La. Rev. Stat. § 40:1237.4 — LA Code / Code revised-statutes / Title 40 / Section 1237.4
Emergency/Disaster Medicine Review Panel; establishment; review process
Status: in_force

A. The following panel review process is established to review health care services of medical personnel, as defined in R.S. 37:1731, during a declared state of emergency, disaster, or public health emergency.

B. An Emergency/Disaster Medicine Review Panel (hereinafter referred to in this Section as "panel") shall consist of three members and shall include all of the following:

(1) The coroner in the parish where the health care services were rendered, or if unavailable, his designee with a medical license from the state of Louisiana, or alternatively, a coroner with a medical license selected from the Louisiana Coroner's Association. The coroner shall act as its chairperson and preside over the panel.

(2) A member of the Louisiana State Medical Society selected by the Louisiana State Medical Society if the respondent is a physician, or a member of the Louisiana State Nurse's Association if the respondent is a nurse, or a member of a peer organization supervising any other respondent medical personnel. Such organization should be prepared to designate a member within thirty days of any such emergency or disaster and provide a panel member within ten days of the prosecuting authority's referral of the matter to the coroner.

(3) One member appointed by the governor with expertise in disaster medicine or, if unavailable, within the time required to form the panel, such an expert selected by the other two members of the panel.

C. Prior to the institution of criminal prosecution for acts arising out of the rendering of or failing to render health care services during a state of disaster, medical emergency, or public health emergency, the district attorney or the attorney general, whichever is the prosecuting agency, may refer in confidence those portions of the investigative file to the panel created for a peer review of the clinical judgment of the respondent physician, nurse, or other medical personnel to determine whether the respondent's judgment was exercised in good faith given the circumstances under which such judgment was rendered.

D. Emergency/disaster medicine review process

(1) The panel shall provide an opportunity to the respondent physician, nurse, or other member of the medical profession to set forth, in writing, the respondent's position with regard to the clinical judgment rendered, including any expert opinion on the matter subject to investigation.

(2) The panel shall have the right and duty to request and procure all necessary information regarding the care rendered. The panel may consult with medical authorities and others to become fully informed regarding the issues to be decided. The panel may subpoena medical records consistent with federal and state laws for patient privacy, and any such records shall remain confidential.

(3) The panel shall have as its sole duty to express its expert opinion as to whether or not scientific reliable evidence supports the conclusion that the respondent's or respondents' exercise of clinical judgment was in good faith given the circumstances under which the judgment was rendered.

(4) The panel shall render one or more of the following expert opinions which shall be in writing and signed by the members of the panel, together with written reasons for their conclusions.

(a) The evidence supports the conclusion that the respondent medical personnel exercised good faith clinical judgment given the circumstances under which judgment was rendered.

(b) The evidence does not support the conclusion that the respondent medical personnel exercised good faith clinical judgment under the circumstances under which such judgment was rendered.

(c) There exists a material issue of fact, not requiring expert opinion, bearing on whether the respondent exercised good faith clinical judgment under the circumstances under which such judgment was rendered.

(5) The panel opinion shall be advisory only and shall be submitted in confidence to the prosecutorial authority and the respondent medical personnel.

(6) Upon receipt of the advisory opinion from the panel, the prosecuting authority, after giving due consideration to the panel opinion, may proceed in accordance with the United States Constitution and constitution and laws of this state to prosecute conduct which, in the prosecuting authority's sole discretion, is deemed actionable.

(7) Other procedures for the panel process and opinion shall be similar to the panel process for civil proceedings provided in R.S. 40:1237.2 et seq. but shall be confidential as provided in Subsection F of this Section.

(a) The panel members shall take the oath provided for in R.S. 40:1237.2(C)(5)(a) and (c).

(b) The panel deliberations shall be governed by the provisions of R.S. 40:1237.2(C)(7).

(c) Qualification of physicians/medical personnel shall be the same as R.S. 40:1237.2(C)(3)(f).

(d) Costs of the panel shall be paid by the division of administration and compensation for panel members shall be the same as R.S. 40:1237.2(I)(1).

(e) Evidence to be considered shall be the same as R.S. 40:1237.2(D)(1), (2), (5), and (6) except that no depositions may be set or utilized during this process.

(8) The procedures for the review shall be on an expedited basis.

(a) The district attorney or attorney general may refer, in confidence, the matter to the coroner who will chair and activate the panel within ten days of the receipt of the investigative file. Upon referral to the coroner, the prosecuting authority shall notify the governor and the respective medical peer organization of the need for the appointment of a panel member.

(b) After the formation of the panel, the respondent medical personnel shall be given fifteen days notice in order to provide an opportunity for a written response to the matter under investigation. The chair may grant the respondent medical personnel an extension of time for good cause.

(c) The panel shall render an opinion within ninety days of the referral, with one extension of thirty days at the panel's option. The panel opinion shall be submitted in confidence to the prosecuting authority and the respondent medical personnel within five days of the panel rendering its opinion.

(d) If the panel has been unable to act within one hundred twenty days of referral, the prosecuting authority may withdraw the referral of the matter or in writing extend to a reasonable specified date the time for the panel to render its opinion.

(9) The prescriptive period for prosecution shall be suspended from the time period of the prosecuting authority's referral to the coroner until such time as the panel opinion has been rendered or the expiration of the one hundred twenty days or the specific date provided for in Subparagraph (8)(d) of this Subsection.

E. The prosecuting authority shall refrain from arresting a respondent until such time as the panel created by this Section has concluded its review, and an advisory opinion has been received by the prosecuting authority, except where there is probable cause to believe the respondent is a risk of flight or delay will adversely affect the investigation.

F. The panel review process and panel opinion shall remain confidential and shall not be utilized in subsequent civil or criminal proceedings unless by orders of the court. The respondent medical personnel and the prosecuting authority may agree to the public disclosure of the panel opinion if it is in the public interest.

G. For purposes of this Section, the following words shall have the following meanings:

(1) "During a declared state of emergency or public health emergency" means during the period of time set forth in a declaration of the governor as provided in R.S. 29:724 or 766 and shall include the time period as set forth in the declaration and shall also be retroactive to the precipitating event requiring the declaration of disaster or public emergency.

(2) "Health care services" means any act of diagnosis, treatment, medical evaluation, or advice or such other acts as may be permissible under the applicable health care licensing provisions of the state of Louisiana.

(3) "Medical personnel" means any individual or person subject to the provisions of R.S. 37:1731, regardless of compensation.

(4) "Scientific reliable evidence" means evidence that will meet the criteria for use of expert evidence as set forth by the United States Supreme Court in Daubert vs. Merrell Dow Pharmaceuticals , 509 U.S. 579, 113 S.Ct. 2786 (1993).

Acts 2008, No. 758, §2; Redesignated from R.S. 40:1299.39.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1071.5 — LA Code / Code revised-statutes / Title 40 / Section 1071.5
Funds
Status: in_force

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

Added by Acts 1981, No. 690, §2; Redesignated from R.S. 40:1299.116 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:600.89 — LA Code / Code revised-statutes / Title 40 / Section 600.89
Organization of the corporation
Status: in_force

A. The Louisiana Housing Corporation shall be governed by a board of directors composed of the following members:

(1) One member shall be the state treasurer or his designee. Notwithstanding the provisions of R.S. 49:307.1, the treasurer may name any person as his designee to this board.

(2) Eight members shall be appointed by the governor, two of whom shall be at-large appointments. All members appointed by the governor shall meet all of the following criteria:

(a) Each shall be a resident of the state.

(b) Each shall have at least five years of experience in one or more of the following fields:

(i) Banking or bonds.

(ii) Residential or multi-family construction.

(iii) Real estate.

(iv) Affordable housing development.

(v) Nonprofit residential development.

(vi) Programs of the Department of Housing and Urban Development or any successor agency.

(c) Not more than one member appointed pursuant to this Paragraph shall be a resident of a single congressional district, except for the at-large members who may be selected from the state at large.

(d) One shall either be a consumer of or an advocate for affordable housing.

(e) The eight members appointed by the governor shall be diverse and representative of the state's population as near as practicable, including with respect to ethnicity, and shall each be submitted to the Senate for confirmation.

(3) Four additional members shall be appointed as follows:

(a) Two persons appointed by the president of the Senate, one of whom shall be appointed from a parish having a population of less than seventy-five thousand persons according to the latest federal decennial census or a municipality having a population less than fifteen thousand persons according to the latest federal decennial census. The two members appointed pursuant to this Subparagraph shall serve at the pleasure of the president of the Senate.

(b) Two persons appointed by the speaker of the House of Representatives, one of whom shall be appointed from a parish having a population of less than seventy-five thousand persons according to the latest federal decennial census or a municipality having a population less than fifteen thousand persons according to the latest federal decennial census. The two members appointed pursuant to this Subparagraph shall serve at the pleasure of the speaker of the House of Representatives.

B. In the event of a vacancy in the office of any member of the board of directors, by death, resignation, removal, or otherwise, a replacement shall be appointed in the same manner as the person whose position is now vacant was originally appointed and, if appointed by the governor, shall serve for the remainder of the unexpired term.

C.(1) Each appointed member of the board of directors shall hold office until his successor has been appointed and has qualified.

(2)(a) Any appointed member shall be eligible for reappointment.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, no member appointed by the governor shall serve more than three consecutive terms. Any such member who serves three consecutive terms shall be eligible for reappointment no earlier than one year after leaving office.

(3) Any member of the board of directors of the corporation may be removed from office by the appointing authority for incompetence, malfeasance, misconduct, or willful neglect of duty, after reasonable notice and a public hearing, unless the notice and hearing are expressly waived in writing.

(4) Every member of the board of directors of the corporation shall, before entering office, take the oath of office required of public officials to administer the duties of his office faithfully and impartially, and a record of such oath shall be filed with the secretary of state.

(5) Board members appointed by the governor shall serve staggered four-year terms as provided in this Section. Two shall serve initial terms of two years each, two shall serve initial terms of three years each, and two shall serve initial terms of four years each, as determined by lot at the first meeting of the board.

(6) Board members may receive compensation of fifty dollars per diem for their services and may be eligible for reimbursement of reasonable travel expenses incurred in connection with the discharge of their duties only as provided by majority vote of the board.

D.(1) Each member of the board of directors shall file financial disclosure statements pursuant to R.S. 42:1124.2.1.

(2) The executive director shall file financial disclosure statements pursuant to R.S. 42:1124.2.

(3) If the state treasurer does not appoint a designee but serves as a member, he shall not file the disclosure statement required by this Subsection but rather shall file disclosure statements as otherwise required by law for the state treasurer.

Acts 2011, No. 408, §1, eff. July 5, 2011; Acts 2021, No. 302, §1.
La. Rev. Stat. § 40:1501.4 — LA Code / Code revised-statutes / Title 40 / Section 1501.4
Calcasieu Parish; taxes in annexed areas
Status: in_force

A.(1) Notwithstanding the provisions of R.S. 40:1501 or any other provision of law which authorizes fire protection districts to levy ad valorem taxes, no fire protection district shall levy or collect ad valorem taxes, except as provided in Paragraph (2) of this Subsection, in any area to which both of the following apply:

(a) The area is in Calcasieu Parish and has been annexed into a municipality.

(b) Pursuant to a contract between the municipality and the fire protection district, the municipality provided regular fire protection to the area prior to annexation in exchange for revenues of the fire protection district received from the levy of ad valorem taxes.

(2) The fire protection district shall continue to levy and collect any ad valorem taxes or portion thereof the avails of which are pledged as security for bonded indebtedness until the avails of such taxes are sufficient to pay off such indebtedness.

B. If at any time an area in which a fire protection district has been authorized to levy and collect ad valorem taxes is annexed and such area meets the criteria set forth in Paragraph A(1) of this Section, the authority of the district to levy and collect such taxes in the area, except any taxes collected pursuant to Paragraph A(2) of this Section, shall expire at the time and for the year in which the annexation ordinance becomes effective. The authority of the district to levy and collect taxes pursuant to Paragraph A(2) of this Section shall expire at the time and for the year in which the indebtedness is paid off.

Acts 1998, No. 15, §1; Acts 1999, No. 1105, §1.
La. Rev. Stat. § 40:1568 — LA Code / Code revised-statutes / Title 40 / Section 1568
Special investigations of fires of suspicious origin
Status: in_force

A. The fire marshal shall make or cause to be made a special examination of the circumstances surrounding each fire of suspicious origin and of any fire reported to have been caused by design.

B. In the performance of this duty, the fire marshal or his authorized representative may take or cause to be taken testimony from persons supposed to be cognizant of any fact which may relate to the cause of any fire. To this end, he may secure testimony under oath and have it reduced to writing. In the furtherance of this investigation, the fire marshal or his authorized representative has the power to issue subpoenas and subpoenas duces tecum to compel the testimony of witnesses and the production of documents, papers, books, records, and other evidence, and to administer oaths and affirmations to those persons subpoenaed. Any fire marshal employee shall serve any subpoena or subpoena duces tecum directed to him by the fire marshal or his authorized representative.

C. If, after this investigation, the fire marshal or his authorized representative is of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall have the person arrested and so charged and shall furnish to the district attorney of the judicial district in which the fire occurred all the evidence, together with the names of the witnesses and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case.

D.(1) If any person refuses to obey any such subpoena, to give testimony, or to produce evidence as required thereby, any judge of the district court for the parish of East Baton Rouge may, upon ex parte application and proof of such refusal, make an order awarding process of subpoena or subpoena duces tecum out of the district court for the witness to appear before the fire marshal or his authorized representative and to give testimony and to produce evidence. Upon filing such order in the office of the clerk of the district court, the clerk shall issue process of subpoena, as directed under the seal of the court requiring the person to whom it is directed, to appear at the time and place therein designated.

(2) If any person served with any such subpoena refuses to obey the order and to give testimony and to produce evidence as required by the order, the fire marshal or his authorized representative may apply to any judge of the district court for an attachment against such person for contempt. The judge, upon satisfactory proof of such refusal, may issue an attachment, directed to any sheriff, constable, or law enforcement officer, for the arrest of such person and, upon his being brought before such judge, proceed to a hearing on the matter. The judge shall have the power to enforce obedience to such subpoena, the answering of any question, and the production of any evidence that may be proper, by a fine not exceeding one hundred dollars, by imprisonment, or by both fine and imprisonment, and to compel such witness to pay the costs of such proceeding.

(3) Proceedings held pursuant to the provisions of this Subsection shall be summary in nature.

(4) Any violation of a subpoena issued by the clerk or of any order issued by the judge may be punishable by the judge as contempt.

Amended by Acts 1952, No. 340, §2; Acts 1974, No. 235, §1; Acts 1999, No. 173, §1, eff. June 9, 1999; Acts 2010, No. 822, §1.
La. Rev. Stat. § 40:2323 — LA Code / Code revised-statutes / Title 40 / Section 2323
Application for grant
Status: in_force

Whenever a parish, municipality, public board, or political subdivision of the state of Louisiana, or combination thereof, makes application for federal assistance under the Federal Water Pollution Control Act subsequent to January 1, 1968, for a portion of the cost of construction of water pollution control projects, it may apply for a state grant to the Louisiana Department of Health. The application shall state the total estimated cost of the project, the amount anticipated to be paid by federal assistance under the Federal Water Pollution Control Act, and the amount which the applicant will contribute to the project, and that request is made for a state grant for the balance of the estimated cost of the project.

Acts 1970, No. 171, §3, emerg. eff. June 29, 1970 at 7:00 P.M. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2004.2 — LA Code / Code revised-statutes / Title 40 / Section 2004.2
Contract for sewer service for Central Louisiana State Hospital
Status: in_force

The Louisiana Department of Health is authorized to enter into a contract with the city of Pineville for sewerage services to be furnished by the city of Pineville to the Central Louisiana State Hospital. In consideration of the expenditures made by the city of Pineville in providing said sewerage services, the Louisiana Department of Health may agree to pay a minimum charge of three thousand three hundred thirty-three dollars per month for one hundred twenty months to the city of Pineville.

Added by Acts 1969, No. 98, §1. Amended by Acts 1977, No. 680, §2.
La. Rev. Stat. § 40:2180.26 — LA Code / Code revised-statutes / Title 40 / Section 2180.26
License issuance; application; fees; onsite inspections
Status: in_force

A. Each application for licensure as a free-standing birth center shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.

