patient, notwithstanding any term of the policy to the contrary.

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

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

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

D. A declaration properly executed in and under the laws of another state is deemed to be validly executed for purposes of this Subpart.

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

Acts 1984, No. 382, §1; Acts 1990, No. 749, §1; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2005, No. 447, §1; Acts 2012, No. 715, §1; Acts 2014, No. 850, §1, eff. June 23, 2014; Redesignated from R.S. 40:1299.58.10 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:432 — LA Code / Code revised-statutes / Title 40 / Section 432
Examinations and investigations
Status: in_force

A. Pursuant to approval of the local housing authority's board of commissioners, acting through one or more of its commissioners or other designees, a local housing authority may:

(1) Conduct examinations and investigations with respect to any matter relating to the purposes of this Chapter.

(2) Make available to public agencies and officials and the public, all findings, conclusions, and recommendations resulting from such examinations and investigations.

(3) Subpoena and compel the attendance of witnesses and the production of documents, books, records, papers, electronic and other data, and things.

(4) Issue commissions for the examination of witnesses who are outside this state, unable to attend a hearing, or are excused from such attendance.

(5) Issue commissions for the examination of documents, books, records, papers, electronic and other data, and things outside this state.

(6) Administer oaths and receive sworn or unsworn testimony or other proofs at public or nonpublic hearings.

(7) Request and obtain criminal history record information on any person applying for public housing as provided for by R.S. 15:587(F).

B. A local Housing Choice Voucher agency, acting through its director or his designee, may request and obtain criminal history record information on any person applying for a voucher under Housing Choice Voucher programs.

Acts 1997, No. 1188, §1; Acts 2003, No. 1083, §2, eff. July 2, 2003.
La. Rev. Stat. § 40:431 — LA Code / Code revised-statutes / Title 40 / Section 431
General character of local housing authority powers
Status: in_force

A. A local housing authority shall possess all powers necessary, convenient, or desirable in carrying out the purposes of this Chapter, exercising any power provided herein, and engaging in any activity related to furthering the purposes of this Chapter. Such powers shall include but shall not expressly be limited to the powers enumerated in this Section or stated elsewhere in this Chapter or in other applicable law.

B. The powers enumerated in this Chapter may be exercised singly or in any combination. The enumeration of any power shall not require, expressly or by implication, that any local housing authority shall be required to exercise such power.

C. In addition to any other express, constructive, or implied powers existing under applicable law, a local housing authority shall have powers, which may be exercised singly or in any combination. The enumeration of such powers shall not be construed to limit the powers of any local housing authority to the powers so enumerated. Those powers are to:

(1) Have perpetual existence unless terminated by proper authority as provided by law.

(2) Sue and, subject to the limitations, privileges, and immunities provided by applicable law, be sued.

(3) Adopt a seal and to alter such seal from time to time.

(4) Adopt, amend, repeal, and restate bylaws.

(5) Adopt and enforce rules and regulations related to carrying out the purposes of the local housing authority and exercising its powers and to amend or repeal such regulations from time to time.

(6) Enter into, execute, and perform contracts, instruments, and agreements of every kind and description, within or without its area of operation except where otherwise expressly provided, in furtherance of the purposes of this Chapter and in connection with the exercise of any of its powers.

(7) Issue bonds and other debt instruments as provided in R.S. 40:470 and secure the repayment of such bonds and debt instruments by granting security interests in any or all of the local housing authority's real and personal property.

(8) Guarantee any indebtedness or performance of any affiliate or third party in furtherance of the purposes of this Chapter.

(9) Enter into and perform interagency and intergovernmental agreements of every kind and description and act in consortium with, as agent or manager for, or pursuant to agreement or contract with, other local housing authorities and any and all state, federal, and local public agencies to carry out the purposes of this Chapter and exercise any of its powers.

(10) Form and operate nonprofit corporations and other affiliates of every kind and description, which may be wholly or partially owned or controlled by the authority, for carrying out the purposes of this Chapter and in connection with the exercise of any of the powers of a local housing authority.

(11) Enter into arrangements of every kind and description in furtherance of the purposes of this Chapter and in connection with the exercise of any of its powers of a local housing authority.

(12) However, no local housing authority shall exercise any power or authority relative to the issuance of bonds or other debt instruments without prior approval of the State Bond Commission.

D. Such arrangements may include but shall not be limited to arrangements with individual persons, general and limited partnerships; joint ventures; syndicates and syndications; corporations; limited liability companies, corporations, and partnerships; unincorporated associations; cooperatives; consortia; and any and all other forms of structures, arrangements, and organizations.

E. A local housing authority may participate as a general or limited partner, co-venturer, shareholder, or otherwise as a principal, an investor, a lender, a guarantor, a contracting party, or in any other manner, all upon such terms and conditions and with such rights and obligations as the governing board of the local housing authority shall, from time to time, in its discretion determine to be appropriate.

F. With respect to the forms and characteristics of arrangements, local housing authorities shall have, consistent with the limitations upon their powers set forth below and as otherwise imposed in this Chapter, the same discretion, authority, and flexibility as would be possessed by a private person or entity performing the same function.

G. Consistent with the limitations upon their powers set forth in R.S. 40:482, local housing authorities may participate in cooperative arrangements with persons and for profit entities whose purpose is solely that of pecuniary gain, as well as with nonprofit entities and persons who seek no pecuniary gain. The participation of a local housing authority in any arrangement with other persons or entities, including for-profit persons and entities, shall not cause any activity engaged in by the authority to be characterized as proprietary nor deprive the authority of any privilege or immunity otherwise existing under law.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2120.66 — LA Code / Code revised-statutes / Title 40 / Section 2120.66
PACE provider restrictions
Status: in_force

A. A PACE provider may provide all of the following services to approved PACE enrollees:

(1) Home- and community-based services, as defined in R.S. 40:2120.1 et seq., if the PACE provider is in compliance with state licensing laws, rules, and regulations for home- and community-based services providers, unless otherwise exempted pursuant to promulgated PACE provider licensing regulations.

(2) Adult day healthcare facility services, as defined in R.S. 40:2120.41 et seq., if the PACE provider is in compliance with federal and state licensing laws, rules, and regulations for adult day healthcare facility services, unless otherwise exempted pursuant to promulgated PACE provider licensing regulations.

(3) Home health agency services, as defined in R.S. 40:2116.31 et seq., if the PACE provider is in compliance with federal and state licensing laws, rules, and regulations governing home health agencies, unless otherwise exempted pursuant to the promulgated PACE provider licensing regulations.

B. A PACE organization which has been issued a PACE provider license by the department shall not be required to obtain a separate home- and community-based service provider license, a separate adult day healthcare facility license, or a separate home health agency license in order to provide such services to approved PACE enrollees.

C. A PACE provider may contract with any of the following:

(1) A Louisiana-licensed and certified hospital, nursing facility, or hospice agency to arrange or provide hospital, nursing facility, or hospice services to an approved PACE enrollee.

(2) Other licensed or certified medical or healthcare providers or professionals to provide approved PACE services to an approved PACE enrollee.

D. A PACE provider shall ensure that all services provided to or arranged for a PACE enrollee are provided by either of the following:

(1) Individuals who are licensed by, and in good standing with, the appropriate licensing board in this state and who are practicing within the licensed scope of practice.

(2) Individuals who are certified by, and in good standing with, the appropriate board, authority, or agency in this state and who are acting within the scope of practice or certification.

E. A PACE provider shall not serve any person who is not an approved PACE enrollee.

Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:1189.7 — LA Code / Code revised-statutes / Title 40 / Section 1189.7
Authorized activities concerning health care providers and public rural hospitals
Status: in_force

A. Notwithstanding any law to the contrary, a public rural hospital may employ a health care provider on a part-time basis. As used in this Subsection, "part-time basis" means twenty or fewer hours of work per calendar week.

B. Notwithstanding any law to the contrary, a public rural hospital may lease, at fair market value, a portion or all of a facility or equipment to a health care provider employed by the hospital on a part-time basis for the provision of health care services and a health care provider employed on a part-time basis by a public rural hospital may lease, at fair market value, a portion or all of a facility or equipment to the hospital for the provision of health care services.