B. Each application for licensure and each license renewal application shall be accompanied by a nonrefundable license fee in the amount required pursuant to R.S. 40:2006.

C. Following receipt of the completed initial licensing application and fee, the department shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the Louisiana Department of Health finds that the free-standing birth center meets the requirements of this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.

D. As a condition for renewal of license, the licensee shall submit to the department a completed annual renewal application on the forms prescribed by the department, which shall contain all information required by the department. Additionally, the annual renewal licensing fee shall be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal fee, the department shall determine if the free-standing birth center continues to meet the requirements established pursuant to this Part and the licensing standards adopted pursuant to this Part. The department may perform an onsite survey and inspection upon annual renewal. If the provider continues to meet the requirements established pursuant to this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which shall be valid for up to one year, unless otherwise revoked or suspended.

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

Acts 2019, No. 332, §1, eff. June 11, 2109.
La. Rev. Stat. § 40:601 — LA Code / Code revised-statutes / Title 40 / Section 601
Title
Status: in_force

This Part may be cited as the "State Food, Drug, and Cosmetic Law."
La. Rev. Stat. § 40:1061.19 — LA Code / Code revised-statutes / Title 40 / Section 1061.19
Records
Status: in_force

A. In addition to any other duty that may be imposed by state law or regulations, each physician who performs or induces an abortion, the medical director of the facility where an abortion is performed or induced, the administrator of an abortion facility, each abortion facility, and each owner of an abortion facility shall have an independent duty to ensure that a designated custodian of records for the facility obtains, retains, and makes part of the medical record of each pregnant woman upon whom an abortion is performed or induced at least one copy of each of the following documents:

(1) The certificate required by R.S. 40:1061.13.

(2) If the pregnant woman is an unemancipated minor, one of the following:

(a) A notarized consent form and copies of identification as provided for in R.S. 40:1061.14(A)(1).

(b) A court order required by R.S. 40:1061.14(B), if applicable.

(3) The consent form required by R.S. 40:1061.17.

(4) The reports required by R.S. 40:1061.21.

(5) The certificate required by R.S. 40:1061.23, if applicable.

(6) The signed certification form provided for in R.S. 40:1061.16(C) indicating that the woman or minor female acknowledged receipt of informational materials concerning psychological impacts, illegal coercion, abuse, and human trafficking.

(7) Any report made pursuant to Title VI of the Children's Code and any other report made to law enforcement in relation to the patient.

B. The individuals listed in Subsection A of this Section and the abortion facility shall each have an independent duty to ensure that the custodian of records for the abortion facility where the abortion was performed or induced retains the documents required in Subsection A of this Section for not less than seven years for adult patients and not less than ten years from the age of majority for minor patients. The ten-year period for minors shall begin to run when the patient attains the age of eighteen; provided, however, that in any case where the patient has reported facts that would require reporting under Title VI of the Children's Code, the retention period shall be thirty years.

C. For purposes of this Section, "owner" shall include each person with an ownership interest totaling five percent or more in an abortion facility.

D.(1) Any person who intentionally or negligently fails to comply with the requirements of this Section or any duty recognized therein shall be subject to the penalties provided for in R.S. 40:1061.29.

(2) Any abortion facility that fails to comply with the requirements of this Section or any duty recognized therein shall be subject to the penalties provided for in R.S. 40:1061.29.

(3) Each medical record that does not include the documents identified in Subsection A of this Section, or which is not retained for the time specified in Subsection B of this Section, shall constitute a separate incidence or occurrence for purposes of R.S. 40:1061.29, and shall constitute a continuing violation until the relevant retention period specified in Subsection B of this Section has expired.

E.(1) In addition to the remedies provided in this Section and any other remedies available under the laws of this state, a person listed in Subsection A of this Section who, either intentionally or with negligence, fails to obtain, make part of a medical record, or retain any document in compliance with this Section may be temporarily or permanently disqualified from performing or inducing an abortion, applying for a medical facility license, or otherwise operating or managing a medical facility in this state.

(2) For purposes of this Subsection, "operating" or "managing" shall include acting as an owner, governing board member, physician, medical director, administrator, or in any comparable role or title in which the individual has executive responsibility for the medical facility or has professional medical responsibility for patient care.

F. Each abortion facility, as a condition of obtaining and maintaining a license under R.S. 40:2175.1 et seq., shall establish a written record retention and archiving policy, which shall be submitted within thirty days of June 22, 2019, to the department. The department shall review and approve the policy within ninety days of its receipt. During the pendency of the ninety days, the facility shall be deemed in compliance with this Section and if the department fails to act within ninety days of receipt of the proposed policy, the policy shall be deemed approved. The policy shall be signed by the individuals identified in Subsection A of this Section who shall acknowledge their legal obligations and acknowledge receiving a copy of the policy.

G. A person may comply with this Section by depositing a copy of each document required by Subsection A of this Section with the department in an organized and readily accessible format. The department shall have a cause of action against the persons identified in Subsection A of this Section for the reasonably anticipated cost of storing the documents for the required period of time, for which those persons shall be liable in solido.

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

Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 2014, No. 569, §2, special eff. date; Redesignated from R.S. 40:1299.35.8 by HCR 84 of 2015 R.S; Acts 2017, No. 165, §1; Acts 2019, No. 435, §1, eff. June 22, 2019; Acts 2022, No. 545, §3.

NOTE: See Acts 2014, No. 569, §3, regarding effective date.
La. Rev. Stat. § 40:1596.2 — LA Code / Code revised-statutes / Title 40 / Section 1596.2
Administration
Status: in_force

The assistant secretary of the Department of Public Safety in charge of the office of state fire protection, commonly known as the State Fire Marshal, shall administer this Subpart and may issue rules and regulations which he considers necessary to its administration.

Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
La. Rev. Stat. § 40:34.11 — LA Code / Code revised-statutes / Title 40 / Section 34.11
Paternity acknowledgement affidavit; required contents
Status: in_force

The state registrar shall develop an affidavit for the voluntary acknowledgment of paternity which includes the minimum requirements of the affidavit specified by the secretary of the United States Department of Health and Human Services under 42 U.S.C. 652(a)(7).

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1105.2 — LA Code / Code revised-statutes / Title 40 / Section 1105.2
Cancer registry program; data; statewide
Status: in_force

The president of the Louisiana State University System shall establish in the office of the president a statewide registry program for reporting cancer cases for the purpose of gathering statistical data to aid in the assessment of cancer incidence, survival rates, possible causes of specific cancers, and other related aspects of cancer in Louisiana. The program shall collect and disseminate cancer incidence data on a statewide level in accordance with the provisions of this Part.

Added by Acts 1978, No. 653, §1. Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.81 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1071 — LA Code / Code revised-statutes / Title 40 / Section 1071
Statement of purpose
Status: in_force

A. In order to extend and improve, as far as practical under the conditions in this state, services for children with special health care needs and in order to provide leadership in the development and implementation of systems of care for the provision of medical, surgical, corrective, social, and other services and facilities for the diagnosis, hospitalization, and follow-up care which are family-centered, community-based, coordinated, and culturally competent for children with special health care needs, the Louisiana Department of Health, office of public health, is designated the agency of the state, through a program known as "Children's Special Health Services", to cooperate with the United States under the terms of Title V of the Social Security Act or any amendment thereof relating to services to these children, and to receive and expend federal monies for such services.

B.(1) The legislature hereby declares that one of the most serious problems facing medicine and the public health and welfare today is the absence of an adequate program to assist in the treatment, habilitation, and rehabilitation of persons suffering from spina bifida and other congenital or acquired spinal cord dysfunctions. Furthermore, it has been found that a fully coordinated approach to early identification is presently lacking, and yet is essential for guaranteeing the minimization of permanent disability.

(2) Therefore, in order to afford each citizen of the state of Louisiana every opportunity to develop his or her fullest human potential, it is a purpose of this Part to provide a comprehensive, coordinated approach to the care and treatment of spinal cord dysfunctions.

Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.111 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:600.37 — LA Code / Code revised-statutes / Title 40 / Section 600.37
Action to establish a receivership
Status: in_force

A. Action and determination of court. An action to establish a receivership that transfers possession and control of blighted housing property to a local governmental subdivision or a qualified rehabilitation entity may be brought by a local governmental subdivision in the court in the parish in which the blighted housing property is located.

B. An action submitted to a court to establish a receivership shall include:

(1) The documentation supporting the residential housing property being designated a blighted housing property.

(2) An affidavit executed by the designated official stating that (a) the residential housing property was listed on the blighted housing property list, (b) the owner of the property has consented to placing the property in receivership, (c) notice was delivered to the secured parties in accordance with the provisions of this Chapter and was filed as required in the mortgage record of the local governmental subdivision, or that there are no secured parties, (d) a rehabilitation plan for the blighted housing property was offered to the secured parties for review, (e) the secured party did not submit an acceptable alternate plan to the public officer, (f) a statement has been received by an individual holding appropriate professional qualifications that there are sound reasons that the blighted housing property should be rehabilitated rather than demolished based upon the physical, aesthetic, or historical character of the residential housing property or the relationship of such residential housing property to other buildings and lands within its immediate vicinity, and (g) the governing authority of the local governmental subdivision approved the implementation of the rehabilitation plan pursuant to an approving resolution.

(3) An affidavit from the owner consenting to placing the property in receivership and agreeing to the cost of the rehabilitation plan.

(4) A certified copy of the approving resolution.

(5) A copy of the rehabilitation plan.

(6) A request that the court establish a receivership for the blighted housing property, appoint a receiver, and approve and authorize the receiver to implement the rehabilitation plan.

C. Prior to establishing a receivership, the court shall consider any objections filed by secured parties and evaluate any alternate plans submitted by secured parties. The court may approve a secured party's alternate plan that, in the judgment of the court, is realistic and likely to result in the expeditious rehabilitation of the property to minimum habitability standards and a return of the blighted housing property to commerce. If the court approves the secured party's alternate plan, then the court shall appoint the public officer to act as monitor of the secured party's compliance. If the secured party fails to carry out any step in the approved alternate plan, then the local governmental subdivision may apply to the court to complete the local governmental subdivision's rehabilitation plan.

D.(1) If the court finds that the property is blighted property and that the secured party has failed to submit an acceptable alternate plan or to take any action to restore the blighted housing property to minimum habitability standards, then the court shall authorize the local governmental subdivision or a qualified rehabilitation entity designated by the local governmental subdivision to take possession, control, and use of the blighted housing property for the receivership term and to implement the rehabilitation plan.

(2) The possession of the property by the local governmental subdivision or qualified rehabilitation entity shall continue in receivership for the receivership term established by the court. In no event shall the receivership term exceed five years.

(3) The costs to rehabilitate the property contained in the rehabilitation plan submitted for approval by the court shall be a lien against the property, which lien may be satisfied through capital recovery payments or by the maintenance of the receivership for the receivership term unless the owner applies to the court as otherwise provided in this Chapter for reinstatement of possession and control of the property and meets the criteria for reinstatement, including satisfying any and all liens, imposed by the court.

E. Other proceedings in court. The local governmental subdivision or the qualified rehabilitation entity granted possession and control as receiver may commence and maintain any further proceedings in the court as may be necessary for the conservation, protection, rehabilitation, or disposition of the property or as may be necessary to recoup the cost and expenses of rehabilitation.

F. Receiver subject to direction and control by court. Any receiver so appointed shall be under the direction and control of the court and shall have full power over the property and shall, upon appointment by the court, commence and maintain all actions for the conservation, protection, or disposal of the residential housing property as the court may deem proper.

G. Technical advisory assistance to court. The state housing agency shall serve as a technical advisor to a court and may review each alternate plan and rehabilitation plan submitted to the court and advise the court as to the feasibility or viability of such plans; monitor on behalf of the court the implementation of the receivership over the receivership term; and advise the court as may be necessary and appropriate concerning revisions or adjustments to an alternate plan or a rehabilitation plan.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:1155.4 — LA Code / Code revised-statutes / Title 40 / Section 1155.4
Physician, health care provider, and licensed emergency medical services practitioner responsibility
Status: in_force

A. Any attending physician who refuses to comply with the provisions of a duly executed LaPOST form executed pursuant to this Subpart shall make a reasonable effort to transfer the patient to another physician.

B. No provision of this Subpart imposes a duty upon the physician or health care provider to make a search of whether a patient has executed a LaPOST form.

C. If the policies of a health care provider preclude compliance with the LaPOST form executed under this Subpart or preclude compliance with the provisions pertaining to a representative acting on behalf of a patient, then the health care provider shall take all reasonable steps to transfer the patient to a health care provider with which the provisions of this Subpart can be effectuated.

D. Licensed emergency medical services practitioners shall make a reasonable effort to detect the presence of an executed LaPOST form.

Acts 2010, No. 954, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.64.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:615 — LA Code / Code revised-statutes / Title 40 / Section 615
Inspection of permittee's establishment; denial of access
Status: in_force

Any officer or employee duly designated by the department has access to any factory or establishment, the operator of which holds a permit from the department, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for this inspection is grounds for suspension of the permit until the access is freely given by the operator.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:446 — LA Code / Code revised-statutes / Title 40 / Section 446
Loans, guarantees, tax inducements, mortgage assistance
Status: in_force

A. Subject to the limitations contained in R.S. 40:489, a local housing authority may:

(1) Make mortgage loans and mortgage subsidy payments to or for the benefit of persons of eligible income.

(2) Act as a conduit, fiduciary, borrower, and lender in conduit financing programs which provide mortgage financing to persons of eligible income as defined in R.S. 40:384(21)(c).

(3) Purchase mortgages given by persons of eligible income or mortgages encumbering housing for persons of eligible income.

(4) Make mortgage loans to persons of eligible income as defined in R.S. 40:384(21)(c).

(5) Operate any program to provide mortgage or other financing available for the production and operation or the purchase of affordable housing through the use of federal or state tax credits or other tax-related inducements.

(6) Make acquisition, development, construction, and rehabilitation loans, long-term mortgage loans, and guarantees, to or for the benefit of persons, firms, partnerships, associations, joint ventures, or corporations, public or private, whether nonprofit or for-profit, for purposes of developing and constructing housing for persons of eligible income, including mixed-income housing developments.

(7) Engage in mortgage rate buy-downs and other actions of every kind and description to enhance the availability of mortgage financing that is affordable to persons of eligible income as defined in R.S. 40:384(21)(c).

(8) Enter into and perform contracts, agreements, and arrangements of every kind and description with banks, thrift institutions, credit unions, mortgage bankers, and other lenders.

B. In order to enhance the supply of mortgage financing at rates and terms affordable to persons of eligible income as defined in R.S. 40:384(21)(c), and to enhance the supply of financing at rates and terms sufficiently attractive to encourage the production of rental and fee-ownership housing that is affordable to persons of eligible income as defined in R.S. 40:384(21)(c), a local housing authority may make and perform commitments relating to any action authorized under this Subsection, charge such fees and impose such repayment terms and other terms and conditions concerning loans, mortgages, guarantees, mortgage subsidies and other forms of loan and mortgage assistance provided by the authority as the authority shall from time to time determine to be necessary or appropriate, and make loans other than mortgage loans to persons of eligible income as defined in R.S. 40:384(21)(c) upon such terms and conditions as the authority shall deem appropriate. All actions taken by a local housing authority authorized in this Subsection above shall be consistent with the requirements of R.S. 40:489.

Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1485.7 — LA Code / Code revised-statutes / Title 40 / Section 1485.7
Notice to riders
Status: in_force

A. The owner shall display signs at the following places:

(1) Any station for reporting an injury.

(2) Any first aid station.

(3) Either of the following places:

(a) Any entrance or exit to or from the premises designated for riders.

(b) Any area or structure at which riders may purchase admission or obtain authority to use a carnival or amusement ride.

B. All signs required by this Section shall include a legend providing that "STATE LAW REQUIRES RIDERS TO OBEY ALL WARNINGS AND DIRECTIONS AND BEHAVE IN A MANNER THAT WILL NOT CAUSE OR CONTRIBUTE TO INJURING THEMSELVES OR OTHERS. RIDERS SHOULD REPORT ALL INJURIES BEFORE LEAVING THE EVENT PREMISES."