Acts 2007, No. 224, §1, eff. July 2, 2007; Redesignated from R.S. 40:1300.147 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1749.22 — LA Code / Code revised-statutes / Title 40 / Section 1749.22
Preemption
Status: in_force

Except as provided in this Part, no parish, municipal, local, or state governing authority may enact any ordinance or promulgate any rules or regulations which are in conflict with the provisions of this Part.

Acts 1988, No. 923, §1; Acts 2019, No. 344, §1.
La. Rev. Stat. § 40:61.1 — LA Code / Code revised-statutes / Title 40 / Section 61.1
Criminal background investigation
Status: in_force

A. The legislature hereby finds and declares that:

(1) It is the public policy of this state to protect all vital records from improper handling, disclosure, and falsification.

(2) The alteration and falsification of vital records may contribute to and foster the violation of certain illegal activities.

(3) It is in the public interest to ensure the security and integrity of all vital records in this state.

B. No person shall be hired or promoted in the division of records and statistics, office of public health, Louisiana Department of Health, until it is determined whether such person has been convicted or pled nolo contendere to a crime as defined by R.S. 14:7.

C. The Louisiana Department of Health through the division of records and statistics, office of public health, and the Louisiana Bureau of Criminal Identification and Information in the Department of Public Safety and Corrections shall establish procedures necessary to implement the requirements of this Section, which procedures shall provide the following:

(1) That the division of records and statistics shall receive a copy of any criminal history information disclosed by the investigation.

(2) That the costs of providing the information required in this Section shall be borne by the individual applicant in the case of persons seeking new employment.

(3) That the request for information shall be made on a form prepared by the Louisiana Bureau of Criminal Identification and Information and signed by a designated officer of the Louisiana Department of Health. It must include a statement signed by the person about whom the request is made which gives his permission for such information to be released.

(4) That, upon receiving a request meeting the requirements of R.S. 40:61.1(C)(3), the bureau shall provide a report promptly and in writing, but provide only such information as is necessary to specify whether or not that person has been convicted of or pled nolo contendere to any such crime or crimes as defined by R.S. 14:7, the crime or crimes therein of which he has been convicted or to which he has pled nolo contendere, and the date or dates on which they occurred.

(5) That division employees seeking promotion as well as persons seeking employment in the division shall submit to a criminal investigation and may be required to be fingerprinted to establish positive identification.

D.(1) Any division employee who has been convicted or pled nolo contendere to a crime as defined by R.S. 14:7 may be subject to a personnel or disciplinary action, including but not limited to transfer to an area outside of the division or termination in accordance with civil service rules.

(2) Any person seeking employment in the division may be denied such employment if such person has been convicted or pled nolo contendere to a crime as defined by R.S. 14:7.

(3) Any division employee seeking promotion who refuses to submit to a record check, including fingerprinting, may be subject to a personnel or disciplinary action, including but not limited to transfer to an area outside of the division or termination in accordance with civil service rules.

Acts 1988, No. 699, §1.
La. Rev. Stat. § 40:2834 — LA Code / Code revised-statutes / Title 40 / Section 2834
Injunctive relief
Status: in_force

A.(1) If the department or state health officer finds that a person has violated, is violating, or threatening to violate this Chapter and that the violation or threat of violations creates an immediate threat to the health and safety of the public, the department or state health officer may petition the district court for a temporary restraining order to restrain the violation or threat of violation.

(2) If a person has violated, is violating, or threatening to violate this Chapter, the department or state health officer may, after sending notice of said alleged violation to the alleged violator via certified mail and the lapse of ten days following receipt of the notice by the alleged violator, petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation.

B. On application for injunctive relief and a finding that a person is violating or threatening to violate this Chapter, the district court may grant any injunctive relief warranted by the facts.

C. Venue for a suit brought under this Section shall be in the parish in which the violation is alleged to have occurred.

Acts 1999, No. 393, §1.
La. Rev. Stat. § 40:421 — LA Code / Code revised-statutes / Title 40 / Section 421
Decreasing area of operation; conversion to parish or municipal authority
Status: in_force

A. The area of operation of a regional or consolidated housing authority shall be decreased from time to time to exclude one or more parishes or municipalities if the governing body of each of the parishes or municipalities in the area and the commissioners of the regional or consolidated housing authority each adopt a resolution declaring that there is a need for excluding the parish or municipality from the area.

B. If this action decreases the area of operation of the regional or consolidated housing authority to only one parish or municipality, regardless of its population, the authority shall thereupon become a housing authority for that parish or municipality. Such an authority has the same powers, duties and functions of a regular parish or municipal authority and is subject to all the provisions of this Part applicable thereto.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:445 — LA Code / Code revised-statutes / Title 40 / Section 445
Mortgaging, pledging, encumbering property and assets
Status: in_force

A. A local housing authority may mortgage, encumber, pledge, convey by trust deed or deed to secure debt, assign, or otherwise grant or consent to a lien or other security interest in, any real or personal property, or any interest therein, owned or held by the authority or in which the authority may hold an interest; take any and all actions to provide security for the repayment of borrowed funds, or to secure any guarantee of such repayment or any other performance by the authority, or to secure any payment, guarantee, or performance of any affiliate of the authority or of any arrangement into which the authority shall have entered in furtherance of the purposes of this Chapter. Any such action shall be upon such terms and conditions as the authority shall in its discretion from time to time determine.

B. The terms and conditions of any mortgage or other instrument granting or consenting to a security interest in property of a local housing authority may include any and all provisions that are deemed necessary by the authority. Such terms and conditions may, among other things, contain a power of sale or right of foreclosure in the event of nonpayment of other default thereunder; notwithstanding the foregoing, no guarantee of indebtedness or security interest given by a local housing authority in connection with acquiring or modernizing any development shall unreasonably jeopardize the financial well-being of the authority as a whole, or unreasonably expose to foreclosure, levy, or other loss any property of the authority other than the development acquired or modernized with funds derived from the indebtedness that is so guaranteed or secured.

C. The authority shall not provide a guarantee that is backed by the full faith and credit of the authority or its assets in general.

D. All actions taken by a local housing authority authorized in this Section shall be consistent with the requirements of R.S. 40:489 and shall comply with the requirements of R.S. 40:488, where such requirements are applicable.

Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:700.7 — LA Code / Code revised-statutes / Title 40 / Section 700.7
Surety bond
Status: in_force

A. Every dealer permitted pursuant to the provisions of this Subpart shall maintain with the secretary of the Louisiana Department of Health a surety bond in the amount of ten thousand dollars. Each bond shall be issued by a surety authorized to do business in Louisiana, and shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the dealer's violation of law or breach of contract. Recovery hereunder shall in no event exceed the amount of the bond.

B. In lieu of the bond required by Subsection A of this Section, a dealer may deposit with the secretary of the Louisiana Department of Health a certificate of deposit issued by a financial institution doing business in this state and insured by the Federal Deposit Insurance Corporation, and pledge it to the state of Louisiana for the benefit of any customer who suffers any damage or loss as a result of the dealer's violation of law or breach of contract. The certificate shall be in the amount of the bond required under Subsection A of this Section. Any interest from the certificate of deposit shall be payable to the dealer. If the state or a customer obtains a final judgment against the dealer which must be satisfied from the proceeds of the certificate of deposit, any penalty arising from premature payment of the certificate of deposit shall be paid by the dealer and not subtracted from the face amount of the pledged certificate.

C. The state or any person claiming against the bond may maintain an action for damages or other relief against the principal or the surety, or both. The liability of the surety for all breaches of the conditions of the bond provided herein shall in no event exceed the amount of the bond.

D. The dealer shall file any bond required of him with the secretary before doing any business in this state, including advertising or soliciting.

E. The term of a bond required by this Section shall be continuous. The surety on the bond may terminate the bond upon giving a sixty-day written notice to the secretary and the principal; however, the liability of the surety for the acts of the principal shall continue during the sixty-day period. The notice shall not release the surety from liability which accrues before the termination becomes final, but which is discovered after that date.

Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:46.7 — LA Code / Code revised-statutes / Title 40 / Section 46.7
Change of paternal filiation; formal acknowledgment alone
Status: in_force

A. In a case to which Civil Code Article 196 applies, the state registrar, upon receipt of (i) a certified copy of the act of formal acknowledgment and (ii) if the mother did not sign the act of acknowledgment, her affidavit that she concurs in this formal acknowledgment, shall amend the birth certificate as follows:

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

(2) Additions:

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

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

B. If, after a birth certificate has been amended pursuant to Subsection A of this Section, the man who made the formal acknowledgment should revoke or annul it, the state registrar, upon receipt of the form described in R.S. 9:406(A)(1)(a) or a final and definitive judgment recognizing that a revocation or annulment has been accomplished, shall amend the birth certificate as follows: strike through any information that was added to the birth certificate and restore any information that was struck through when it was amended.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1253.1 — LA Code / Code revised-statutes / Title 40 / Section 1253.1
Legislative intent
Status: in_force

A. It is in the best interest of the citizens of the state that the Legislature of Louisiana ensure that the Louisiana Medicaid program is operated in the most efficient and sustainable method possible. With the transition of over two-thirds of the Medicaid eligible population from a fee-for-service based program to a managed care organization based program, it is imperative that there is adequate reporting from the Louisiana Department of Health in order to ensure the following outcomes are being achieved:

(1) Improved care coordination with patient-centered medical homes for Medicaid recipients.

(2) Improved health outcomes and quality of care as measured by metrics, such as the Healthcare Effectiveness Data and Information Set (HEDIS).

(3) Increased emphasis on disease prevention and the early diagnosis and management of chronic conditions.

(4) Improved access to Medicaid services.

(5) Improved accountability with a decrease in fraud, abuse, and wasteful spending.

(6) A more financially sustainable Medicaid program.

B. It is in the best interest of the citizens of the state that the Legislature of Louisiana ensures that the Louisiana Medicaid program, as it relates to recipients with severe mental illness, is operated in the most efficient and sustainable method possible. The transition of the services of the office of behavioral health within the Louisiana Department of Health to a managed care system in which a single statewide management organization operates as a single point of entry to behavioral health services requires adequate reporting from the Louisiana Department of Health in order to ensure the following outcomes are being achieved:

(1) Implementation of a Coordinated System of Care for youth and their families or caregivers that utilizes a family and youth driven practice model, provision of wraparound facilitation by child and family teams, family and youth supports, and overall management of these services by the statewide management organization.

(2) Improved access, quality, and efficiency of behavioral health services for children not eligible for the Coordinated System of Care and for adults with severe mental illness and addictive disorders, through management of these services by the statewide management organization.

(3) Smooth and efficient transition of behavioral health service delivery and operations from a regional based approach coordinated through the office of behavioral health within the Louisiana Department of Health to the use of human service districts or local government entities.

(4) Seamless coordination of behavioral health services with the comprehensive healthcare system without losing attention to the special skills of the behavioral health professionals.

(5) Advancement of a resiliency, recovery, and consumer-focused system of person-centered care.

(6) Implementation of best practices and evidence-based practices that are effective and efficient and are supported by the data collected from measuring outcomes, quality, and accountability.

(7) The efficient and effective use of state general funds in order to maximize federal funding of behavioral services provided by the Medicaid program.

Acts 2013, No. 212, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1300.361 by HCR 84 of 2015 R.S.; Acts 2015, No. 158, §1, eff. June 23, 2015.
La. Rev. Stat. § 40:1379.1.6 — LA Code / Code revised-statutes / Title 40 / Section 1379.1.6
Tactical medical professionals
Status: in_force

A. As used in this Section, "tactical medical professional" means a licensed paramedic or physician as defined in R.S. 37:1262, who is employed or contracted by a law enforcement agency to provide direct support to a tactical law enforcement unit by providing medical services at high-risk incidents, including but not limited to hostage incidents, narcotics raids, hazardous surveillance, sniper incidents, armed suicidal persons, barricaded suspects, high-risk felony warrant services, fugitives refusing to surrender, and active shooter incidents.

B. While actively operating in direct support of a tactical operation by a tactical law enforcement unit, a tactical medical professional may carry a firearm in the same manner as a law enforcement officer at any place a tactical law enforcement operation occurs if all of the following conditions are met:

(1) The tactical medical professional is lawfully able to possess firearms and has an active concealed weapons permit issued pursuant to R.S. 40:1379.3.

(2) The tactical medical professional is appointed to a tactical law enforcement unit of a law enforcement agency by the head of the law enforcement agency.

(3) The law enforcement agency has an established policy providing for the appointment, training, and deployment of the tactical medical professional.

(4) The tactical medical professional has successfully completed firearm safety training and tactical training as established or designated by the appointing law enforcement agency.

(5) The law enforcement agency provides, and the tactical medical professional participates in, annual firearm training and tactical training.

C. While actively operating in direct support of a tactical operation by a tactical law enforcement unit, a tactical medical professional:

(1) Has no duty to retreat and is justified in the use of any force which he reasonably believes is necessary to defend himself or another from bodily harm.

(2) Has the same immunities and privileges as a law enforcement officer in any civil or criminal action arising out of a tactical law enforcement unit operation when acting within the scope of his official duties.

D. The provisions of this Section shall not be construed to authorize a tactical medical professional to carry, transport, or store any firearm or ammunition on any fire apparatus or EMS vehicle.

E. The appointing law enforcement agency shall issue any firearm or ammunition that the tactical medical professional carries in accordance with this Section.

Acts 2025, No. 336, §1.
La. Rev. Stat. § 40:1227.7 — LA Code / Code revised-statutes / Title 40 / Section 1227.7
Remote monitoring equipment and network requirements
Status: in_force

Any telehealth equipment and network used for remote patient monitoring services shall meet all of the following requirements:

(1) Compliance with applicable standards of the United States Food and Drug Administration.

(2) Maintenance of telehealth equipment in good repair and free from safety hazards.

(3) Installation of only new or sanitized equipment in the patient's home setting.

(4) Availability of technical and clinical support services for the patient user.

Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:952 — LA Code / Code revised-statutes / Title 40 / Section 952
Caustic alkali and other poisons; label on container; penalty
Status: in_force

A. Every container containing a caustic alkali or any other substance poisonous to the human system or to animals shall bear a label on which is printed or stamped in red ink the word "poison" and also shall have printed thereon the skull and crossbones.

B. The label on any container containing a caustic alkali shall have printed on it, in red ink, the antidote for the caustic alkali, in order that first aid may be given in case of poisoning thereby.

C. Whoever violates this Section shall be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both.

D. Nothing in this Section shall apply to the containers of a caustic alkali and other poisons being used or to be used for industrial purposes only or used in the transportation of a caustic alkali and other poisons for industrial purposes only.

E. The labeling on any container containing amyl nitrite, isopentyl nitrite or any of their isomers, or butyl nitrite, n-butyl nitrite, isobutyl nitrite or any of their isomers shall have printed on it, in red ink, the word, "poison" and also shall have printed, thereon, the skull and crossbones unless labeled for prescription drug use, except where such container containing amyl nitrite is labeled in accordance with labeling requirements of the Federal Food, Drug and Cosmetic Law.

Amended by Acts 1968, No. 339, §2, eff. Feb. 1, 1969; Acts 1978, No. 140, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:791 — LA Code / Code revised-statutes / Title 40 / Section 791
Shortage of ingredients; procedure for suspending Subpart
Status: in_force

A. Upon making a finding that there is an existing or imminent shortage of any ingredient required by R.S. 40:785 and R.S. 40:787, with the result that the sale and distribution of flour and bread may be substantially impeded by the enforcement of this Subpart, the department shall issue an order, effective immediately, permitting the omission of the particular ingredients from flour or bread. When it finds that the shortage no longer exists, it shall issue an order, effective not less than ten days after publication, revoking its first order.

B. The department may make a finding as to the existence or imminence of any such shortage or the cessation thereof in either of the following two ways:

(1) On the basis of an order of or factual information supplied by the Federal Food and Drug Administration or any other federal agency possessed of such information, without a public hearing; or

(2) In the absence of any such order or factual information, after a public hearing, called and held in the following manner. Upon receipt of the sworn statement of any person subject to this Subpart that such a shortage exists or is imminent or has ceased, the department shall, within ten days thereafter and after at least ten days notice, hold a public hearing on the matter. Any interested person may present evidence at this hearing in support of the affidavit and any such finding by the department may be based upon the evidence so presented.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2117.4 — LA Code / Code revised-statutes / Title 40 / Section 2117.4
Minimum standards, rules, and regulations
Status: in_force

The department shall promulgate minimum standards, rules, and regulations governing end stage renal disease facilities in accordance with the Administrative Procedure Act, including but not limited to standards, requirements, policies, and procedures for the following:

(1) Maintenance of the quality of care and of the health, safety, and well-being of patients, including but not limited to:

(a) Patient rights.

(b) Provision and coordination of treatment and services.

(c) Referrals for appropriate services.

(d) Quality care requirements as determined by current acceptable standards of practice.

(2) Operational capability and compliance, including but not limited to the following:

(a) Data and information management.

(b) Written policy and procedure.

(c) Current standards of administration practice.

(3) Qualifications and responsibilities of facility personnel.

(4) Applications for initial and renewal licenses.

(5) On-site surveys for licensure.

(6) Monitoring of facilities.

(7) Denial, nonrenewal, and revocation of licenses, and administrative appeals therefrom.

(8) Civil fines for violations and administrative appeals therefrom.

(9) Requirements for physical plant design and space and other procedures related to dialysis.

Acts 1999, No. 650, §1, eff. July 1, 1999.
La. Rev. Stat. § 40:4.2 — LA Code / Code revised-statutes / Title 40 / Section 4.2
Jambalaya; preparation in traditional manner
Status: in_force

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare jambalaya in the traditional manner for public consumption, including the use of iron pots, wood fires, and preparation in the open for service to the public at public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Added by Acts 1977, No. 166, §1.
La. Rev. Stat. § 40:1730.49 — LA Code / Code revised-statutes / Title 40 / Section 1730.49
Louisiana major facility project; energy efficiency and conservation; requirements
Status: in_force

A. The office of facility planning and control of the division of administration shall adopt rules and regulations which:

(1) Optimize the energy performance of state-funded buildings throughout the state.

(2) Increase the demand for building and construction materials, finishes, furnishings, and other products made in or incorporating materials produced in Louisiana.

(3) Improve environmental quality in this state by decreasing the discharge of pollutants from state-funded buildings and their manufacture.

(4) Conserve energy and utilize local and renewable energy sources.

(5) Protect and restore this state's natural resources by avoiding development of inappropriate state-funded building sites.

(6) Reduce the burden on public water supply and treatment by reducing potable water consumption.

(7) Establish life cycle assessment as the appropriate and most efficient analysis to determine a state-funded building project's environmental performance level.

(8) Encourage obtaining ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence.

B. Each major facility project must be designed, constructed, and certified to exceed the requirements of the state energy code by at least thirty percent where it is determined by the office of facility planning and control that such thirty percent efficiency is cost effective based on a life cycle cost analysis with a payback at no more than thirty years. Certification shall be performed by a professional engineer using IRS/DOE approved software methodology.

C. In order to achieve sustainable building standards, construction projects may utilize a nationally recognized high performance environmental building rating system, provided, however, that any such rating system that uses a material or product-based credit system which is disadvantageous to materials or products manufactured or produced in Louisiana shall not be utilized. The office of facility planning and control of the division of administration shall designate rating systems which meet these criteria and may establish its own rating system.

D. A certified third-party commissioning agent shall certify that the major facility project's systems for heating, ventilation, air conditioning, energy conservation, and water conservation are installed and working properly to ensure that each major facility project performs according to the major facility project's overall environmental design intent and operational objectives.

E.(1) For purposes of this Section, a major facility project shall mean either of the following:

(a) A facility greater than five thousand gross square feet.

(b) A state-funded renovation project which involves more than fifty percent of the replacement value of the facility or a change in occupancy.

(2) A major facility project shall not mean a building, regardless of size, which does not have conditioned space as defined by the International Energy Conservation Code, published by the International Code Council, as adopted by the council pursuant to R.S. 40:1730.28.

Acts 2007, No. 270, §1, eff. July 6, 2007; Acts 2022, No. 635, §1.
La. Rev. Stat. § 40:1666.6 — LA Code / Code revised-statutes / Title 40 / Section 1666.6
Compensation; expenses
Status: in_force

The members of the board shall receive per diem in the amount of fifty dollars per day and shall be reimbursed for actual mileage in attending to official business. The per diem and the reimbursement of mileage expenses shall be made by the Department of Public Safety and Corrections and shall be payable out of the special fund provided in R.S. 40:1666.2, provided, however, that no such expense shall be payable unless a residual remains in the special fund after payment of all amounts due as extra compensation under the provisions of R.S. 40:1666.1.

Acts 1967, No. 82, §3. Amended by Acts 1972, No. 21, §1; Acts 1973, No. 159, §1; Acts 1974, No. 318, §1; Acts 1975, No. 768, §1; Acts 1985, No. 990, §1; Redesignated from R.S. 33:2007. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 298, §1, eff. July 1, 2023.
La. Rev. Stat. § 40:600.74 — LA Code / Code revised-statutes / Title 40 / Section 600.74
Sources
Status: in_force

Housing counseling assistance may be provided through private nonprofit organizations certified through the Louisiana Housing Corporation.

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

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be effective on July 1, 2010.
La. Rev. Stat. § 40:1157.1 — LA Code / Code revised-statutes / Title 40 / Section 1157.1
Consent to medical treatment; methods of obtaining consent
Status: in_force

A. Notwithstanding any other law to the contrary, written consent to medical treatment means the voluntary permission of a patient, through signature, marking, or affirmative action through electronic means pursuant to R.S. 40:1163.1, to any medical or surgical procedure or course of procedures which sets forth in general terms the nature and purpose of the procedure or procedures, together with the known risks, if any, of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, of disfiguring scars associated with such procedure or procedures; acknowledges that such disclosure of information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner; and is evidenced by a signature, marking, or affirmative action through electronic means, by the patient for whom the procedure is to be performed, or if the patient for any reason lacks legal capacity to consent, by a person who has legal authority to consent on behalf of such patient in such circumstances. Such consent shall be presumed to be valid and effective, in the absence of proof that execution of the consent was induced by misrepresentation of material facts.

B. Except as provided in Subsection A of this Section, no evidence shall be admissible to modify or limit the authorization for performance of the procedure or procedures set forth in such consent.

C. Where consent to medical treatment from a patient, or from a person authorized by law to consent to medical treatment for such patient, is secured other than in accordance with Subsection A of this Section, the explanation to the patient or to the person consenting for such patient shall include the matters set forth in Subsection A of this Section, and an opportunity shall be afforded for asking questions concerning the procedures to be performed which shall be answered in a satisfactory manner. Such consent shall be valid and effective and is subject to proof according to the rules of evidence in ordinary cases.

D. In a suit against a physician or other health care provider involving a health care liability or medical malpractice claim which is based on the failure of the physician or other health care provider to disclose or adequately to disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or other health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold consent.

E. Consent to medical treatment may be evidenced according to the provisions of Subsections A and C of this Section or, as an alternative, a physician or other health care provider may choose to avail himself of the lists established by the Louisiana Medical Disclosure Panel pursuant to the provisions of R.S. 40:1157.2 as another method by which to evidence a patient's consent to medical treatment.

F. Notwithstanding the provisions of Subsection E of this Section, consent for dental treatment rendered by dentists not performing oral and maxillofacial surgery in a hospital setting shall be governed exclusively by the provisions of R.S. 40:1161.1.

Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.39.5 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1057.4 — LA Code / Code revised-statutes / Title 40 / Section 1057.4
Prohibited acts
Status: in_force

The following acts and the causing thereof are hereby prohibited:

(1) The introduction or delivery for introduction into commerce of any misbranded hazardous aerosol or banned hazardous aerosol.