Acts 2003, No. 928, §1.
La. Rev. Stat. § 40:1749.20 — LA Code / Code revised-statutes / Title 40 / Section 1749.20
Violations; penalties
Status: in_force

A.(1) A person who is required by this Part to become a member of, participate in, or share the cost of, a regional notification center and who fails to do so shall be subject to a civil penalty of not more than two hundred fifty dollars for the first violation and not more than one thousand dollars for each subsequent violation. A subsequent violation shall be deemed to have occurred if the person fails to become a member of, participate in, or share the cost of, a regional notification center as required within ninety days after issuance of a citation for the previous violation.

(2) A person who participates in a regional notification center and who fails to mark or provide information regarding the location of underground utilities and facilities used to store, transport, or convey that which is not regulated pursuant to Chapter 16 of Subtitle II of Title 30 of the Louisiana Revised Statutes of 1950, otherwise known as the Hazardous Materials Information Development, Preparedness, and Response Act, shall be subject to a civil penalty of not more than one thousand dollars. A subsequent violation shall be deemed to have occurred if a person fails to provide information or markings within two years of the issuance of a prior citation for the same or similar conduct.

(3) A person who is required by law to participate in a regional notification center and who fails to provide information or markings to indicate hazardous material as defined in Title 30 of the Louisiana Revised Statutes of 1950 shall be subject to the following:

(a) For the first violation, a warning letter shall be given.

(b) For a second violation, a civil penalty of not more than two hundred fifty dollars.

(c) For a third violation, a civil penalty of not more than five hundred dollars.

(d) For a fourth violation, a civil penalty of not more than one thousand dollars.

(e) For a fifth and each subsequent violation, a civil penalty of not less than two thousand dollars nor more than twenty-five thousand dollars.

B. An excavator or demolisher who violates the provisions of R.S. 40:1749.13, 1749.16, or 1749.17(B) shall be subject to the following:

(1) For the first violation, a warning letter shall be given.

(2) For a second violation of a similar nature within a two-year period from the previous violation, a civil penalty of not more than two hundred fifty dollars.

(3) For a third violation of a similar nature within a two-year period from a previous violation, a civil penalty of not more than five hundred dollars.

(4) For a fourth violation of a similar nature within a two-year period from the previous violation, a civil penalty of not more than one thousand dollars.

(5) For a fifth and each subsequent violation of a similar nature within a two-year period from the previous violation, a civil penalty of not less than two thousand nor more than twenty-five thousand dollars.

(6) For any violation involving hazardous materials as defined in Title 30 of the Louisiana Revised Statutes of 1950, a civil penalty of not less than two thousand dollars nor more than twenty-five thousand dollars.

(7) An excavator or demolisher who is issued a citation for a violation shall immediately stop all excavation or demolition activity until the requirements of this Part are met. Failure to do so shall subject the excavator or demolisher to an additional citation and civil penalty of not more than twenty-five thousand dollars for each such subsequent citation issued.

C. An excavator or demolisher who violates the provisions of R.S. 40:1749.15 shall be subject to the following:

(1) For the first violation, a civil penalty of not more than fifty dollars.

(2) For a second violation of a similar nature within a two-year period from the previous violation, a civil penalty of not more than two hundred dollars.

(3) For a third violation of a similar nature within a two-year period from a previous violation, a civil penalty of not more than five hundred dollars.

(4) For a fourth and each subsequent violation of a similar nature within a two-year period from the previous violation, a civil penalty of not less than five hundred dollars nor more than five thousand dollars.

D. A person may be cited with a violation and held liable for a civil penalty pursuant to this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence is sufficient to establish that the defendant has committed the offense.

Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1; Acts 2010, No. 249, §1, eff. Sept. 1, 2010; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2012, No. 103, §1; Acts 2014, No. 203, §1.
La. Rev. Stat. § 40:1847 — LA Code / Code revised-statutes / Title 40 / Section 1847
Permits; bonds; insurance; reciprocal agreements
Status: in_force

A.(1) Every person, firm, or corporation, as a prerequisite to his or its right to store, sell, or transport liquefied petroleum gases over the highways of the state of Louisiana or to his or its right to install storage tanks or systems for the use of liquefied petroleum gases, or to his or its right to install liquefied petroleum gas appliances, shall obtain a permit or registration from the commission and shall comply with the applicable requirements of the rules and regulations of the commission including the execution and filing of the insurance policy required herein with the commission. The registration applies only to plumbers who hold a masters plumber's license issued by the state of Louisiana, or mechanical contractors who hold a current occupational license from the proper issuing authority and who meets all rules and regulations of the Liquefied Petroleum Gas Commission.

(2) As a further prerequisite to the issuance of such permit or registration, the applicant shall furnish evidence of liability insurance in the minimum sum of one hundred thousand dollars covering the applicant's legal liability for such phases of his operations as the commission may require, but this shall not serve to lower any insurance requirements otherwise provided by law.

(3) In lieu of such insurance, the applicant may post with the commission bonds or other securities issued by the United States of America or the state of Louisiana, or certificates of deposit or similar instruments issued by a lending institution regulated by an agency of this state or of the federal government, in the above amounts, which bonds or securities shall be held in trust by the commission for the benefit of any person, firm, or corporation to which such legal liability may accrue.

B. The commission shall grant Class I liquefied petroleum gas dealer permits to nonresident applicants only after the commission has reached a reciprocal agreement with the liquefied petroleum gas regulating authority of the state in which the applicant resides. Such agreement shall provide for the granting of Class I dealer permits in that state to resident Louisiana liquefied petroleum gas Class I dealer applicants on an equal basis between the states for the granting of such permits. The granting of a Class I dealer permit by the commission to such nonresident applicant shall be subject to the provisions of such agreement. The provisions of such agreement shall not serve to reduce the requirements hereinabove prescribed for qualifying for Class I liquefied petroleum gas dealer permits to operate within the state of Louisiana.

Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1987, No. 552, §1; Acts 1995, No. 1279, §1.
La. Rev. Stat. § 40:600.51 — LA Code / Code revised-statutes / Title 40 / Section 600.51
Short title; purpose
Status: in_force

A. This Chapter shall be known and may be cited as the "Louisiana Habitat for Humanity Loan Purchase Program Act".

B. The legislature hereby finds and declares that there exists in the state a need to assist low-income individuals and families, and particularly those individuals and families who have mental or physical disabilities, in accessing and acquiring affordable housing and to provide for the development and construction of decent, safe, accessible, and affordable housing for low-income individuals and families such as currently is provided by Louisiana affiliates of Habitat for Humanity. The legislature further finds that the Louisiana Housing Corporation has the requisite powers and duties to support and administer this program. Therefore, to address these needs, the purposes of this Chapter shall be the following:

(1) To partner with Louisiana Habitat for Humanity affiliates which are constructing affordable housing for Louisiana citizens.

(2) To encourage the development of accessible housing for people with disabilities through media outreach in collaboration with disability based community organizations.

(3) To purchase homeowner loans from habitat affiliates and thereby provide more resources for such entities to serve more potential home buyers.

(4) To establish a revolving fund to provide a growing pool of monies to support the partnership between the Louisiana Housing Corporation and the habitat affiliates.

Acts 2006, No. 510, §1, eff. July 1, 2006; Acts 2011, No. 408, §5(B), eff. July 5, 2011.
La. Rev. Stat. § 40:607 — LA Code / Code revised-statutes / Title 40 / Section 607
Adulterated food
Status: in_force

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

(1) If it contains any poisonous or deleterious substances, added or otherwise, which may render it dangerous to health; or any added poisonous or deleterious substance which is prohibited by R.S. 40:611 or which is in excess of the limits of tolerance prescribed by regulations of the department.

(2) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food.

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

(4) If it is the product of a diseased animal or of an animal which has died otherwise than by slaughter.

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

(6) If any valuable constituent has been in whole or in part abstracted therefrom.

(7) If any substance has been substituted wholly or in part therefor.

(8) If damage or inferiority has been concealed in any manner.

(9) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, reduce its quality or strength, or create a deceptive appearance.

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

(11) If it is confectionery or ice cream and it contains any alcohol, resinous glaze, or nonnutritive substance, except harmless coloring, harmless resinous glaze, harmless flavoring, natural gum, and pectin; provided, that this Paragraph shall not apply to any confectionery by reason of its containing less than ten percent by volume of alcohol or to any chewing gum by reason of its containing harmless nonnutritive masticatory substance.

B. The department shall promulgate sanitary regulations for implementing the provisions in Paragraphs (2) and (3) of this Section.

C. For the first charge and finding thereunder the person shall be given a notice and hearing and a notice to correct the unsanitary conditions or the unsanitary food complained of. This notice and order does not prohibit the seizure of food dangerous to health as provided in this Part.

D. For purposes of this Section:

(1) Anyone who sells confectionery that contains more than one-half of one percent alcohol rendered unfit for beverage purposes to a person who is under the legal age for purchasing alcoholic beverages shall be fined not more than three hundred dollars or imprisoned for not more than six months, or both.

(2) Any confectionery manufactured in this state that contains more than one-half of one percent alcohol rendered unfit for beverage purposes shall bear a label containing the statement: "Sale of this product to persons under the legal age for purchasing alcoholic beverages is unlawful." A person who violates the provisions of this Paragraph shall be fined not more than three hundred dollars or imprisoned for not more than six months, or both.

(3) No confectionery containing more than one-half of one percent alcohol rendered unfit for beverage purposes shall be sold in this state unless the product bears a label that meets the requirements of Paragraph (2) of this Subsection or a sign containing the statement: "Sale of confectionery containing more than one-half of one percent alcohol to persons under the legal age for purchasing alcoholic beverages is unlawful" is displayed at the place where the product is sold or offered for sale. A person who violates the provisions of this Paragraph shall be fined not more than three hundred dollars or imprisoned for not more than six months, or both.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 654, §1.
La. Rev. Stat. § 40:2846 — LA Code / Code revised-statutes / Title 40 / Section 2846
Rules and regulations; Louisiana Department of Health
Status: in_force

A. The board shall adopt and revise such rules and regulations as may be necessary to enable it to carry into effect the provisions of this Chapter. Such rules and regulations shall be promulgated in accordance with the Administrative Procedure Act.

B. The rules and regulations shall be submitted to the House and Senate Committees on Health and Welfare.

C. Upon request of the board, the department shall provide advice, information, and assistance to the board concerning rules to be promulgated by the board.

Acts 2004, No. 248, §1, eff. June 15, 2004.
La. Rev. Stat. § 40:1485.3 — LA Code / Code revised-statutes / Title 40 / Section 1485.3
Reporting rider injury
Status: in_force

A. A rider, or his parent or guardian on the rider's behalf, shall report in writing to the owner any injury sustained on a carnival or amusement ride before leaving the owner's premises, including:

(1) The name, address, and phone number of the injured person.

(2) A full description of the incident, the injuries claimed, any treatment received, and the location, date, and time of the injury.

(3) The cause of the injury, if known.

(4) The names, addresses, and phone numbers of any witnesses to the incident.

B. If the rider, or his parent or guardian on a rider's behalf, is unable to file a report because of the severity of his injuries, he shall file the report as soon as reasonably possible.

C. The failure of a rider, or his parent or guardian on a rider's behalf, to report an injury as required by this Section shall have no effect on the rider's right to commence a civil action.

Acts 2003, No. 928, §1.
La. Rev. Stat. § 40:5.10 — LA Code / Code revised-statutes / Title 40 / Section 5.10
Oyster Sanitation Dedicated Fund Account
Status: in_force

A. There is hereby established a special statutorily dedicated fund account in the state treasury to be known as the Oyster Sanitation Dedicated Fund Account, hereinafter referred to as the "account". The account shall consist of monies received by virtue of the surcharge assessed pursuant to R.S. 30:2075.1, such monies as may be appropriated to it by the legislature, and monies received by the account from grants and donations. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

B. Monies in the account shall be invested by the state treasurer in accordance with the law, and shall comply with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund. Subject to Article VII, Section 9 of the Constitution of Louisiana, the investment earnings on account monies shall be credited to the account. The treasurer shall advise the governor and the legislature of the status of the account thirty days prior to each regular session of the legislature and at any other time upon their request.

C. Upon request of the secretary of either department named herein, and pursuant to appropriation by the legislature, the treasurer shall disburse monies from the account to the Louisiana Department of Health or the Department of Wildlife and Fisheries for projects or measures that protect, enhance, or restore sanitary conditions directly related to the molluscan shellfish industry.

D. Monies from the account may not be used other than for the sanitation purposes authorized in Subsection C of this Section, or investment authorized in Subsection B of this Section.

Acts 1993, No. 911, §2, eff. June 23, 1993; Acts 2021, No. 114, §10, eff. July 1, 2022.
La. Rev. Stat. § 40:1496.13 — LA Code / Code revised-statutes / Title 40 / Section 1496.13
Natchitoches Parish Fire Protection Districts; additional members on board of commissioners
Status: in_force

Notwithstanding any provision of this Part or other law to the contrary, but otherwise in accordance with the provisions of this Part, the police jury of the parish of Natchitoches is authorized to appoint two additional members to the board of commissioners of each fire protection district within the parish.

Acts 1987, No. 195, §1.
La. Rev. Stat. § 40:2120.20 — LA Code / Code revised-statutes / Title 40 / Section 2120.20
Minimum standards; prohibited actions
Status: in_force

A. The department, by rule, shall establish minimum standards for the operation of nurse staffing agencies. Those standards shall include but are not limited to the following:

(1) The maintenance of written policies and procedures.

(2) The development of personnel policies, which include a personal interview, a reference check, and an annual evaluation of each employee or contracted staff.

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

(4) Survey and complaint investigations.

(5) Provisions for denial, revocation, suspension, and nonrenewal of licenses, and appeals thereof.

(6) Such other standards or regulations that will ensure proper care and treatment of patients, clients, and persons receiving services.

B. Each nurse staffing agency shall have a nurse serving as a manager or supervisor of all nurses and certified nurse aides.

C. Each nurse staffing agency shall ensure that its employees or contracted staff meet the minimum licensing, training, and orientation standards for which those employees or contracted staff are licensed or certified.

D. A nurse staffing agency shall not employ, assign, or refer for use in a healthcare facility in this state a nurse or certified nurse aide unless the nurse or certified nurse aide is certified or licensed in accordance with the applicable provisions of state and federal laws or regulations. Each certified nurse aide shall comply with all pertinent regulations of the department relating to the health and other qualifications of personnel employed in healthcare facilities.

E. The department may adopt rules to monitor the usage of nurse staffing agency services to determine their impact.

F.(1) Nurse staffing agencies are prohibited from requiring, as a condition of employment, assignment, or referral, that their employees or contracted staff recruit new employees for the nurse staffing agency from among the permanent employees of the healthcare facility to which the nurse staffing agency employees or contracted staff have been assigned or referred.

(2) The healthcare facility is prohibited from requiring, as a condition of employment, its employees to recruit nurse staffing agency employees or contracted staff to become permanent employees at the healthcare facility.

G. Nurse staffing agencies are prohibited from offering or providing financial incentives to their employees or contracted staff for the purpose of inducing permanent employees of healthcare facilities to which they are assigned to become employed or enter into a contract with the nurse staffing agency.

H.(1) Except as provided in Paragraph (2) of this Subsection, a nurse staffing agency shall not require, in any contract with a nurse staffing agency employee or contracted staff or a facility to which the employee or staff is assigned, the payment of a fee if the employee or contracted staff is hired as a permanent employee of the facility.

(2)(a) A nurse staffing agency may require the payment of a fee if the fee is payable solely by the facility and the contract with the facility specifies that the amount will be reduced pro-rata based on the length of time the nurse staffing agency employee or contracted staff performs services for the facility while in the employment of the nurse staffing agency. The fee shall be reduced to zero over a period of time not to exceed eighteen weeks from the date of the nurse staffing agency's initial assignment of the employee or contracted staff to the facility.