(2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous aerosol if such act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the aerosol being a misbranded hazardous aerosol or a banned hazardous aerosol.

(3) The receipt in commerce of any misbranded hazardous aerosol or banned hazardous aerosol and the delivery or proffered delivery thereof for pay or otherwise.

(4) The giving of a guarantee or undertaking referred to in R.S. 40:1057.5(B)(b) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous substance.

(5) The use by any person to his own advantage, or revealing other than to the secretary or officers or employees of the department or to the courts when relevant in any judicial proceeding under this Part, of any information acquired concerning any method or process which as a trade secret is entitled to protection.

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. § 40:989 — LA Code / Code revised-statutes / Title 40 / Section 989
Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penalties
Status: in_force

A.(1) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, gas, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.

(2) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, gas, or chemical which contains nitrous oxide, commonly known as "laughing gas", and any amyl nitrite, commonly known as "poppers" or "snappers".

B. The provisions of Subsection A of this Section shall not apply to any of the following:

(1) The possession and use of these substances by a person who is at least twenty-one years of age when prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner.

(2) The possession and use of these substances as part of a manufacturing process or industrial operation by a manufacturer or a person who is at least twenty-one years of age and employed by the manufacturer.

(3) The possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant or food service.

(4) The possession, use, or sale of houseware products by a person at least twenty-one years of age.

(5) The possession, use, or sale of nitrous oxide for automotive purposes by a person at least twenty-one years of age.

C. The presence of additional flavoring in a substance or labeling on any part of a container of the substance referring to the contents being flavored shall create a rebuttable presumption against the exceptions described in Subsection B of this Section.

D. It shall be unlawful for any person, entity, business, or corporation, including an online retailer, to produce, manufacture, possess, buy, sell, or otherwise transfer any substance specified in Subsection A of this Section or otherwise violate the provisions of Subsection A of this Section.

E.(1) Whoever violates the provisions of Subsection A of this Section shall be fined not more than two thousand five hundred dollars or imprisoned with or without hard labor for not more than one year, or both.

(2)(a) Whoever violates the provisions of Subsection D of this Section shall be fined not more than twenty-five thousand dollars or imprisoned with or without hard labor for not more than one year, or both.

(b) Any person, entity, business, or corporation that violates the provisions of Subsection D of this Section and possesses a certificate, permit, or license issued by the commissioner of alcohol and tobacco control in the Department of Revenue shall have its certificate, permit, or license suspended for thirty days upon the first violation. The certificate, permit, or license shall be revoked upon a second violation.

F. Any person who violates any of the provisions of this Section may, in the discretion of the trial judge, be required to participate in an approved drug rehabilitation program as a condition of probation.

G.(1) The office of alcohol and tobacco control may conduct any investigation as necessary to regulate and enforce the provisions of this Section.

(2) The provisions of this Subsection shall not prohibit a law enforcement agency of the state or its political subdivisions with appropriate jurisdiction from enforcing the provisions of this Section.

H. The office of alcohol and tobacco control shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the regulation and enforcement of this Section.

Acts 1988, No. 777, §1, eff. July 18, 1988; Acts 1992, No. 933, §1, eff. July 9, 1992; Acts 1993, No. 500, §1; Acts 2024, No. 248, §1; Acts 2025, No. 106, §1.
La. Rev. Stat. § 40:1737 — LA Code / Code revised-statutes / Title 40 / Section 1737
Violations; enforcement by fire marshal
Status: in_force

NOTE: Subsection A eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

A. In cases of practical difficulty or unnecessary hardship, the state fire marshal may, after consultation with Louisiana Rehabilitation Services, grant exceptions from the literal requirements of the standards and specifications required by this Part or permit the use of other methods or materials. Unless a written exception is granted by the fire marshal, any unauthorized deviation from ADA Standards shall be rectified by full compliance within ninety days after discovery of the deviation and delivery of a copy of the order requiring remedying of the deviation to the occupant or any person in charge of the premises personally or by registered or certified mail. If no person is found on the premises, the order may be served by affixing a copy thereof in a conspicuous place on the door at the entrance of the premises.

NOTE: Subsection A eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

A. In cases of practical difficulty or unnecessary hardship, the state fire marshal may, after consultation with Louisiana Rehabilitation Services, grant exceptions from the literal requirements of the standards and specifications required by this Part or permit the use of other methods or materials. Unless a written exception is granted by the fire marshal, any unauthorized deviation from International Building Code Chapter 11-Accessibility shall be rectified by full compliance within ninety days after discovery of the deviation and delivery of a copy of the order requiring remedying of the deviation to the occupant or any person in charge of the premises personally or by registered or certified mail. If no person is found on the premises, the order may be served by affixing a copy thereof in a conspicuous place on the door at the entrance of the premises.

B. The fire marshal may grant an extension not to exceed sixty days in cases of practical difficulty or unnecessary hardship prior to imposing fines pursuant to R.S. 40:1740.

Added by Acts 1977, No. 625, §1; Acts 1985, No. 804, §1, eff. July 22, 1985; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1; Acts 2024, No. 534, §1, eff. July 1, 2026 .
La. Rev. Stat. § 40:2101 — LA Code / Code revised-statutes / Title 40 / Section 2101
Purpose
Status: in_force

The purpose of this Part is to provide for the protection of the public health through the development, establishment, and enforcement of standards for the care of individuals in hospitals; and for the construction, maintenance, and operation of hospitals which, in light of advancing knowledge, will promote safe and adequate treatment of such individuals in hospitals; and for regulating the operation and maintenance of hospitals in Louisiana.

Added by Acts 1961, No. 90, §1.
La. Rev. Stat. § 40:853 — LA Code / Code revised-statutes / Title 40 / Section 853
Penalty
Status: in_force

Whoever violates any provision of this Subpart shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:671 — LA Code / Code revised-statutes / Title 40 / Section 671
Washing prohibited; penalty
Status: in_force

A. No one shall wash any articles of food intended for human consumption in any body of water on the right of way of any public highway or road, or in any water anywhere except running water.

B. Whoever violates the provisions of this Section shall be fined not more than five dollars or imprisoned for not more than five days.

Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:455 — LA Code / Code revised-statutes / Title 40 / Section 455
Management contracts
Status: in_force

A local housing authority may:

(1) Operate and manage housing developments owned or controlled by other housing authorities or public agencies, or other persons or entities, whether private or public and whether nonprofit or for-profit, if the authority determines that such action will further the purposes of this Chapter.

(2) Permit and provide for the operation and management of any development in which the authority holds an interest by a person or entity other than the authority, whether public or private and whether nonprofit or for-profit.

(3) Administer any program of, or provide services or assistance on behalf of, another housing authority or other public agency.

(4) Permit and provide for the management or administration of any of the authority's programs, assistance, or services by another housing authority or other public agency, or by any other person or entity, whether public or private and whether nonprofit or for-profit.

(5) Enter into and perform contracts and agreements relating to any such management or administration upon such terms and conditions, and in exchange for such compensation, if any, as the authority deems appropriate.

Amended by Acts 1950, No. 401, §10; Acts 1956, No. 553, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1085.2 — LA Code / Code revised-statutes / Title 40 / Section 1085.2
Duty to report disease to local health officer
Status: in_force

Any physician, midwife, or other person licensed by the state to practice obstetrics or to assist at childbirth, or any physician who attends a child within two weeks after childbirth, shall within six hours after obtaining knowledge of the condition defined in R.S. 40:1085.1 report this condition, as directed by the Louisiana Department of Health, hereinafter referred to as the "department", to the local health officer at the residence of the mother.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 839, §1; Redesignated from R.S. 40:1102 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1578 — LA Code / Code revised-statutes / Title 40 / Section 1578
Compliance with order
Status: in_force

If no review is requested of or an appeal taken from an order of the fire marshal or an authorized representative, the order shall be complied with immediately, or within the period specified in the order, by the owner or occupant of the premises or building.