(b) A nurse staffing agency shall not charge a fee if a nurse staffing agency employee or contracted staff was employed by a facility as a permanent employee less than thirty days immediately preceding the agency's initial assignment of the employee or contracted staff to the facility.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:2195.1 — LA Code / Code revised-statutes / Title 40 / Section 2195.1
State office of rural health
Status: in_force

A. Within the Louisiana Department of Health, the Louisiana state office of rural health shall:

(1) Administer the community-based and rural health care program as provided in R.S. 40:2195 et seq.

(2) Provide state general funds, as appropriated, to qualified grantees for programs to increase access to primary and preventive health care in rural areas.

(3) Provide state general funds, as appropriated, to qualified grantees as start-up funding for establishing primary care health clinics to serve low-income citizens, particularly in rural areas.

(4) Provide state general funds, as appropriated, to qualified grantees as matching funds for grants designed to provide health services to low-income citizens, particularly in rural areas.

(5) Provide technical assistance and grants to aid qualified rural hospitals in attaining designation as critical access hospitals in accordance with the Medicare rural hospital flexibility program, as provided in 42 U.S.C. 1395i-4.

(6) Provide statewide technical assistance in conjunction with the Louisiana Rural Health Association on establishment of rural health clinics and on grant writing, especially related to rural health outreach grants, telehealth grants, and other grants available to increase rural health access.

(7) Participate in Robert Wood Johnson Foundation's southern rural access program and similar programs to improve access to health services for the rural population.

(8) Initiate efforts for recruitment and retention of primary care professionals through the state loan repayment program as provided in R.S. 40:1205.4, and any other similar programs to increase the number of healthcare professionals in rural areas.

(9) A primary function of this office shall be to increase the supply of physicians and other healthcare providers to the underserved areas of this state. This office may seek grants and financial inducements to entice medical students, nurse practitioners, physician assistants, and nurses to locate in the rural area. This office may seek funds for equipment and start-up costs for medical providers wishing to locate in underserved areas.

(10) Reorganization of the delivery of medical care shall be undertaken such that rural hospitals become centers of primary and preventive health delivery and medical services, including but not limited to medical education, immunizations, early detection of disease states, and dietary instruction.

(11) Develop and implement a strategic plan for the purposes of maintaining, enhancing, and expanding services currently offered by rural healthcare providers, including rural hospitals as defined in R.S. 40:1189.3, to obtain additional grants and funding from any and all public or private entities, including but not limited to the United States Department of Health and Human Services, the United States Department of Agriculture, and charitable organizations and foundations. In developing and implementing a strategic plan pursuant to this Paragraph, the secretary of the Louisiana Department of Health shall consult with rural healthcare provider organizations. In addition the secretary shall submit a report to the legislature at least sixty days prior to the beginning of each regular session of the legislature detailing the progress in implementing the strategic plan. The report shall also set out the goals and objectives of the strategic plan for the next state fiscal session including the level of funding necessary to achieve those goals and objectives.

B. It is further declared that the Louisiana strategic plan against poverty is the policy and responsibility of the state of Louisiana such that first priority shall be given to the comprehensive, coordinated use of resources, personnel, programs, and services to alleviate the pervasive, persistent poverty that limits the progress of the state and constricts the lives of its citizens. With this concerted effort, the state declares the alleviation of poverty in Louisiana to be its top priority and dedicates all of its resources to supporting and enhancing comprehensive community development in order to strengthen the state's economic and social fabric, thereby moving the state and its people forward.

C. The purpose of this Section is to stimulate business and industrial growth and provide for a better delivery of health and medical services in these areas of the state by the coordination of economic development and healthcare resources, whether such resources originate from state or federal plans or programs, and to create priority healthcare and economic development zones to better serve the citizens of the region.

Acts 2002, 1st Ex. Sess., No. 162, §2, eff. April 26, 2002; Acts 2018, No. 206, §4; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
La. Rev. Stat. § 40:2182 — LA Code / Code revised-statutes / Title 40 / Section 2182
Definitions
Status: in_force

As used in this Part:

(1) "Autonomous" refers to a separate and distinct operational entity which functions under its own administration and bylaws, either within or independently of a parent organization.

(2) "Core services" are nursing services, physician services, social work services, counseling services, and support services, including trained volunteers, and bereavement and pastoral care.

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

(4) "Hospice" means an autonomous, centrally administered, medically directed program providing a continuum of home, outpatient, and homelike inpatient care for the terminally ill patient and his family. It employs an interdisciplinary team to assist in providing palliative and supportive care to meet the special needs arising out of the physical, emotional, spiritual, social, and economic stresses which are experienced during the final stages of illness and during dying and bereavement.

(5) "Interdisciplinary team" includes representatives from all of the core services as evidenced by documentation, planning, and team meetings.

(6) "Palliative care" means the reduction or abatement of pain or other troubling symptoms by appropriate coordination of all services of the hospice care team required to achieve needed relief of distress.

(7) "Terminally ill" refers to a medical prognosis of limited expected survival, of approximately six months or less at the time of referral to a hospice, of an individual who is experiencing an illness for which therapeutic strategies directed toward cure and control of the disease alone are no longer appropriate.

Acts 1988, No. 941, §2.
La. Rev. Stat. § 40:2116.33 — LA Code / Code revised-statutes / Title 40 / Section 2116.33
Home health agencies; jurisdiction
Status: in_force

All home health agencies shall be under the jurisdiction of the Louisiana Department of Health, which shall provide the rules and regulations governing the operation of such agencies or organizations. However, nothing in this Part shall be construed to prohibit the delivery of personal care, homemaker, respite, and other in-home services by a person or entity not licensed under this Chapter unless provided with other home health services.

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §13; Acts 1984, No. 696, §1; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
La. Rev. Stat. § 40:2162.2 — LA Code / Code revised-statutes / Title 40 / Section 2162.2
Findings and purpose
Status: in_force

A. The legislature hereby finds and declares the following:

(1) It is the policy of this state to ensure delivery of sufficient support services in order to successfully transition adult patients with a primary diagnosis of mental illness from inpatient psychiatric facilities to the most appropriate outpatient setting.

(2) Repeated admissions of persons to inpatient psychiatric units is a significant problem which often results in inadequate care and a failure to stabilize the patient, especially if the patient is homeless or has unstable living arrangements.

(3) Community-based residential programs are a more cost-effective form of treatment and a more appropriate treatment option for persons with mental illness than emergency room visits, unnecessary long-term stays in psychiatric hospitals, and incarceration.

(4) Licensing of community-based residential programs to operate in state-owned residential buildings presents an opportunity for adaptive and innovative use of those buildings and for optimization of state resources.

(5) Persons with a mental illness who are treated in a psychiatric facility and released without a stable transitional plan of care are at high risk for hospitalization, incarceration, and psychiatric readmission.

(6) It is a fiscal and public health priority of this state to establish a licensing component for adult community-based residential facilities which has historically been missing in the continuum of services for adults with a primary diagnosis of mental illness.

B. The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and adopt rules, regulations, and standards to license and regulate facilities to be operated as community-based care facilities in order to provide for the health, safety, and welfare of persons with mental illness.

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:1085.4 — LA Code / Code revised-statutes / Title 40 / Section 1085.4
Duties of health officer
Status: in_force

The local health officer shall:

(1) Investigate each case filed with him in pursuance of this Subpart and any other such case which comes to his attention.

(2) Report all cases of ophthalmia neonatorum and the result of his investigations thereon, as directed by the department.

(3) Conform to any other rules and regulations on this subject that the secretary of the department promulgates for his further guidance.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1104 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1133.9 — LA Code / Code revised-statutes / Title 40 / Section 1133.9
Injunction
Status: in_force

The commission, through the bureau, may obtain an injunction without bond forbidding any person from violating or continuing to violate any of the provisions of this Part. This injunction shall not be subject to release upon bond.

Acts 1997, No. 913, §2; Redesignated from R.S. 40:1232.8 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1111.1 — LA Code / Code revised-statutes / Title 40 / Section 1111.1
Short title
Status: in_force

This Part shall be known and may be cited as the "Hepatitis C Education, Prevention, Screening, and Treatment Act".

Acts 1999, No. 796, §1; Acts 2001, No. 940, §1; Redesignated from R.S. 40:1300.161 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1081.1 — LA Code / Code revised-statutes / Title 40 / Section 1081.1
Programs for combating phenylketonuria, congenital hypothyroidism, galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions
Status: in_force

A. The Louisiana Department of Health is hereby authorized and directed to establish, maintain, and carry out programs designed to reduce mortality and morbidity from sickle cell disease and to prevent central nervous system damage in children with phenylketonuria, congenital hypothyroidism, biotinidase deficiency, galactosemia and genetic conditions tested under the authority of R.S. 40:1081.2(B).

B.(1) The Louisiana Department of Health shall establish and maintain a diagnostic laboratory for each of the following purposes:

(a) Conducting experiments, projects, and other undertakings as may be necessary to develop tests for the early detection of phenylketonuria, congenital hypothyroidism, galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions.

(b) Developing ways or discovering methods to be used for the prevention and treatment of these diseases.

(c) Such other purposes as may be deemed necessary by the department to carry out any program adopted under the authority of this Subpart, including conducting experiments, projects, and other undertakings as may be necessary to develop tests for genetic conditions made part of the battery of tests by the Louisiana Department of Health under R.S. 40:1081.2(B).

(2) Notwithstanding the foregoing, the term "prevention" as used with respect to sickle cell anemia shall not mean mandatory sterilization or abortion.

C. The department is authorized to adopt rules and regulations necessary to carry out any program which may be established.

D. The Louisiana Department of Health shall establish a program for informing physicians and hospitals of the current medical standards for diagnosing and treating children who exhibit clinical symptoms which suggest the existence of galactosemia. This program shall be established in consultation with and shall be based on the recommendations of the Louisiana Hospital Association and the Louisiana State Medical Society.

Acts 1964, No. 269, §1. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1981, No. 430, §1; Acts 1982, No. 375, §1; Acts 1984, No. 265, §2; Acts 1987, No. 598, §1, eff. July 9, 1987; Acts 1989, No. 91, §1; Acts 1991, No. 729, §1; Acts 1993, No. 997, §1; Acts 1999, No. 328, §1; Redesignated from R.S. 40:1299 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1173.2 — LA Code / Code revised-statutes / Title 40 / Section 1173.2
Definitions
Status: in_force

As used in this Subpart, the following terms have the meaning ascribed to them in this Section:

(1) "Confidential information" means at least one of the following:

(a) Patient-level data elements that could be used alone or in combination with other available data elements to identify a patient.

(b) Information requested that the department determines will be utilized for business or commercial purposes, including but not limited to market analysis and software development.

(c) Protected health information as defined in the HIPAA Privacy Rule, 45 CFR Part 164, and R.S. 29:762.

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

(3) "HIPAA" means the Health Insurance Portability and Accountability Act, Pub. L. 104-191.

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

Acts 1997, No. 622, §1, eff. July 3, 1997; Acts 2007, No. 410, §1; Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.112 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1086.3 — LA Code / Code revised-statutes / Title 40 / Section 1086.3
Information for parents of newborns; birthing center requirements
Status: in_force

A. Every birthing center, hospital, and licensed midwife shall share resources with each maternity patient and father of a newborn child, if available, regarding shaken baby syndrome and sudden unexpected infant death.

B.(1) The department shall promulgate all rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Subpart. At minimum, the rules of the department shall designate the compendium of resources approved for use by birthing centers, hospitals, and licensed midwives to meet the requirements of Subsection A of this Section. The compendium of resources shall, collectively, address all of the following:

(a) The dangers of shaking infants and children.

(b) The symptoms of shaken baby syndrome.

(c) The dangers associated with rough handling or striking of an infant.

(d) Safety measures which can be taken to prevent sudden unexpected infant death.

(e) The risks associated with infants sleeping in the same bed with other children or adults.

(2) The department shall ensure that all approved resources provided for in this Subsection are publicly available, through the department's website or any other means, to birthing centers, hospitals, and licensed midwives.

Acts 2016, No. 506, §1.
La. Rev. Stat. § 40:1730.45 — LA Code / Code revised-statutes / Title 40 / Section 1730.45
Adoption of State Building Energy Conservation Code; enforcement; rules
Status: in_force

A. The International Energy Conservation Code, 2021 edition, or latest edition promulgated by the Louisiana State Uniform Construction Code Council, as defined by R.S. 40:1730.28(A), with state amendments, is hereby adopted as the State Building Energy Conservation Code.

B.(1) For state-owned facilities, statewide enforcement of the provisions of this Part shall be the responsibility of the facility planning and control section of the division of administration.

(2) No construction shall commence on any new state-owned facility unless the facility planning and control section of the division of administration has determined that the building plans, specifications, and energy code compliance documents are in compliance with the State Building Energy Conservation Code.

(3) No alterations or repairs to any existing state-owned facility shall commence unless the facility planning and control section of the division of administration has determined that the building plans, specifications, and energy code compliance documents for that portion being altered or repaired are in compliance with the applicable part of the State Building Energy Conservation Code.

C. The facility planning and control section of the division of administration shall have the power to promulgate rules and regulations necessary to enforce the provisions of this Part.

Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2007, No. 110, §1, eff. June 22, 2007; Acts 2012, No. 562, §1; Acts 2022, No. 635, §1.
La. Rev. Stat. § 40:1484.24 — LA Code / Code revised-statutes / Title 40 / Section 1484.24
Violations and penalties; cease and desist order; injunctive relief
Status: in_force

A. If the state fire marshal finds that any person, operator, inspector, or firm has violated any provision of this Part or any regulation, rule, or issued order, he may impose upon that person, operator, inspector, or firm a fine in an amount not to exceed five thousand dollars for each violation. Each day on which the violation occurs is considered a separate offense.

B.(1) In addition to or in lieu of administrative sanctions and civil penalties provided in this Part, the state fire marshal is empowered to issue an order to any person, operator, inspector, or firm engaged in any activity, conduct, or practice constituting a violation of any provision of this Part, directing the person, operator, inspector, or firm to cease and desist from the activity, conduct, or practice. The order shall be issued in the name of the state of Louisiana under the official seal of the state fire marshal.

(2) If the person, operator, inspector, or firm to whom the state fire marshal directs a cease and desist order does not cease and desist the prohibited activity, conduct, or practice immediately after service of the cease and desist order by certified mail or personal service, the state fire marshal may seek, in any court of competent jurisdiction and proper venue, a writ of injunction enjoining the person, operator, inspector, or firm from engaging in any activity, conduct, or practice prohibited by this Part.

(3) Upon a proper showing by the state fire marshal that a person, operator, inspector, or firm has engaged in any activity, conduct, or practice prohibited by this Part, the court shall issue a temporary restraining order restraining the person, operator, inspector, or firm from engaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing, commanding the cessation of the unlawful activity, conduct, or practices.

(4) A temporary restraining order, preliminary injunction, or permanent injunction issued as provided in this Part is not subject to being released upon bond.

(5) In the suit for an injunction, the state fire marshal may demand of the defendant a penalty of fifty dollars per day for each violation, reasonable attorney fees, and court costs. Judgment for penalty, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made final.

C. In addition to the foregoing provisions, the state fire marshal may assess civil penalties attributable to the operator of an inflatable amusement device, amusement ride, or amusement attraction to the owner or lessee of the site on which the inflatable amusement device, amusement attraction, or amusement ride is located, if the owner or lessee of the site failed to reasonably determine that the operator of the inflatable amusement device, amusement ride, or amusement attraction is in proper compliance with the requirements of this Part.

D. Procedures for the imposition of fines and appeals of such fines shall be governed in accordance to the Administrative Procedure Act.

Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:600.86 — LA Code / Code revised-statutes / Title 40 / Section 600.86
Short title; findings; purpose
Status: in_force

A. This Chapter shall be known and may be referred to as the "Louisiana Housing Corporation Act".

B.(1) The legislature hereby finds and declares that there exists in the state of Louisiana a serious shortage of affordable, accessible, decent, safe, and sanitary residential housing that is in compliance with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §12131 et seq., the Fair Housing Act, 42 U.S.C.A. §3601 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C.A. §794.