If an appeal is taken or a review petitioned for, pursuant to the provisions of R.S. 40:1577, the order, unless revoked, shall be complied with, as last modified, after it becomes final, either immediately or, if a time is specified, within the period specified in the order, or in the decision of the fire marshal, or in the decision of the court, as the case may be.
La. Rev. Stat. § 40:735 — LA Code / Code revised-statutes / Title 40 / Section 735
Source water monitoring
Status: in_force

A. If any source does not comply with the maximum contaminant levels required by the state or federal agency for the production of bottled water, the bottler must show by analysis that his treatment reduces the contaminant(s) below the maximum contaminant levels in the finished product. Approval of the source water product derived from a source other than a public water supply must be based upon a field inspection of the source and a review of information prepared by a professionally qualified hydrogeologist that shall demonstrate the integrity of the source and safety of the catchment operations and that shall include:

(1) An evaluation of the chemical, physical, microbiological, and radiological characteristics of the source.

(2) A report on the regional geology surrounding the site and the specific site geology. A description of the vertical and horizontal extent of the source aquifer using existing data; the information will be used to define the recharge area of the aquifer, or in the case of regional aquifers, the zone of influence of the subject source.

(3) A report detailing the development of the source, the method of construction including spring design, well installation, surface catchment and intake structures, and transmission facilities as appropriate.

(4) A watershed survey of the recharge area or zone of influence of subject source that identifies and evaluates actual and potential sources of contamination, and which shall be updated every three years, including any reported discharge that may affect the source.

(5) Based on the findings in Paragraph (4) of this Subsection, a plan for special monitoring of any significant contaminant source and for taking restrictive preventive or corrective measures as appropriate to protect the source water and the product water.

B. The plant operator shall be responsible for sampling and analysis of all approved sources for the contaminants specified in R.S. 40:733. Such monitoring shall be at least annually, except that analysis for microbiological contaminants shall be weekly if the source is other than a public water system.

C. Approved sources shall be monitored on a frequency of no less than once every four years for the contaminants listed in R.S. 40:740(B) or for which U. S. EPA under the Safe Drinking Water Act or the department requires source water monitoring.

D. Those systems using chlorination or chlorinated public water supplies shall also monitor for contaminants listed in R.S. 40:740(C). The definition of "source" as applied to R.S. 40:740(B) and (C) allows bottlers using public water supplies to take samples at the filler or from the source, all other bottlers being required to obtain samples from the groundwater source.

E. In lieu of source monitoring required by this Section, a plant operator using a public water system as its source may obtain and display a certificate from said system demonstrating that the public water system conducts the monitoring required by this Section.

F. In lieu of source water monitoring for any volatile organic contaminant covered by Subsections C and D of this Section that is confirmed to be present in the source water, the bottler may treat said source using granular activated carbon treatment or an equivalent treatment operated in accordance with good manufacturing practices as provided in 21 CFR 129.80.

G. The department may also exempt any water bottler from the monitoring requirements of Subsections C and D of this Section or reduce the frequency or scope of said source monitoring based on a showing satisfactory to the department that the source does not contain the compound(s) for which monitoring is required and is not vulnerable to contamination by the compound(s) because for surface water sources the compounds are not applied, manufactured, stored, disposed, or shipped upstream, and for groundwater sources, the compounds are not applied, manufactured, stored, disposed, or shipped in the groundwater recharge basin, or that a reliable indicator chemical may be monitored in lieu of said compound(s).

H. Where a bottled water plant operator, water dealer, or regulatory agency knows or has reason to believe that a contaminant not otherwise monitored is present in the source water because of a spill, release of a hazardous substance, or otherwise, and its presence would create a potential health hazard to consumers, the plant operator or water dealer upon receipt of such information shall monitor the source water for said contaminant.

I. Detection of contaminant in source monitoring required pursuant to R.S. 40:735 shall be followed immediately by a program of periodic monitoring to confirm the presence in the source water of said contaminant(s). If such listed unregulated contaminant(s) is confirmed to be present in the source water at a concentration that exceeds a published U.S. EPA health advisory, or a U.S. FDA or a department action level for drinking water, the plant operator or water dealer shall employ appropriate treatment techniques to remove or to reduce said contaminant in the product water below said concentration and shall employ a program of periodic monitoring for said contaminant in the source water until such time as said contaminant is not detectable in the source water.

J. The required source water monitoring shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory. Records of the required sampling and analyses shall be maintained on file at the plant for not less than five years and shall be available for official review upon request of the department.

Acts 1991, No. 623, §1.
La. Rev. Stat. § 40:592.1 — LA Code / Code revised-statutes / Title 40 / Section 592.1
Short title
Status: in_force

This Part may be referred to as the Urban Land-Banking Law.

Acts 1984, No. 571, §1.
La. Rev. Stat. § 40:739 — LA Code / Code revised-statutes / Title 40 / Section 739
Waiver of filtration and germicidal treatment
Status: in_force

A. A bottled water product may be granted a waiver from filtration and germicidal treatment by the department. A waiver shall be based on the bottler's demonstration to the department's satisfaction that, based on review of long term baseline microbiological monitoring data of the source and product, and consideration of the nature and extent of source monitoring, source protection, and bottling sanitation procedures instituted by the bottler, filtration and germicidal treatment are not necessary to assure that the product will consistently comply with the microbiological standards herein. A waiver may be granted and maintained only upon a demonstration of all of the following:

(1) That said bottled water product and source are in compliance with the Codex Alimentarius standard (CAC/AS 108) for natural mineral water, as amended, and the requirements of R.S. 40:733.

(2) That said bottled water product and source are in compliance with the code of hygienic practice for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 83/13A, as amended.

(3) That the bottler has submitted a basic hydrogeological survey of the source and an annual sanitary survey, both prepared by a professionally qualified hydrogeologist, demonstrating the integrity of the source, which sanitary survey shall include:

(a) Watershed surveillance consisting of an inspection of portions of the drainage area necessary to identify and evaluate actual and probable sources of contamination.

(b) Evaluation of source construction and protection and where appropriate, intake structures, and transmission facilities.

(c) Evaluation of finished water storage facilities.

(4) That continued compliance of the bottled water product and source with the Codex Alimentarius standards is demonstrated by an official testing performed once every two months by the authorities having jurisdiction, and by a weekly microbiological testing as described in the code of hygienic practices for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 85/13A, and by an annual inspection by an independent organization acceptable to the department demonstrating compliance with the code of hygienic practices for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 85/13A.

(5) That said bottled water product is bottled in an enclosed filling room/chamber that is under positive pressure of filtered purified air, and using facilities and good manufacturing practices that comply with the requirements of 21 CFR Part 129.

B. This exemption to the requirement for filtration and germicidal treatment for said bottled water product shall be renewed every year by the submission of an annual report establishing compliance with the microbiological standards described in 21 CFR Section 103.35 and the requirements of this Section pertaining to said water and source. Bottled water that is not in compliance with any of such requirements shall be subject to the requirement for filtration and germicidal treatment.

C. This exemption applies only to the requirement for filtration and germicidal treatment. All bottled water shall comply with all other provisions of this Part.

Acts 1991, No. 623, §1.
La. Rev. Stat. § 40:1644 — LA Code / Code revised-statutes / Title 40 / Section 1644
Cost
Status: in_force

A. No work shall begin until the plans and specifications have been submitted and reviewed by the state fire marshal's office as required by R.S. 40:1574.

B. There shall be a review charge assessed by the state fire marshal as detailed in R.S. 40:1574.1.

Acts 1988, No. 422, §2.
La. Rev. Stat. § 40:2242 — LA Code / Code revised-statutes / Title 40 / Section 2242
Participation in state health care delivery system required
Status: in_force

A. Any health care delivery system established by the state pursuant to a federal Medicaid waiver to provide health care to persons otherwise eligible for Medicaid and to indigent, uninsured, or underinsured persons shall recognize and include essential community providers as available and required in the health care delivery systems and networks including but not limited to referrals to specialists and health extenders.

B. Any basic benefits plan that may be established under a health maintenance organization, health insurance organization, or managed care organization that contracts with the state to provide or coordinate the provision of health care services to persons otherwise eligible for Medicaid and to indigent, uninsured, or underinsured persons shall include essential community providers as available and required as active medical and health professionals. However, the essential community provider shall agree to provide services that meet all the terms and requirements, including the same administrative, financial, licensure, and professional conditions which apply to health care providers which have been designated as providers in a network established by the basic benefits plan.