(2) The legislature hereby finds and declares further that private enterprise and investment unaided has not been able to produce the needed construction of decent, safe, accessible, and sanitary residential housing at prices which persons and families of low or moderate income can afford, or to achieve the urgently needed rehabilitation of existing inadequate and substandard residential housing. The legislature further finds and declares that it is imperative that the supply of residential housing for persons and families of low or moderate income, senior citizens and persons with disabilities, that is in compliance with Title II of the Americans with Disabilities Act, 42 U.S.C.A. §12131 et seq., the Fair Housing Act, 42 U.S.C.A. §3601 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C.A. §794, be increased substantially and that private enterprise and investors be encouraged to sponsor, build, and rehabilitate residential housing for such persons and families.

(3) The legislature hereby finds and declares further that a major cause of the shortage of residential housing is the inadequate supply of funds available from private mortgage lenders for residential housing mortgage loans at interest rates within the financial means of persons and families of low or moderate income.

(4) The legislature hereby finds and declares that the limited resources available directly to the state or its agencies may be more effectively and efficiently utilized if a single corporation is authorized and directed to coordinate housing programs administered by the state or its agencies and instrumentalities.

(5) The legislature hereby finds and declares further that additional financial resources and technical skills must be available in local communities if the state is to mobilize the capacity of the private sector, including nonprofit community housing development organizations, to provide a more adequate supply of decent, safe, affordable, accessible, and sanitary housing.

(6) The legislature hereby finds and declares further that state leadership is needed to achieve an adequate supply of affordable and accessible housing for all residents of the state and that such leadership shall be provided through the corporation.

(7) The legislature hereby finds and declares further that this corporation should have the maximum amount of flexibility, responsibility, and discretion to assure that all the residents of the state shall have access to decent, safe, sanitary, accessible, and affordable housing; therefore, in carrying out the purposes of this Chapter, the corporation shall be presumed to possess broad powers and legal prerogatives which enable the corporation to carry out its purposes directly or indirectly through one or more nonprofit subsidiaries.

(8) The legislature hereby finds and declares further that a major cause of the shortage of residential housing available for persons and families of low or moderate income is the lack of a coordinated approach and clear statewide policy regarding funds for such residential housing.

(9) The legislature hereby finds and declares further that providing housing for citizens with disabilities and senior citizens is a crucial responsibility of the state and that any coordinated approach or clear statewide policy regarding funds for residential housing shall take into account assuring that such housing remains available and affordable for senior citizens and persons with disabilities.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:399 — LA Code / Code revised-statutes / Title 40 / Section 399
Continuation of operations after commenced
Status: in_force

Any housing development established by a housing authority pursuant to law shall continue to be maintained and operated by the housing authority so establishing the development or its designee unless the development is conveyed to another housing authority or to a municipality, parish, or other public agency or is otherwise disposed of in accordance with law.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1300.36 — LA Code / Code revised-statutes / Title 40 / Section 1300.36
Duty of others
Status: in_force

A. Any person, other than a law enforcement officer or medical practitioner, who finds a disabled person shall make a reasonable effort to notify a law enforcement officer or medical practitioner. If a law enforcement officer or medical practitioner is not present, any person who finds a disabled person may make a reasonable search for an identifying device, and, if the identifying device is found, may make a reasonable search for an identification card of the type described in Section 1300.33(B). If a device or card is located, the person making the search shall attempt promptly to bring its contents to the attention of a law enforcement officer or medical practitioner.

B. There shall be no cause of action arising from a reasonable search to locate an identifying device or identification card as authorized by Subsection A of this Section.

C. The duties imposed by this Section shall be in addition to, and not in limitation of, any other duties existing under the laws of this state.

Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.76 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1259.1 — LA Code / Code revised-statutes / Title 40 / Section 1259.1
Menopausal care; Medicaid coverage
Status: in_force

A. The Louisiana Department of Health shall make available to persons who are eligible for Medicaid benefits under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., coverage benefits for hormonal care for any woman who is experiencing menopausal or perimenopausal symptoms.

B. The symptoms for which such funding shall be made available include but are not limited to the following:

(1) Irregular menstrual periods.

(2) Hot flashes.

(3) Vaginal or bladder problems.

(4) Decrease in fertility.

(5) Loss of bone.

(6) Increase in low-density lipoprotein cholesterol levels.

(7) Sleep disruption, which includes night sweats.

C. For the purposes of this Part, the following definitions apply:

(1) "Menopause" means the permanent cessation of menstruation due to loss of ovarian follicular function. During menopause, ovaries stop releasing eggs and the body produces less estrogen and progesterone.

(2) "Perimenopause" means the transition period in which a woman is near the end of her reproductive years or at the onset of menopause.

D. The Louisiana Department of Health may seek approval of a federal Medicaid waiver and state plan amendments as may be necessary to implement the provisions of this Section.

Acts 2024, No. 784, §2.
La. Rev. Stat. § 40:2115.17 — LA Code / Code revised-statutes / Title 40 / Section 2115.17
Criteria for decision; attorney general
Status: in_force

A. The attorney general shall approve the application unless he finds that the acquisition is not in the public interest. An acquisition is not in the public interest unless appropriate steps have been taken to safeguard the value of charitable assets and ensure that any proceeds of the transaction are used for appropriate health care purposes as provided for in R.S. 40:2115.18.

B. In determining whether the acquisition meets such criteria under this Subpart, the attorney general shall consider:

(1) Whether the hospital's board of directors exercised due diligence in deciding to sell, selecting the purchaser, and negotiating the terms and conditions of the sale.

(2) The procedures used by the seller in making its decision, including whether appropriate expert assistance was used.

(3) Whether conflict of interest was disclosed, including but not limited to conflicts of interest related to board members of, executives of, and experts retained by the seller, purchaser, or parties to the acquisition.

(4) Whether the seller will receive fair value for its assets; provided that the attorney general may employ, at the seller's expense, reasonably necessary expert assistance in making this determination.

(5) Whether funds are placed at unreasonable risk, if the acquisition is financed in part by the seller.

(6) Whether any management contract under the acquisition is for fair value.

(7) Whether the sale proceeds will be used for appropriate health care purposes consistent with the seller's original purpose or for the support and promotion of health care in the affected community and whether the proceeds will be controlled as funds independently of the purchaser or parties to the acquisition.

(8) Whether any corporation established to hold the proceeds of the sale will be broadly based in the community and be representative of the affected community, taking into consideration the structure and governance of such corporation.

(9) Whether a right of first refusal to repurchase the assets by a successor corporation or foundation has been retained if the hospital is subsequently sold to, acquired by, or merged with another entity.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:1462 — LA Code / Code revised-statutes / Title 40 / Section 1462
Bond requirement
Status: in_force

A. Each private driving school shall execute a good and sufficient surety bond with a surety company qualified to do business in Louisiana as surety, in the sum of twenty thousand dollars if such surety bond is available for purchase. Such bond shall name the Department of Public Safety and Corrections, office of motor vehicles, as obligee and shall be subject to the condition that, if the private driving school or any of the private driving school's instructors fail to perform any services the school agreed to provide to a student or a student's parent, that student, or the parent in case the student is a minor, may recover the private driving school fees from the bond by filing a claim through the department against the bond. If the company fails to meet the conditions of the bond, the obligation of the surety shall remain in full force and effect. A private driving school with multiple locations shall furnish only a single surety bond.

B. The surety bond furnished as required in this Section shall be delivered to and filed with the Department of Public Safety and Corrections, office of motor vehicles.

Acts 2014, No. 307, §1; Acts 2015, No. 99, §1.
La. Rev. Stat. § 40:1721 — LA Code / Code revised-statutes / Title 40 / Section 1721
Declaration of policy
Status: in_force

In order to insure the public health and safety and to facilitate the efficient use of state funds in the new construction, alterations, additions for renovations of state buildings, there is hereby created a Louisiana Building Code for State Owned Buildings consisting of the various building codes and standards designated in this Part.

The provisions of this Part should not be construed to supercede any local building codes or standards except as they apply to state owned buildings.

Added by Acts 1975, No. 706, §1.
La. Rev. Stat. § 40:979 — LA Code / Code revised-statutes / Title 40 / Section 979
Attempt and conspiracy
Status: in_force

Any person who attempts or conspires to commit any offense set forth in the provisions of this Part shall, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted, but such fine or imprisonment shall not exceed one-half of the longest term of imprisonment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 632, §1; Acts 2001, No. 403, §4, eff. June 15, 2001; Acts 2018, No. 199, §1.
La. Rev. Stat. § 40:1187.1 — LA Code / Code revised-statutes / Title 40 / Section 1187.1
Notification of law enforcement agency prior to discharge of a person issued a summons or arrest warrant and admitted to a hospital
Status: in_force

A. A hospital shall notify the appropriate arresting or investigating law enforcement agency that a doctor has ordered the discharge of a patient from the hospital as soon as reasonably possible after the order has been written, if all of the following conditions exist:

(1) The law enforcement agency has certified in writing that the patient has been issued a summons or arrest warrant for an offense, but as a result of the need for emergency medical care, the warrant has not been executed prior to admission to the hospital.

(2) The law enforcement agency has provided the hospital with a written request to be informed upon the discharge of the patient from the hospital.

(3) The law enforcement agency has provided contact information for use by the hospital in making the notification.

B. No hospital shall be held civilly liable to any person for failure to comply or to timely comply with the requirements of this Section unless that failure is intentional or due to gross negligence.

C. As used in this Section, "hospital" means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons.

Acts 2006, No. 327, §1; Redesignated from R.S. 40:1300.271 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1666.5 — LA Code / Code revised-statutes / Title 40 / Section 1666.5
Fireman's Supplemental Pay Board
Status: in_force

A. There is hereby created a Fireman's Supplemental Pay Board, hereinafter referred to as the board, which shall consist of seven persons appointed by the governor. Each appointment by the governor shall be submitted to the Senate for confirmation. In making his appointments, the governor shall select three persons who are members in good standing of the Professional Firefighters Association of Louisiana, two persons who are members in good standing of the Louisiana State Fireman's Association, and two persons who are members in good standing of the Louisiana Fire Chiefs Association. The board shall elect a chairman from its membership to serve a two-year term.

B. Each member of the board shall serve a term concurrent with that of the governor appointing him.

C. Repealed by Acts 1997, No. 740, §1.

D. If more than thirty days have passed since the governor has been notified of a vacancy on the board and no new appointment has been made or if more than thirty days have passed since the governor has taken his oath of office for the term and no initial appointment for that position for that term has been made, then a member in good standing of the same firefighter's or fire chief's organization as the member who created the vacancy or whose term expired, as applicable, shall be appointed by such organization so that the board shall at all times consist of three persons who are members in good standing of the Professional Firefighters Association of Louisiana, two persons who are members in good standing of the Louisiana State Fireman's Association, and two persons who are members in good standing of the Louisiana Fire Chiefs Association. Any member serving pursuant to the provisions of this Subsection shall serve until the governor makes his appointment for such position pursuant to Subsection A of this Section.

E. A majority of the board shall constitute a quorum for the transaction of any and all business of the board; and the members of the board shall elect their chairman and vice-chairman.

Acts 1967, No. 82, §2. Amended by Acts 1977, No. 242, §1, eff. July 6, 1977; Acts 1980, No. 770, §1, eff. July 31, 1980; Acts 1997, No. 740, §1; Acts 1999, No. 964, §1, eff. July 1, 1999; Acts 2003, No. 774, §8; Redesignated from R.S. 33:2006. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 138, §1, eff. Jan. 8, 2024.
La. Rev. Stat. § 40:1499 — LA Code / Code revised-statutes / Title 40 / Section 1499
General powers and duties of board
Status: in_force

The board shall adopt its rules and procedure and fix the time and place of its regular meetings. Generally, it has such powers and shall perform such duties as are customary for the governing bodies of taxing districts and political subdivisions, including the right to levy taxes and to operate and control the property acquired by the district. It may do all things necessary to carry out the purposes for which the district was created.

Amended by Acts 1975, No. 17, §1.
La. Rev. Stat. § 40:528 — LA Code / Code revised-statutes / Title 40 / Section 528
Disclosure to residents and applicants; limitations
Status: in_force

Any applicant or recipient of assistance from a housing authority may examine his or her individual file or files at reasonable times and intervals. However, a local housing authority shall have no obligation to disclose to any resident or recipient of assistance any information pertaining to any investigation or confidential law enforcement activity relating to possible criminal misconduct on the part of such person.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1391 — LA Code / Code revised-statutes / Title 40 / Section 1391
Exchange of information; interstate compacts for police protection
Status: in_force

The employees of the division shall cooperate and exchange information with any department or authority of the state or with other police forces, both within this state and outside it and with federal police forces, toward the end of achieving greater success in preventing and detecting crimes and apprehending criminals.

The department of public safety may, on request of any chief police officer of any local government unit in the state, assist such officer in the investigation of the circumstances of any crime and in the identification, apprehension, and conviction of the perpetrators thereof. For this purpose it may detail such employees of the division of state police for such length of time as it sees fit.

The department may, when so authorized by the governor, negotiate with appropriate officials of other states in the preparation of interstate compacts for police protection as authorized by the Act of June 6, 1934 (48 Stat. 909, c. 406; U.S. Code, Title 18, section 420),* or other Acts of Congress. Such compacts as are negotiated shall be submitted to the governor and legislature for approval.

*Now 4 U.S.C.A. §112.
La. Rev. Stat. § 40:53 — LA Code / Code revised-statutes / Title 40 / Section 53
Foreign permits; death outside state
Status: in_force

When the death or spontaneous fetal death (stillbirth) occurred outside this state and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and the regulations in force at the place where the death or stillbirth occurred, the body may be transported into or through this state. However, before the interment, cremation, or other disposal of the body within the state, the out of state permit shall be endorsed by the local registrar. The local registrar shall keep an appropriate record of all such permits endorsed by him.

Acts 1979, No. 776, §1.
La. Rev. Stat. § 40:2102 — LA Code / Code revised-statutes / Title 40 / Section 2102
Definitions
Status: in_force

As used in this Part:

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

(2) "Hospital" means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons. The term "hospital" does not include the following:

(a) Physicians' offices or clinics where patients are not regularly kept as bed patients for twenty-four hours or more.

(b) Nursing homes as defined by and regulated under the provisions of R.S. 40:2009.1 through 2009.12.

(c) Persons, schools, institutions, or organizations engaged in the care and treatment of children with intellectual disabilities and which are required to be licensed by the provisions of the Developmental Disability Law (R.S. 28:451.1 et seq.).

(d) Hospitalization or care facilities maintained by the state at any of its penal and correctional institutions provided that nothing herein contained shall prevent a penal or correctional institution from applying for licensure of its hospitalization or care facility.

(e) Hospitalization or care facilities maintained by the federal government or agencies thereof.

(f) Hospitalization or care facilities maintained by any university or college provided that nothing herein contained shall prevent any college or university from applying for licensure of its hospitalization or care facility.

(g) Any other entity licensed for the diagnosis, treatment, or care of persons admitted for overnight stay.

(3) "Person" means the state, and any political subdivision or municipal corporation thereof, an individual, firm, partnership, corporation, company, association or joint stock association, or the legal successor thereof.

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

Added by Acts 1961, No. 90, §1. Amended by Acts 1966, No. 524, §1; Acts 1977, No. 680, §56; Acts 1992, No. 806, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:508 — LA Code / Code revised-statutes / Title 40 / Section 508
Property of housing authorities; limitation on access
Status: in_force

In order to protect the safety and security of its property and to protect the right of its residents and other tenants to the quiet enjoyment of their property, and the safety and security of their persons and property, a local housing authority may, in addition to any other power or authority contained in this Chapter, limit access to any development or other authority property by persons who are not any of the following: residents or their permitted guests, or employees of the local housing authority, its guests, law enforcement officers, or other persons conducting official business.

Acts 1986, No. 637, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1400 — LA Code / Code revised-statutes / Title 40 / Section 1400
Accessible parking enforcement
Status: in_force

A. There is hereby established within the office of state police of the Department of Public Safety and Corrections an accessible parking enforcement program. The purpose of the program shall be training and utilizing volunteers in the enforcement of accessible parking restrictions, particularly those established pursuant to R.S. 40:1742. The office shall operate the program in the manner and subject to the limitations and provisions of this Section.

B. The program shall become operative if and when funds are transferred to the office of state police from the office of disability affairs for such purpose.

C. The program shall incorporate a training program, to be offered at each troop headquarters, incorporating matters relevant to volunteers recognizing and collecting evidence on violations of accessible parking restrictions. Such training shall include training in legal matters with respect to violations of accessible parking restrictions and personal safety matters. Volunteers shall be trained to identify violators and to collect information necessary to provide evidence of violation, including vehicle identification information, all legal matters relevant to identifying a properly marked restricted parking area and a violation thereof, the collection of photographic information which would be sufficient to establish a presumption of a violation, and matters of personal safety and ethics. The training course may be offered as often as the police troop deems necessary to serve potential volunteers who have requested enrollment in the course.

D. Upon completion of such training, an individual volunteer who identifies an apparent violation of accessible parking restrictions may collect information on such violation, including vehicle identification information and photographs of the violation and may then submit such information to the appropriate office at the respective state police troop headquarters in accordance with procedures established for the program by the office of state police.

E. Upon identification of the owner of the vehicle, the state police shall send by registered mail, return receipt requested, to the owner a citation for the parking violation. Such citation shall include information on the submission of fines and how the individual may contest the citation. Each troop of the state police may train and utilize volunteers in any aspect of the program which it deems appropriate and for which volunteers offer their services, including clerical responsibilities associated with the processing of information relative to violations of accessible parking restrictions and in the dissemination of citations.

F. The office of state police shall establish and promulgate rules and regulations necessary for the operation of the program in accordance with the Administrative Procedure Act. Such rules may include the establishment of a minimum number of participants who must enroll in the training course before such course is offered, criteria for successful completion of the course, certification of successful completion, procedures for identification of persons who have completed the course and who are thereby authorized to submit information relative to violations of accessible parking restrictions, procedures for the submission and processing of such information, and any other matter which the office deems necessary or convenient for successful operation of the program.

G. The office of state police may utilize funds to promote the program for the purpose of soliciting volunteers, for salaries of police personnel involved in the program, materials, and supplies necessary for operation of the program, and any other purpose authorized by the office of disability affairs.

H. Neither the office of state police nor any troop or office thereof shall be liable for any injury to any volunteer participating in the program. The office of state police may provide for a waiver to such effect to be signed by volunteers in the program.

I. The office of state police shall annually submit a report to the office of disability affairs describing the activities of the program including number of volunteers trained, number of citations issued pursuant to the program, expenses incurred by the state police in the implementation of the program, and any other information required by the office of disability affairs.

Acts 1995, No. 812, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:4.8 — LA Code / Code revised-statutes / Title 40 / Section 4.8
Voluntary sanitary inspections of food booths
Status: in_force

A.(1) The Louisiana Department of Health shall inspect and may permit food booths at recognized Louisiana fairs and festivals for compliance with the special event food and beverage preparation regulations upon written request and signed agreement from the officials or organizations operating or directing such fairs or festivals. Such inspections shall be voluntary on the part of the officials or organizers of the fairs and festivals. The department shall exercise the enforcement powers authorized by the state's sanitary code when complying with a request and agreement executed in accordance with this Section.

(2) The department may establish and charge reasonable fees for such inspections consistent with current administrative regulations. Such fee shall not exceed twenty-five dollars per fair or festival.

B. Neither the department nor the state shall be liable for a failure to inspect any fair or festival when the officials or organizations operating or directing such fair or festival fail to make a written request and execute a signed agreement for such inspection pursuant to this Section.

Acts 1988, No. 644, §1, eff. Jan. 1, 1989.
La. Rev. Stat. § 40:1248.9 — LA Code / Code revised-statutes / Title 40 / Section 1248.9
Local hospital assessment payments; collection
Status: in_force

Unless the parish engages an appropriate collection entity, the parish shall collect the local hospital assessment payment authorized by this Subpart. If a sheriff serves as the collection entity, the sheriff may charge and deduct from local hospital assessment payments a reasonable and customary fee for collecting those payments.

Acts 2020, No. 330, §1; Acts 2025, No. 196, §1, eff. June 8, 2025.
La. Rev. Stat. § 40:9 — LA Code / Code revised-statutes / Title 40 / Section 9
Arrests for violations
Status: in_force

A. Any inspector, officer, or employee of the state health officer may arrest, without warrant, all persons violating any rule or regulation of the state health officer or any article or provision of the sanitary code, when the violation occurs within his sight, view, or personal knowledge. When the violation does not so occur, he may arrest only in execution of a warrant duly issued in accordance with the provisions of this Part or by a competent judicial authority.

B. All law enforcement officers shall aid in the apprehension of persons violating the provisions of the sanitary code or any rule or regulation of the state health office. These officers shall themselves arrest and apprehend all offenders committing such violations in their view or sight or within their personal knowledge.

Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2116.2 — LA Code / Code revised-statutes / Title 40 / Section 2116.2
Nursing facilities; cost effective measures
Status: in_force

The Louisiana Department of Health may promulgate rules to accomplish cost effectiveness of beds that include but are not limited to the following:

(1) A bed abeyance program to reduce nursing facility beds by ten percent or more. Such an abeyance program shall include a timeframe in which a determination is made as to whether beds should be brought out of abeyance based upon a ninety-three percent occupancy rate within a service area.

(2) An increase in the minimum occupancy level required for a nursing facility to fully recover its capital cost.

(3) A buy-back program, provided such a buy-back program is approved by the Centers for Medicare and Medicaid Services and is eligible for federal funds participation.

(4) A bed exchange program that allows a nursing facility to create adult residential care beds based on the permanent elimination of existing nursing facility beds.

Acts 2022, No. 531, §1.
La. Rev. Stat. § 40:600.67 — LA Code / Code revised-statutes / Title 40 / Section 600.67
Excess earnings
Status: in_force

Any net earnings of The Road Home Corporation beyond that necessary for The Road Home Corporation to implement the purposes of this Chapter shall inure to the benefit of The Road Home Program.

Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.
La. Rev. Stat. § 40:2702 — LA Code / Code revised-statutes / Title 40 / Section 2702
Legislative findings
Status: in_force

The legislature finds and declares:

(1) Many physicians and scientists warn that the risks associated with suntanning are greater when tanning with artificial ultraviolet light.

(2) These risks include but are not limited to sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system.

(3) Certain medications, cosmetics, and foods are "photosensitizing", which means that in some people they react unfavorably to ultraviolet light, producing skin rashes or burns.

(4) Sunlamps and other artificial sources of ultraviolet light are known to intensify these effects.

(5) The enactment of state laws to regulate tanning facilities will protect and promote the public health, safety, and welfare of citizens who tan using artificial ultraviolet light.

Acts 1990, No. 587, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:1057.13 — LA Code / Code revised-statutes / Title 40 / Section 1057.13
Repurchase
Status: in_force

A. In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous aerosol, such article or substance shall, in accordance with regulations of the secretary, be repurchased.

B. For the purposes of this Section, (a) the term "manufacturer" includes an importer for resale, and (b) a dealer who sells at wholesale an aerosol shall with respect to that sale be considered the distributor of that aerosol.

Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1227.2 — LA Code / Code revised-statutes / Title 40 / Section 1227.2
Legislative findings
Status: in_force

A. The legislature hereby finds and declares that remote patient monitoring services aim to allow more people to remain at home or in other residential settings and to improve the quality and cost of their care, including prevention of more costly care.

B. The legislature further declares that the goal of remote patient monitoring services provided through telehealth is to coordinate primary, acute, chronic disease, behavioral, and long-term social service needs for high-need, high-cost patients.

Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:2009.23 — LA Code / Code revised-statutes / Title 40 / Section 2009.23
Adoption of rules; denial of payments; fines; temporary management; alternate remedies
Status: in_force

A. The Louisiana Department of Health is hereby authorized to and shall adopt rules in accordance with the Administrative Procedure Act, to provide remedies mandated by federal law which may include:

(1) The denial of payment with respect to any individual admitted to a nursing facility when mandated by federal law.

(2) The use of civil fines assessed and collected for violation of conditions mandated by federal law, such funds to be applied as mandated by federal law.

(3) The procedure and requirements concerning the appointment of temporary management of a nursing facility as mandated by federal law.

(4) The closure of a nursing facility, the transfer of residents in such facility, or both, in the case of an emergency, as mandated by federal law.

(5) Alternate remedies to deter noncompliance and correct deficiencies.

B. The department, by rule adopted pursuant to the Administrative Procedure Act, shall specify criteria as to when and how each remedy is to be applied, the amount of any fine within the limits specified by law, and the severity of the remedies to be used in the imposition of such remedies as mandated by federal law.

C. The department shall enforce rules adopted pursuant to this Section and, when determined necessary, may petition a court of competent jurisdiction to judicially enforce any such rule.

Acts 1989, No. 719, §1, eff. July 8, 1989.
La. Rev. Stat. § 40:1086.11 — LA Code / Code revised-statutes / Title 40 / Section 1086.11
Physician notification
Status: in_force

A. If a newborn exhibits symptoms of withdrawal or other observable and harmful effects in his physical appearance or functioning that a physician believes are due to the use of a controlled dangerous substance, as defined by R.S. 40:961 et seq., in a lawfully prescribed manner by the mother during pregnancy, the physician shall make a notification to the Department of Children and Family Services on a form developed by the department. Such notification shall not constitute a report of child abuse or prenatal neglect, nor shall it require prosecution for any illegal action.

B. A healthcare provider shall be authorized to share any protected health information, as defined in 45 CFR 160.103, with the Department of Children and Family Services for the purpose of complying with the notification requirement of this Subpart.

C. The Department of Children and Family Services shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subpart. Such rules shall include, at minimum, all of the following:

(1) The manner in which the notification shall be made to the department.

(2) The form and minimum required contents of the notification.

(3) The plan to monitor the statewide system regarding the availability and delivery of appropriate services for newborns and affected families and caretakers.

D. A physician who in good faith makes a notification to the Department of Children and Family Services in compliance with this Section shall have no civil or criminal liability for damage or injury arising from that notification, unless the damage or injury was caused by the physician's willful or wanton misconduct or gross negligence.

Acts 2017, No. 359, §2.

NOTE: See Acts 2017, No. 359, §2 regarding enforceability.
La. Rev. Stat. § 40:608 — LA Code / Code revised-statutes / Title 40 / Section 608
Misbranded food
Status: in_force

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

(1) If its labeling is false or misleading in any particular.

(2) If it is offered for sale under the name of another food.

(3) If it is an imitation of another food and its label fails to bear, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated.

(4) If its container is so made, formed, or filled as to mislead the purchaser.

(5) If it is in package form and does not bear a label containing (a) the name and place of business of the manufacturer, packer, distributor, or seller; and (b) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. For the purposes of Subparagraph (b) of this Paragraph, reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations of the department.

(6) If any word, statement, or other information required on the label under any provision of this Part is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by purchasers and users of the articles under customary conditions of purchase and use. Due consideration shall be given to the size of the package.

(7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations of the department and (a) it does not conform to the definition and standard, (b) its label does not bear the name of the food prescribed in the definition and standard, or (c) when the definition and standard permits optional ingredients other than spices, flavors, and coloring, its label does not bear the common names of the optional ingredients present in it, if those names are required by the regulations.

(8) If it purports to be or is represented as a food for which a standard of quality or fill of container has been prescribed by regulations of the department and its quality or fill falls below that standard and its label fails to bear a statement, in the manner specified in the regulations, showing that it falls below the standard.

(9) If it is not subject to the provisions of Paragraph (7) of this Section and its label fails to bear (a) the common or usual name of the food, if any, and, (b) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient. Spices, flavors, coloring, other than those sold as such, may be designated as spices, flavors, and colorings without naming each. To the extent that compliance with the requirements of Subparagraph (b) of this Paragraph is impracticable because of variations in ingredients usual to good manufacturing or packing practice or is impracticable for any other reason, exemptions shall be established by regulations promulgated by the department. Subparagraph (b) of this Paragraph does not apply to any proprietary food the ingredients of which have been fully and correctly disclosed to the department if compliance with the Subparagraph would give competitors information they could not otherwise obtain.

The department shall establish regulations for implementing the provisions of this Paragraph and publish from time to time the list of ingredients required herein to be declared on the label. However, these lists shall be within the class of ingredients required to be declared on the label under this Paragraph.

(10) If it purports to be or is represented as being for special dietary uses, such as by infants or invalids or for other special nutritional requirements, and its label fails to bear statements concerning its vitamin, mineral, and other dietary properties which fully inform the purchaser as to its nutritional value.

The department shall establish regulations for implementing the provisions of this Paragraph, including administrative regulations covering vitamin, mineral, and other dietary properties. These regulations shall be established in cooperation with the United States Public Health Service, with a view particularly to the work of that service connected with pellagra and other dietary diseases and the feeding of children, so that the inspection to determine correct labeling shall fully conform to the work of the public health service, as far as that work goes.

(11) If it bears or contains any artificial flavor, artificial color, or chemical preservative and it fails to bear a label stating that fact.

(12) If bottled water to be sold in the state for human consumption, is not labeled to indicate the source of the water, the methods used to treat the contents to reduce or eliminate impurities, and the chemical names and concentrations of any preservatives or additives.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1982, No. 608, §1.
La. Rev. Stat. § 40:600.41 — LA Code / Code revised-statutes / Title 40 / Section 600.41
Reinstatement of owner in possession
Status: in_force

An owner may petition for reinstatement of the owner's control and possession of the property at any time during the receivership term.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:1712 — LA Code / Code revised-statutes / Title 40 / Section 1712
Labeling required
Status: in_force

A. Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in such a location within the State of Louisiana shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material on the safety glazing material, or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator or installer, and the nominal thickness and the type of safety glazing material and the fact that said material meets the test requirements of ANSI Standard Z-97.1-1966. The label must be legible and visible after installation.

B. Such safety glazing labeling shall not be used on other than safety glazing materials.

Added by Acts 1972, No. 719, §1.
La. Rev. Stat. § 40:512 — LA Code / Code revised-statutes / Title 40 / Section 512
Annual reports of local housing authorities
Status: in_force

A. Within a reasonable time after the end of each fiscal year, each local housing authority shall prepare a report generally describing such authority's activities for the year then ended. Such report shall contain financial statements fairly depicting the financial condition of the authority, its assets and liabilities, including contingent liabilities, and the results of its operations for the year then ended. The report shall be approved by the local authority's board of commissioners and signed by its chairperson.

B. The annual report of the local housing authority shall be a public record that is available for inspection and copying by members of the general public at the offices of the local housing authority.

C. A local housing authority shall also file its annual report with the municipal or parish clerk, or equivalent official whose duties include receipt and custody of public records of the municipality or parish, promptly upon completion thereof. Regional and consolidated housing authorities shall file annual reports with the appropriate officials of all participating political subdivisions.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2619 — LA Code / Code revised-statutes / Title 40 / Section 2619
Summary forfeiture of controlled substances
Status: in_force

Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this Chapter an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:1169.4 — LA Code / Code revised-statutes / Title 40 / Section 1169.4
Availability of drugs, biological products, and devices; costs; insurance coverage
Status: in_force

A.(1) A manufacturer of an investigational drug, biological product, or device may make available such drug, product, or device to eligible patients in accordance with the provisions of this Section.

(2) Nothing in this Section shall be construed to require a manufacturer to make available any drug, product, or device.

B. A manufacturer may do any of the following:

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

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

C.(1) A health insurance issuer may choose to provide coverage for the cost of an investigational drug, biological product, or device.

(2) Nothing in this Section shall be construed to require a health insurance issuer to provide coverage for the cost of any investigational drug, biological product, or device.

Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.424 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:580.4 — LA Code / Code revised-statutes / Title 40 / Section 580.4
Complaints or orders; service; posting
Status: in_force

A. Complaints or orders issued by a public officer pursuant to an ordinance adopted under this Part shall be served upon persons either personally or by registered mail. If the whereabouts of the persons are unknown and cannot be ascertained by the public officer by the use of reasonable diligence and the public officer makes an affidavit to that effect, the complaint or order may be served by publication once each week for two successive weeks in a newspaper printed and published in the municipality, or, in the absence of such a newspaper, in one printed and published in the parish and circulating in the municipality in which the dwellings are located.

B. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy shall also be filed in the mortgage office of the parish in which the dwelling is located. This filing of the complaint has the same force and effect as the filing of lis pendens notices.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:580 — LA Code / Code revised-statutes / Title 40 / Section 580
Title
Status: in_force

This Part shall be referred to as the "Slum Clearance Law".

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1635 — LA Code / Code revised-statutes / Title 40 / Section 1635
Deposit of penalties; existing account
Status: in_force

The penalties collected as provided for in R.S. 40:1633 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 2007, No. 409, §1, eff. Aug. 31, 2009; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 40:604 — LA Code / Code revised-statutes / Title 40 / Section 604
Regulations
Status: in_force

The authority to promulgate regulations for the efficient enforcement of this Part is vested in the secretary of the Louisiana Department of Health.

Amended by Acts 1978 No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:444 — LA Code / Code revised-statutes / Title 40 / Section 444
Program eligibility, procedures, and requirements
Status: in_force

Subject to the limitations contained in R.S. 40:482 through 489, a local housing authority may establish and apply such criteria and requirements relating to eligibility for any assistance administered or provided by the authority as the authority shall, from time to time, determine to be necessary, appropriate, or desirable, including without limitation criteria and requirements relating to income, work or employment, child care, education, job training, and personal or family self-sufficiency; in addition to establishing eligibility, utilize such criteria and requirements for determining the amount and duration of any assistance to be provided to a beneficiary for such assistance; establish such exclusions from income for purposes of determining eligibility as the authority shall deem appropriate; and adopt and administer lawful preferences which may include preferences for working persons and families.

Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1281.1 — LA Code / Code revised-statutes / Title 40 / Section 1281.1
Definitions
Status: in_force

As used in this Subpart, the following terms have the meaning ascribed in this Section:

(1) "Certificate" means a certificate of competency issued by the state health officer stating that the operator has met the requirements for the specified operator classification as defined by the state health officer under R.S. 40:1281.3.

(2) "Committee" means the committee of certification.

(3) "Louisiana conference" means the Louisiana Conference on Water Supply, Sewerage and Industrial Wastes.

(4) "Operator" means the individual, as determined by the committee of certification, in attendance on site of a water supply system or a sewerage system and whose performance, judgment, and direction affects either the safety, sanitary quality, or quantity of water or sewage treated or delivered.

(5) "Sewage collection system" means all components of a sewerage system except for the sewage treatment plant.

(6) "Sewage treatment plant" means the facility or group of units provided for the treatment of wastewater and for the reduction and handling of sludge removed from such wastewater.

(7) "Sewerage system" means a system of piping and appurtenances, including sewage treatment facilities, for collecting and conveying wastewater from source to discharge.

(8) "State health officer" means the surgeon general appointed by the governor as provided in R.S. 40:2.

(9) "Wastewater" means the spent water or sewage of a community containing the liquid or water-carried wastes from residences, commercial buildings, and institutions along with any groundwater, surface water, or storm water that may be commingled.

(10) "Water distribution system" means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.

(11) "Water production facility" means the system of water wells, impoundments reservoirs, aqueducts, pumps, pipelines and other appurtenances necessary to produce and deliver the water necessary for treatment and distribution to a community.

(12) "Water supply system" means the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household or other uses.

(13) "Water treatment plant" means that portion of the water supply system which in some way alters the physical, chemical, or bacteriological quality of the water.

Acts 1972, No. 538, §1; Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §§1, 2, eff. Jan. 1, 1988; Redesignated from R.S. 40:1141 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2024, No. 739, §2, eff. June 19, 2024.
La. Rev. Stat. § 40:1615 — LA Code / Code revised-statutes / Title 40 / Section 1615
Class B fire fighting foam containing fluorinated organic chemicals
Status: in_force

A. As used in this Part, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:

(1) "Class B fire fighting foam" means any foam designed to extinguish flammable liquid fires.

(2) "Person" means an individual, association, joint venture, partnership, corporation, limited liability company, political subdivision, municipality, or public or private organization of any character, including any agency, department, board, bureau, office, commission, district, corporation, and quasi-public corporation of the federal, state, municipal, or local government.

(3) "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully functional in Class B fire fighting foam formulations.

(4) "Testing" means calibration testing, conformance testing, or fixed system testing.

B. On and after January 1, 2022, no person shall discharge or otherwise use Class B fire fighting foam that contains intentionally added PFAS chemicals unless such discharge or other use occurs in fire prevention or in response to an emergency fire fighting operation.

C. Nothing in this Section shall be construed to do any of the following:

(1) Restrict the manufacture, sale, or distribution of Class B fire fighting foam that contains intentionally added PFAS chemicals or restrict the discharge or other use of Class B fire fighting foam in response to an emergency fire fighting operation.

(2) Prevent the use of nonfluorinated foams, including other Class B fire fighting foams, for the purposes of training or testing for fire fighting operations at a facility that has implemented containment, treatment, and disposal measures to prevent the uncontrolled releases of such fire fighting foam into the environment.

Acts 2021, No. 232, §1, eff. June 11, 2021.
La. Rev. Stat. § 40:5 — LA Code / Code revised-statutes / Title 40 / Section 5
General powers and jurisdiction
Status: in_force

A. The state health officer and the office of public health of the Louisiana Department of Health shall have exclusive jurisdiction, control, and authority:

(1) To isolate or quarantine for the care and control of communicable disease within the state.

(2) To take such action as is necessary to accomplish the subsidence and suppression of diseases of all kinds in order to prevent their spread.

(3) To enforce a sanitary code for the entire state containing provisions for the improvement and amelioration of the hygienic and sanitary conditions of the state.

(4) To enact provisions regulating the standards of health and decency and building regulations of all prisons, jails, lock-ups, and camps where prisoners are detained or confined.

(5) To supervise, inspect, and issue sanitation permits for water supplies, slaughterhouses, cold storage plants, all places of public accommodation, and the handling and control of hygienic conditions with respect to all food.

(6) To take such action as may be authorized by the administrator of the Environmental Protection Agency under the federal Safe Drinking Water Act of 1974, as amended.

(7) To make all sanitary inspections and provide for the issuance of health permits.

(8) Over the enforcement of controls and issuance of permits for the distribution and handling of dangerous drugs.

(9) Over the treatment and disposal of municipal or domestic sewage.

(10) Over the reporting of communicable diseases.

(11) Over the gathering, keeping, reporting, and tabulating of vital and mortuary records and statistics for all parishes of the state.

(12) Over the providing of facilities for vaccination.

(13) To assist in the supervision and operation of parish and municipal health units and departments.

(14) Over the regulation of the carriage and transportation of persons, freight, and dead bodies brought into the state or transported through or in the state as they may affect public health.

(15) Over the sanitary inspection of meat, milk, and other products which may affect public health and safety.

(16) Over the sanitary conditions required at any public gathering or meeting.

(17) Over the adoption of rules and regulations regarding public health, sanitary, and hygienic subjects, including those for standards governing noxious odors.

(18) To promulgate rules and regulations in accordance with the Administrative Procedure Act to establish a fee schedule, based on ability to pay or eligibility for third party reimbursement, for services provided by the Children's Special Health Services program and maternal and child health programs in the office of public health.

(19) To conduct health inspections and issue health permits through state-employed licensed sanitarians, or by licensed sanitarians of parish health units or departments.

(20) Over those functions of the state provided by law relating to environmental quality and pollution control which are related to the public health and which are specifically assigned to the department by statute.

(21)(a) To conduct health, safety, and sanitation inspections, through state-employed licensed sanitarians, of any place upon receipt of a complaint that the department determines shows appropriate and sufficient grounds to indicate a health hazard or sanitary code violation may exist, regardless of whether such place is licensed or not, or otherwise regulated.

(b) In order to comply with the provisions of Subparagraph (a) of this Paragraph, a licensed sanitarian may, if necessary, seek and obtain an appropriate order or warrant from the state district court for the judicial district in which the place to be inspected is located to enter, examine, and inspect such place for a health hazard or sanitary code violation.

B. Nothing in this Section shall grant or be interpreted as to grant the state health officer or the office of public health of the Louisiana Department of Health the authority to supercede the authority of municipalities or parishes to enforce the State Uniform Construction Code provided for in Part IV-A of Chapter 8 of this Title. 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 Part IV-A of Chapter 8 of this Title.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1979, No. 449, §4, eff. Jan. 1, 1980; Acts 1989, No. 713, §1; Acts 1990, No. 574, §1; Acts 1993, No. 180, §1, eff. May 31, 1993; Acts 1999, No. 993, §1, eff. July 9, 1999; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2014, No. 836, §3, eff. Jan. 1, 2016; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:2452 — LA Code / Code revised-statutes / Title 40 / Section 2452
Staff
Status: in_force

The council shall be administered by an executive director. The department shall employ necessary staff to carry out the duties and functions of the council as otherwise provided in this Chapter, or as otherwise provided by law.

Added by Acts 1980, No. 751, §2.
La. Rev. Stat. § 40:600.35 — LA Code / Code revised-statutes / Title 40 / Section 600.35
Statewide blighted housing property list
Status: in_force

A. Local governmental subdivisions; duty to submit blighted housing property list. Each local governmental subdivision maintaining a blighted housing property list shall submit their list to the state housing agency no later than December thirty-first of each year. The information submitted to the state housing agency shall be updated quarterly.

B. State housing agency; duty to maintain statewide blighted housing property list. The state housing agency shall publish, no later than March fifteenth of each year, a statewide blighted housing property list based on information received from local governmental subdivisions in accordance with the provisions of this Section. The list shall also be maintained on the state housing agency's web site and shall be updated quarterly.

C. The state housing agency shall utilize a statewide housing locator system for the purpose of maintaining the blighted housing property list. The system shall be updated as needed.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:1057.14 — LA Code / Code revised-statutes / Title 40 / Section 1057.14
Time of taking effect
Status: in_force

This Chapter becomes effective upon signature by the governor or, if not signed or vetoed by the governor, upon expiration of the time for laws of the 1975 Regular Session of the Legislature to become effective without action by the governor, as provided by Article III, Section 18 of the 1974 Constitution of the State of Louisiana; however, no penalty or order of court shall be enforced for any violation of this Chapter which occurs prior to the expiration of such prescribed period or periods, by the secretary, ending not more than twelve months after July 17, 1975, as the secretary may prescribe on the basis of a finding that conditions exist which necessitate the prescribing of such additional period or periods; provided, that the secretary may limit the application of such additional period or periods to violations related to specified provisions of this Chapter, or to specified kinds of hazardous aerosols or packages thereof.

Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1730.68 — LA Code / Code revised-statutes / Title 40 / Section 1730.68
Industrialized Building Program Dedicated Fund Account; distribution
Status: in_force

A. All proceeds derived from the fees and all amounts received by the secretary from interest, fines, or penalties or any other source pursuant to the provisions of this Part shall be deposited with the state treasurer. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, the state treasurer shall, each fiscal year and subject to an annual appropriation by the legislature, credit to the "Industrialized Building Program Dedicated Fund Account", hereafter referred to in this Section as the "account", which is hereby created in the treasury as a special designated fund account, an amount equal to the amount of money paid into the treasury by the secretary pursuant to the provisions of this Section. All unexpended and unencumbered monies in the account at the end of each fiscal year shall remain in the account. The monies in the account shall be invested by the state treasurer in the same manner as monies in the state general fund. All interest earned on monies in the account invested by the state treasurer shall be deposited in the account. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

B. Monies from the account shall be appropriated and paid to the secretary at the beginning of each fiscal year to be distributed to the office of state fire marshal, code enforcement and building safety, and shall be used for the implementation of this Part.

Acts 2009, No. 514, §1; Acts 2021, No. 114, §10, eff. July 1, 2022.
La. Rev. Stat. § 40:2703 — LA Code / Code revised-statutes / Title 40 / Section 2703
Definitions
Status: in_force

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

(1) "Authorized agent" means an employee of the department designated by the state health officer to enforce the provisions of this Chapter.

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

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

(4) "Individual" means any human being.

(5) "Operator" means any individual designated by the registrant to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.

(6) "Persons" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities.

(7) "Phototherapy device" means a piece of equipment that emits ultraviolet radiation and is used by a licensed health care professional in the treatment of disease.

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

(9) "Registration" means registration with the department in accordance with the provisions of this Chapter.

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

(11) "Tanning equipment" means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation.

(12) "Tanning facility" means any location, place, area, structure, or business which provides consumers access to tanning equipment. For the purpose of this definition, tanning equipment registered to different persons at the same location and tanning equipment registered to the same person, but at separate locations, shall constitute separate tanning facilities.

(13) "Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between two hundred nanometers and four hundred nanometers.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
La. Rev. Stat. § 40:2222 — LA Code / Code revised-statutes / Title 40 / Section 2222
Certification of organizations providing qualified plans
Status: in_force

A. No health maintenance organization, health insurance organization, managed care organization, or other entity may contract with the state to provide a qualified plan to an enrollee unless so certified by the department.

B. No health maintenance organization, health insurance organization, managed care organization, or other entity shall be certified to provide a qualified plan unless that plan meets minimum standards established by the department by the adoption and promulgation of rules and regulations in accordance with the Administrative Procedure Act. Such standards shall include, but not be limited to:

(1) Access to routine, urgent, and emergency care by enrollees.

(2) Primary care including location, hours, waiting times, and access to care when needed.

(3) Availability of specialty care.

(4) Technical competence of health care providers.

(5) Implementation of a peer review program.

(6) Health and medical standards.

C. Any qualified plan provider that fails to maintain the minimum standards as determined by the department shall be subject to penalties, including revocation of any authority to participate in the state program or a prohibition on enrolling any new member.

Acts 1995, No. 1211, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:640 — LA Code / Code revised-statutes / Title 40 / Section 640
Dealers excepted from penalty in certain cases
Status: in_force

No dealer is subject to the penalties of R.S. 40:639:

(1) For having received any article of food, drug, device, or cosmetic and in good faith sold it as received unless he refuses to furnish on request of an officer or employee duly designated by the department the name and address of the person from whom he purchased or received the article and all documents pertaining to the delivery of the article to him, or

(2) If he established a guaranty or undertaking signed by the person residing in Louisiana from whom he received in good faith the article of food, drug, device, or cosmetic, or advertising copy thereof to the effect that the designated article is not adulterated or misbranded within the meaning of this Part and that the copy is not false. To afford protection, this guaranty or undertaking shall contain the name and address of the person furnishing it. This person shall be amenable to the prosecution and penalties which would attach in due course to the dealer under the provisions of this Part.

Amended by Acts 1950, No. 316, §11. Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:448 — LA Code / Code revised-statutes / Title 40 / Section 448
Mixed-income housing
Status: in_force

A local housing authority may develop, acquire, own, hold, lease, rent, and operate mixed-income housing developments, subject to the limitations contained in R.S. 40:466.

Amended by Acts 1960, No. 278, §3; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2 — LA Code / Code revised-statutes / Title 40 / Section 2
State health officer
Status: in_force

The surgeon general appointed by the governor shall serve as the state health officer. The surgeon general shall collaborate with the secretary on any order, rule, or regulation issued by the state health officer. Any order, rule, or regulation issued by the state health officer shall be effective upon signature.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2024, No. 739, §2, eff. June 19, 2024.
La. Rev. Stat. § 40:1125.16 — LA Code / Code revised-statutes / Title 40 / Section 1125.16
Administrative rules
Status: in_force

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

B. The rules required by this Section shall include but not be limited to the following:

(1) Data elements to be included in the registry.

(2) Guidelines and procedures for obtaining from healthcare providers information regarding individuals diagnosed with sickle cell disease.

(3) Standards for ensuring that the registry is developed and operated in a manner that comports with all applicable requirements of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191; regulations adopted pursuant to that Act including but not limited to the HIPAA Privacy Rule, 45 CFR Part 164; and other applicable laws and regulations governing disclosure of health information.