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

Acts 1995, No. 1187, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:1121.3 — LA Code / Code revised-statutes / Title 40 / Section 1121.3
Testing of donors of semen specimens; use of specimens; penalties
Status: in_force

A. No public or private health facility, agency, or physician which provides human artificial insemination services on an anonymous basis shall use fresh semen specimens. The provisions of this Section shall not be construed or interpreted in any way to prohibit the use of a wife's spouse's semen for artificial insemination purposes.

B. A health facility, agency, or physician which provides human artificial insemination services on an anonymous basis using frozen semen shall test each semen donor for the presence in the donor of HIV-1 antibodies, which have been associated with acquired immune deficiency syndrome (AIDS). The donated semen shall be stored and quarantined until the HIV-1 antibodies test and a second test six months from the date of donation are completed. A regular donor may be tested for the presence of HIV-1 antibodies on a regular basis, but shall be tested at least once every six months. A health facility, agency, or physician shall not accept or use for artificial insemination purposes:

(1) Any semen specimen, except that of a wife's spouse, from a donor who has not been subjected to an initial HIV-1 antibodies test which produced a negative result and subjected to a second test six months later which produced a negative result; or

(2) Any semen specimen from a donor whose first or subsequent HIV-1 antibodies test result is positive, unless a corroborative HIV-1 test provides evidence that the positive HIV-1 test result was a false positive reaction.

C. The results of the tests performed pursuant to this Section shall be released only to the subject of the test; the subject's treating physician; or the office of public health of the Louisiana Department of Health for the limited purpose of statistical summary and analysis.

D. The Louisiana Department of Health shall promulgate rules to implement the provisions of this Section.

E. A health facility, agency, or physician which violates any of the provisions of this Section shall be fined not more than two thousand dollars, and shall be liable for damages in a civil action.

Acts 1988, No. 680, §1; Redesignated from R.S. 40:1062.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1496.6 — LA Code / Code revised-statutes / Title 40 / Section 1496.6
St. Mary Parish Ward Four Fire Protection District
Status: in_force

Notwithstanding the provisions of R.S. 40:1495 and R.S. 40:1496, a board of commissioners of the St. Mary Parish Ward Four Fire Protection District is hereby created. The board of commissioners shall exercise and 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 compensation as provided by R.S. 40:1498. The board shall be composed of five members appointed by the governing authority of the parish of St. Mary, and each member shall be a resident and elector of Ward Four of St. Mary Parish. No member of the parish governing authority shall serve on the board. Members shall serve staggered terms as fixed by the governing authority of the parish of St. Mary. The governing authority shall determine the length of such terms for initial members and their successors. All funds of the St. Mary Parish Ward Four Fire Protection District shall be administered by the board.

Added by Acts 1983, No. 9, §1. Acts 1986, No. 295, §1.
La. Rev. Stat. § 40:1257.2 — LA Code / Code revised-statutes / Title 40 / Section 1257.2
Nonemergency medical transportation services
Status: in_force

A. The Medicaid program of this state shall include nonemergency medical transportation services, referred to hereafter in this Part as "NEMT services". The purpose of NEMT services shall be to provide nonemergency medical transportation to a Medicaid beneficiary after all other reasonable means of free transportation for that person have been explored and found to be unavailable. The Medicaid beneficiary or his representative shall confirm that the beneficiary has no other means of transportation.

B. Nonemergency medical transportation to or from a pharmacy, a nursing facility, hospice care, or an appointment for Special Supplemental Nutrition Program for Women, Infants, and Children services at an office of public health location is prohibited.

Acts 2022, No. 638, §1.
La. Rev. Stat. § 40:1632 — LA Code / Code revised-statutes / Title 40 / Section 1632
Inspection; seizure
Status: in_force

A. To enforce the provisions of this Act*, the attorney general, the Department of Revenue, the office of alcohol and tobacco control, and the state fire marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale is hereby directed and required to give the attorney general, the Department of Revenue, the office of alcohol and tobacco control, and the state fire marshal, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this Section.

B. The Department of Revenue, the office of alcohol and tobacco control, the attorney general, and the state fire marshal, or their duly authorized representatives, and other law enforcement personnel in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, may inspect cigarettes to determine if the cigarettes are marked as required by R.S. 40:1630.

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

*Acts 2007, No. 409
La. Rev. Stat. § 40:2175.4 — LA Code / Code revised-statutes / Title 40 / Section 2175.4
License required
Status: in_force

A. An outpatient abortion facility may not be established or operated in this state without an appropriate license issued under this Part.

NOTE: Subsection B eff. until conditions per Acts 2018, No. 498.

B. A license issued to an outpatient abortion facility is valid for only one location.

NOTE: Subsection B eff. upon conditions per Acts 2018, No. 498.

B. A license issued to an outpatient abortion facility is valid for only one location that shall be physically and financially separate from any facility where publicly funded medical assistance program services are provided, in accordance with R.S. 49:200.51.

C. A license issued to an outpatient abortion facility shall be valid for one year from the date of issuance, unless revoked prior to that date.

D. A license issued to an outpatient abortion facility is not transferable or assignable.

E. A license issued to an outpatient abortion facility shall be posted in a conspicuous place on the licensed premises.

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

Acts 2001, No. 391, §1; Acts 2018, No. 498, §2, See Act; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:533 — LA Code / Code revised-statutes / Title 40 / Section 533
Vacancies in local authorities
Status: in_force

Any vacancy in an unexpired term shall be filled for the remainder of the term. Vacancies shall be filled by the same authority and in the same manner as the original appointment.

Amended by Acts 1950, No. 401, §28; Acts 1952, No. 127, §15; Acts 1954, No. 80, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1133.6 — LA Code / Code revised-statutes / Title 40 / Section 1133.6
License; requirements; renewal
Status: in_force

A. Applicants for initial licensure as emergency medical services practitioners shall submit the following evidence to the bureau:

(1) Completion of the required approved educational program.

(2) Documentation that the applicant meets the qualifications and requirements as established by the bureau.

B. In lieu of the evidence required by Subsection A of this Section, an applicant may submit evidence that he has been duly licensed or certified in another state, territory, or country or has received military training and certification or license as emergency medical services practitioner as defined in R.S. 40:1131, and meets the qualifications and requirements established by the bureau.

C.(1) The license shall be renewed every two years provided the applicant seeking renewal completes the application and meets the requirements for renewal established by the bureau prior to the expiration date on his current license.

(2) An individual whose license expires by his failure to renew as provided may be reinstated provided the applicant submits a completed application and meets any additional requirements established by the bureau for an individual who has failed to timely renew his license.

Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.5 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:396 — LA Code / Code revised-statutes / Title 40 / Section 396
Area of operation of local housing authority established by municipality
Status: in_force

A. In the case of a local housing authority established by a municipality, the authority's area of operation shall be the municipality and the area within ten miles from the territorial boundaries thereof. Depending upon the geographical location of the municipality, such area of operation may include portions of one or more parishes. It may also include areas lying within the territorial boundaries of municipalities outside the municipality establishing the local housing authority. In order to resolve territorial conflicts, the following rules shall apply:

(1) In the case of the local housing authority's home parish, it may operate outside of the area described in this Section in the unincorporated areas of the home parish only with the permission of the governing authority.

(2) In the case of incorporated areas of the home parish, the local housing authority may operate within the territorial boundaries thereof only by consent of such other municipality and its local housing authority, if any.

(3) In the case of unincorporated portions of parishes other than the local housing authority's home parish, it may operate only with the consent of the governing body of the parish, regardless of whether the other parish has established a local housing authority.

(4) In the case of incorporated areas within other parishes, it may operate only with the consent of the governing body of any municipality incorporating such areas, and, if the other municipality has also established its own local housing authority, also with the consent of the other local housing authority.

(5) Notwithstanding any other provision of this Section, a local housing authority may, subject to the limitations stated in R.S. 40:449, provide rental assistance to persons residing outside the authority's area of operation as defined in this Section.

B. For purposes of this Section, "home parish" means the parish in which the municipality establishing the local housing authority is situated.

Amended by Acts 1950, No. 401, §6; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1300.13 — LA Code / Code revised-statutes / Title 40 / Section 1300.13
Application of Part; exceptions
Status: in_force

The provisions of this Part shall apply to all groups, associations or organizations, except meetings and assemblies of the members of bona fide labor organizations when said meetings are held in furtherance of any legitimate collective bargaining activity, business activity, or political activity of such labor organizations, regardless of race, creed, color, disability, as defined in R.S. 51:2232, or political beliefs of its members; however, nothing contained herein shall apply to mass meetings held in permanent structures dedicated to the purpose of accommodating the type of gathering in question.

Added by Acts 1970, No. 3, §1, eff. May 28, 1970. Acts 1993, No. 820, §7; Redesignated from R.S. 40:1299.13 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1300.13 redesignated to R.S. 40:1171.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:618 — LA Code / Code revised-statutes / Title 40 / Section 618
Drugs recognized in compendiums
Status: in_force

Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia for purposes of this Part unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia.
La. Rev. Stat. § 40:1060.16 — LA Code / Code revised-statutes / Title 40 / Section 1060.16
Prescriptions; electronic questionnaires
Status: in_force

A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) "Electronic questionnaire" means a computer-assisted system for collecting a person's health care data.

(2) "Valid physician-patient relationship" means a medical relationship that exists when the practitioner has conducted at least one medical evaluation with a person in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other practitioners.

B. A prescription issued solely upon the results of answers to an electronic questionnaire, in the absence of a documented patient evaluation including a physical examination, shall be considered issued outside the context of a valid physician-patient relationship and shall not be a valid prescription.

C. If a pharmacist knowingly dispenses a prescription authorized solely on the result of an electronic questionnaire, he shall be in violation of this Section.

D. A pharmacist who knows that a prescription has been authorized in the absence of a valid physician-patient relationship, or otherwise in violation of the prescriber's standard of practice, shall not fill such prescription.

E. A pharmacist who dispenses prescription drugs in violation of this Section is not acting in the best interest of the patient and is dispensing outside the course of the professional practice of pharmacy.

F. A pharmacist who violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years and may be sentenced to pay a fine of not more than five thousand dollars.

Acts 2007, No. 318, §1; Redesignated from R.S. 40:1238.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2180.27 — LA Code / Code revised-statutes / Title 40 / Section 2180.27
Operation without license; penalty
Status: in_force

A. A free-standing birth center shall not operate without a license issued by the department. Any center or facility operating without a license in violation of these provisions shall be charged with a misdemeanor. Upon conviction, that center shall be fined no less than two hundred fifty dollars and no more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to ensure enforcement.

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

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

Acts 2019, No. 332, §1, eff. June 11, 2019.
La. Rev. Stat. § 40:1578.4 — LA Code / Code revised-statutes / Title 40 / Section 1578.4
If no appeal taken
Status: in_force

If an order appealable to the board of review is issued and appeal is not taken, the owner or occupant must comply with the order within such time as is set in the discretion of the fire marshal after all necessary delays for appeal have expired.

Added by Acts 1974, No. 236, §1.
La. Rev. Stat. § 40:1300.44 — LA Code / Code revised-statutes / Title 40 / Section 1300.44
Liability
Status: in_force

A. A retail establishment or an employee of a retail establishment shall not be liable for any act or omission when an individual is allowed access to an employee restroom pursuant to the provisions of this Part, if such act or omission meets all of the following requirements:

(1) It does not constitute gross, willful, or wanton negligence on the part of the retail establishment or an employee of the retail establishment.

(2) It occurs in an area of the retail establishment that is not otherwise accessible to the public.

(3) It results in injury or death of the individual other than an employee accompanying the individual to the employee restroom.

B. No retail establishment shall be required to make any physical change to an employee restroom to effectuate the purposes of this Part.

Acts 2021, No. 444, §1; Acts 2022, No. 271, §9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.4.
La. Rev. Stat. § 40:31.31.1 — LA Code / Code revised-statutes / Title 40 / Section 31.31.1
Export certificate fees
Status: in_force

The Louisiana Department of Health shall charge a fee of fifteen dollars for each export certificate or certificate of free sale issued at the request of a manufacturer or distributor whose operations are subject to the jurisdiction of the Louisiana Department of Health or whose products are subject to rules promulgated by the Louisiana Department of Health in accordance with R.S. 40:627.

Acts 2025, No. 514, §1, eff. July 1, 2025.
La. Rev. Stat. § 40:2198.13 — LA Code / Code revised-statutes / Title 40 / Section 2198.13
Annual fee; use of proceeds
Status: in_force

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

Acts 2005, No. 488, §1, eff. July 11, 2005.
La. Rev. Stat. § 40:1101.4 — LA Code / Code revised-statutes / Title 40 / Section 1101.4
Rules
Status: in_force

The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Part.

Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.125 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2199.17 — LA Code / Code revised-statutes / Title 40 / Section 2199.17
Retaliation in connection with reporting healthcare workplace violence; prohibition
Status: in_force

A. No regulated entity shall take any retaliatory action against a person who, in good faith, reports an allegation of or an instance of workplace violence.

B. No regulated entity shall prohibit an employee from, or take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.

C. No regulated entity shall discharge, demote, suspend, threaten, or harass an employee, or discriminate against an employee in the terms and conditions of his employment, because of any lawful act engaged in by the employee, or taken on behalf of the employee, in reporting to law enforcement a crime or allegation involving workplace violence at the regulated entity's facility.

D. The employee protections provided for in this Section shall be in addition to, and shall not replace, any protections conferred by the provisions of Title 23 of the Louisiana Revised Statutes of 1950.

Acts 2022, No. 461, §§1, 2B.
La. Rev. Stat. § 40:1485.4 — LA Code / Code revised-statutes / Title 40 / Section 1485.4
Code of rider conduct
Status: in_force

A. A rider shall obey the posted rules, warnings, and oral instructions for a carnival or amusement ride issued by the owner or his employee or agent.

B. A rider shall refrain from acting in any manner that may cause or contribute to injuring the rider or others, including:

(1) Exceeding the limits of the rider's ability.

(2) Interfering with the safe operation of the carnival or amusement ride.

(3) Failing to engage any safety devices provided for the rider's safety.

(4) Disconnecting or disabling a safety device except at the express instruction of the owner's agent or employee.

(5) Altering or enhancing the intended speed, course, or direction of a carnival or amusement ride.

(6) Using the controls of a carnival or amusement ride designed solely to be operated by the owner's agent or employee.

(7) Extending arms and legs beyond the carrier or seating area except at the express direction of the owner's agent or employee.

(8) Throwing, dropping, or expelling an object from or toward a carnival or amusement ride except as permitted by the owner's agent or employee.

(9) Entering or exiting a carnival or amusement ride except at the designated time and area, if any, at the direction of the owner's agent or employee.

(10) Unreasonably controlling the speed or direction of the carnival or amusement ride that requires the rider to control or direct himself or a ride.

(11) Overloading a carnival or amusement ride beyond its designated capacity.

Acts 2003, No. 928, §1.
La. Rev. Stat. § 40:381 — LA Code / Code revised-statutes / Title 40 / Section 381
Title
Status: in_force

This Part may be known and referred to as the "Louisiana Housing Authorities Law".

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2193.4 — LA Code / Code revised-statutes / Title 40 / Section 2193.4
Department rules; regulations; licensing standards
Status: in_force

The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act as may be necessary to carry into effect the provisions of this Part. Such rules and regulations shall include but not be limited to the following:

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

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

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

(5) Survey and complaint investigations.

(6) Initial and annual renewal of licenses.

(7) Provisional licenses.

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

(9) Construction and design of the facility to ensure the health, safety, welfare, and comfort of patients and clients.

(10) General compliance with the current version of "Children with Special Needs Standards from Caring for Our Children" as developed by the American Academy of Pediatrics, the American Public Health Association, and the National Resource Center for Health and Safety in Child Care.

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

Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2018, No. 206, §4.