Acts 2022, No. 647, §2.
La. Rev. Stat. § 40:632 — LA Code / Code revised-statutes / Title 40 / Section 632
Causes for seizure and condemnation of food, drugs, devices, or cosmetics
Status: in_force

Any article of food and any drug, device, or cosmetic that is adulterated, misbranded, or unregistered or which has been manufactured, processed, or packed in a factory or establishment, the operator of which did not, at the time of manufacture, processing, or packing, hold an unsuspended valid permit, if so required under R.S. 40:612, is subject to seizure and condemnation by the department or by any officer or employee it designates for that purpose.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2187 — LA Code / Code revised-statutes / Title 40 / Section 2187
Revocation, suspension, or refusal to renew license; issuance of fines; written notice
Status: in_force

The department shall have the power to deny, revoke, suspend, or refuse to renew a license for a hospice or to impose fines, if an applicant has failed to comply with the provisions of this Part or any published rule or regulation of the department relating to hospices. If a license is denied, revoked, or withdrawn, or a fine is imposed, the action shall be effective when made, and the department shall notify the applicant or licensee of such action in writing immediately. The notice shall state the reason for the denial, revocation, or withdrawal of the license or imposition of such fine. No fine imposed pursuant to this Section shall exceed five hundred dollars.

Acts 1988, No. 941, §2.
La. Rev. Stat. § 40:1563.1 — LA Code / Code revised-statutes / Title 40 / Section 1563.1
Authority to make arrests and carry firearms; arson task force
Status: in_force

A. The fire marshal, the first assistant fire marshal, each deputy fire marshal, certified local authorities, and state or municipal arson investigators, while engaged in the performance of their duties as such, shall have the authority to investigate and cause the arrest of individuals suspected of having violated the following criminal laws:

(1) R.S. 14:51, aggravated arson.

(2) R.S. 14:52, simple arson.

(3) R.S. 14:52.1, simple arson of a religious building.

(4) R.S. 14:53, arson with intent to defraud.

(5) R.S. 14:54, placing combustible material.

(6) R.S. 14:54.1, communicating false information of planned arson.

(7) R.S. 14:54.2, manufacture and possession of delayed action incendiary devices.

(8) R.S. 14:54.3, manufacture and possession of a bomb.

(9) R.S. 14:54.5, fake explosive devices.

(10) R.S. 14:59(A)(2), criminal mischief relating to the giving of any false alarm of fire.

(11) R.S. 14:204, fire-raising on lands of another by criminal negligence.

(12) R.S. 14:205, fire-raising on lands of another with malice.

(13) R.S. 14:206, fire prevention interference.

(14) R.S. 14:327, obstructing a fireman.

(15) R.S. 22:1924, insurance fraud.

(16) R.S. 22:1925, insurance fraud.

(17) R.S. 14.51.1, injury by arson.

(18) R.S. 15:562.5, failure to register.

(19) R.S. 40:1621, violation of fire marshal's orders. This Paragraph shall be limited to fire marshal orders related to activities or instances determined by the fire marshal to pose an immediate danger to life.

(20) R.S. 14:206.1, engaging in life safety and property protection contracting without authority.

(21) Any other criminal laws making unlawful an attempt or conspiracy to commit the foregoing offenses.

B. The officials enumerated in this Section shall also have the power to seize contraband subject to forfeiture as described in R.S. 14:54.4, in accordance with the procedure established in that provision.

C. The fire marshal, the first assistant fire marshal, and each deputy fire marshal shall have the authority to investigate and cause the arrest of any person suspected of having committed any offense connected to the investigation of any of the offenses enumerated in Subsection A of this Section, or connected to the investigation of a burn injury report submitted to the office of state fire marshal in accordance with R.S. 14:403.4.

D. The fire marshal shall issue a commission to any state arson investigator who qualifies as P.O.S.T. certified to carry firearms allowing him to carry and use firearms and to arrest individuals suspected of violating the crimes enumerated in this Section.

E. The governing authority of a political subdivision may authorize the chief of each fire protection district, each fire department, and each volunteer fire department which is within that political subdivision to issue a commission to any local arson investigator allowing him to carry and use firearms and to arrest individuals suspected of violating crimes enumerated in this Section. The issuance of a commission pursuant to this Subsection, the powers granted by those commissions, and the use of firearms by the persons to whom those commissions are issued shall be subject to all of the following provisions:

(1) The chief of each fire protection district, each fire department, and each volunteer fire department who issues a commission to a local arson investigator may require that the local arson investigator be certified by the Council on Peace Officer Standards and Training or be qualified by the Council on Peace Officer Standards and Training, or both.

(2) The chief of each fire protection district, each fire department, and each volunteer fire department who requires that local arson investigators to whom that chief issues commissions be P.O.S.T. certified or P.O.S.T. qualified, or both, shall pay the cost of providing to those local arson investigators the training necessary to obtain the P.O.S.T. certification or the P.O.S.T. qualification, or both.

(3) Local arson investigators who are required by their chief to be P.O.S.T. certified or P.O.S.T. qualified, or both, are specifically authorized to attend any school or training course which is operated by a commercial entity or which is operated by a public agency and which is open to peace officers from more than one law enforcement agency. Each person or agency operating a school or a training course which is attended by local arson investigators shall award the appropriate document or documents to each local arson investigator who successfully completes the requirements for P.O.S.T. certification or for P.O.S.T. qualification, or both. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice and the Council on Peace Officer Standards and Training shall make the provisions which are necessary to enable local arson investigators to attend the required schools and training courses and for those local arson investigators who successfully complete the requirements for P.O.S.T. certification or P.O.S.T. qualification, or for both, to receive the appropriate documents to demonstrate the P.O.S.T. certification or P.O.S.T. qualification, or both.

(4) Possession of a P.O.S.T. certification or P.O.S.T. qualification, or both, by a local arson investigator shall not grant to that local arson investigator any authority other than the authority granted by a commission issued pursuant to this Subsection.

(5) The authority granted by a commission which is issued under the provisions of this Subsection shall be limited to the powers, functions, duties, and responsibilities which are set forth for local arson investigators in this Section. A commission which is issued under the provisions of this Subsection shall not grant any authority other than the powers, functions, duties, and responsibilities which are set forth for local arson investigators in this Section.

(6) The authority to carry and use firearms which is granted to local arson investigators by a commission which is issued under the provisions of this Subsection is limited to the power to carry weapons while acting in the course and scope of their duties as local arson investigators. Local arson investigators may carry concealed weapons while acting in the course and scope of their duties, and the provisions of R.S. 14:95 shall not apply to local arson investigators who carry concealed weapons while acting in the course and scope of their duties.

F. The fire marshal shall have the authority to commission local certified arson investigators to serve on a multi-jurisdictional arson task force operated by the fire marshal. The fire marshal shall have the power to promulgate rules and regulations to accomplish the operations and functions of the task force and to issue orders for the enforcement of such rules and regulations.

Added by Acts 1970, No. 539, §1. Amended by Acts 1974, No. 233, §1; Acts 1981, No. 841, §1; Acts 1997, No. 973, §1; Acts 1997, No. 973, §1; Acts 1999, No. 173, §1, eff. June 9, 1999; Acts 2003, No. 737, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2009, No. 130, §1; Acts 2010, No. 972, §2; Acts 2013, No. 190, §1; Acts 2014, No. 791, §14; Acts 2014, No. 820, §1; Acts 2017, No. 170, §2.
La. Rev. Stat. § 40:2008.10 — LA Code / Code revised-statutes / Title 40 / Section 2008.10
Therapeutic group homes licensed by the Louisiana Department of Health; state central registry of child abuse and neglect; criminal background checks
Status: in_force

A.(1)(a) The provisions of this Section shall apply to the following persons:

(i) Any person who owns, operates, or manages a licensed therapeutic group home.

(ii) Any person who has applied for a license to operate a therapeutic group home.

(iii) Any person who is employed by, is contracted by, volunteers at, or interns with a therapeutic group home.

(iv) Any person who has applied to be employed or contracted by a therapeutic group home.

(v) Any person who has applied to volunteer or intern with a therapeutic group home.

(b) This Section shall not apply to contractors and other individuals providing a service at the therapeutic group home who are not employees, volunteers, interns, or contracted members of the staff of the therapeutic group home, including but not limited to plumbers, landscapers, or visiting resources.

(2) The Louisiana Department of Health shall request, consistent with the provisions of R.S. 15:587.1.2, from the Bureau of Criminal Identification and Information, information concerning whether or not any of the persons listed in Paragraph (1) of this Subsection has been arrested for, convicted of, or pled nolo contendere to any criminal offense.

(3) The therapeutic group home shall request information from the Department of Children and Family Services as to whether the individual's name is recorded on the state central registry as a perpetrator for a substantiated finding of abuse or neglect of a child. (4) For any individual subject to these provisions that has lived in any other state within the last five years, the Louisiana Department of Health shall request information from the child abuse and neglect registry or repository of each of those states as to whether the individual's name is recorded on that state's registry or repository.

(5) The Louisiana Department of Health may request any information necessary from the therapeutic group home, any person subject to the provisions of this Section, or any other appropriate agency, to ensure compliance with this Section.

(6) The Louisiana Department of Health shall require and provide for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and Information.

(7) The Louisiana Department of Health may charge a processing fee not to exceed fifteen dollars, and may collect from the therapeutic group home the charges and processing fees charged by the Bureau of Criminal Identification and Information for a state criminal history report, the Federal Bureau of Investigation for a federal criminal history information report, and any other state's registry or repository of abuse and neglect. The Louisiana Department of Health shall timely submit the appropriate charges and processing fees to the appropriate agencies.

B. The Louisiana Department of Health may adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section, including requirements and provisions for utilizing the criminal history information. The department may utilize the process provided in R.S. 49:962 for adoption of the rule.

Acts 2019, No. 243, §2, eff. June 11, 2019; Acts 2020, No. 34, §1, eff. June 4, 2020; Acts 2021, No. 211, §10; Acts 2025, No. 409, §5.
La. Rev. Stat. § 40:580.7 — LA Code / Code revised-statutes / Title 40 / Section 580.7
Powers of public officers
Status: in_force

An ordinance adopted by the council of the municipality may authorize the public officer to exercise any powers necessary or convenient to carry out and effectuate the purposes and provisions of this Part, including the following:

(1) To investigate the dwelling conditions in the municipality to determine which dwellings therein are unfit for human habitation.

(2) To administer oaths and affirmations and examine witnesses and receive evidence.

(3) To enter upon premises for the purpose of making examinations provided the entries are made in such manner as to cause the least possible inconvenience to the persons in possession.

(4) To appoint and fix the duties of such officers, agents, and employees as he thinks necessary to carry out the purposes of the ordinance.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1155.5 — LA Code / Code revised-statutes / Title 40 / Section 1155.5
Immunity from liability
Status: in_force

A.(1) Any health care provider, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or withdrawal of life-sustaining procedures from a patient who has duly executed a LaPOST form in accordance with the provisions of this Subpart, or as a result of transferring a patient to a provider with which the provisions of this Subpart can be effectuated.

(2) Any person, health care provider, physician, or other person acting under the direction of a physician who authorizes the withholding or withdrawal of life-sustaining procedures in accordance with a duly executed LaPOST form, or as otherwise provided in this Subpart, shall not be subject to criminal prosecution or civil liability for such action.

(3) A duly executed LaPOST form made in accordance with this Subpart shall be presumed to have been made voluntarily.

B.(1) A licensed emergency medical services practitioner shall not be subject to criminal prosecution or civil liability for withholding life-sustaining procedures from a patient who has duly executed a LaPOST form.

(2) A licensed emergency medical services practitioner shall not be subject to criminal prosecution or civil liability for administering life-sustaining procedures to a patient who has duly executed a LaPOST form when there is no reasonable means by which the licensed emergency medical services practitioner could know or should have known that the patient had executed such LaPOST form, or as a result of transferring a patient to a provider with which the provisions of this Subpart can be effectuated.

Acts 2010, No. 954, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.64.5 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:4.9 — LA Code / Code revised-statutes / Title 40 / Section 4.9
Low-risk foods; preparation in home for public consumption
Status: in_force

A.(1)(a) No provision of the state Sanitary Code or any provision of any other law or regulation that requires any equipment, design, construction, utensils, supplies, preparation, or services shall apply to the preparation of low-risk foods, as defined in Subsection E of this Section, in the home for sale. For purposes of this Section, with respect to preparation of cane syrup, "the home" shall mean, in addition to a dwelling, an open-sided structure on private property that shelters a cast iron kettle, evaporator, or other equipment for preparing cane syrup in the traditional manner. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any preparer of breads, cakes, cookies, or pies who employs any individual to assist in the preparation of such food for sale.

(2) Notwithstanding any provision of law to the contrary, all of the following restrictions, conditions, and requirements shall apply to the preparation of breads, cakes, cookies, and pies in the home for sale:

(a) All outside openings shall be protected against flies and other vermin.

(b) The building shall be constructed so as to exclude rats, mice, roaches or other vermin. Domestic pets shall be excluded in any part of the establishment where preparation and baking of such bakery products takes place.

(c) All equipment used or connected in any way with the manufacture, baking, cooking or other processing, handling, packing, or storing of any bakery product shall comply with the following:

(i) Be maintained in a clean and sanitary manner, be free from cracks and, wherever possible, be composed of non-corroding, metal or other smooth, impervious material giving an easily cleanable surface. Stationary or not readily movable equipment shall be so installed as to provide for easy cleaning.

(ii) Refrigeration shall be provided so that all perishable food products used in the manufacturer processing of any kind connected with the production, distribution, or sale of bakery products shall be maintained at a temperature not to exceed forty-five degrees Fahrenheit.

(iii) Equipment too large to permit washing in the sinks shall be cleaned in a manner approved by the state health officer.

(iv) All barrels, boxes, tubs, pails, kneading troughs, machines, racks, pans, or other receptacles used for holding materials from which bakery products are manufactured shall be kept clean and sanitary and shall be so constructed as to be easily cleanable.

(v) All food contact surfaces shall be cleaned and sanitized after each day's production.

(d) Only pasteurized milk or milk products shall be used in the preparation of custard and cream-filled bakery products.

(e) All custard or cream-filled mixtures shall be cooked, the temperature and time of heating of the mix, to be at a minimum, the equivalent of a temperature of one hundred forty-five degrees Fahrenheit for a period of not less than thirty minutes.

(f) Upon completion of the cooking of the mix, it shall be immediately transferred into previously sanitized containers, properly covered and chilled as rapidly as possible to forty-five degrees Fahrenheit or below and maintained at such a temperature until used.

(g) The apparatus and food contact surfaces used in adding any custard or cream filling to a bakery product shall be of impervious material and shall be thoroughly cleaned and sanitized after each use, in a manner approved by the state health officer. No cloth filled bags shall be used.

(h) Preparers engaged in the preparation of custard or cream-filled bakery products shall not touch the custard or cream filling with their hands after it has been cooked.

B. This Section shall not apply to any preparer of low-risk foods made at a home for sale, whose gross annual sales equal thirty thousand dollars or more.

C. No individual who prepares breads, cakes, cookies, or pies in the home for sale to the public pursuant to this Section shall sell such foods to any retail business or individual for resale.

D.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, any individual who prepares low-risk foods in the home for sale, as authorized by this Section, shall affix to any such food offered for sale a label which clearly indicates that the food was not produced in a licensed or regulated facility.

(b) The food labeling requirement in Subparagraph (a) of this Paragraph shall not apply to raw honey offered for sale if the honey is not pasteurized, filtered, or otherwise processed in such a way as to remove natural pollen contained in the honey.

(2) No individual who prepares low-risk foods in the home shall sell such foods unless he is registered to collect any local sales and use taxes that are applicable to the sale of such foods, as evidenced by a current sales tax certificate issued to the seller by the sales and use tax collector for the parish in which the sales occur.

E. For purposes of this Section, "low-risk foods" shall include all of the following, none of which shall consist of any animal muscle protein or fish protein:

(1) Baked goods, including breads, cakes, cookies, and pies.

(2) Candies.

(3) Cane syrup.

(4) Dried mixes.

(5) Honey and honeycomb products.

(6) Jams, jellies, and preserves.

(7) Pickles and acidified foods.

(8) Sauces and syrups.

(9) Spices.

F. No preparer of low-risk foods pursuant to this Section shall sell any food containing cannabidiol unless the United States Food and Drug Administration approves cannabidiol as a food additive.

Acts 1991, No. 603, §1; Acts 1995, No. 977, §1; Acts 1997, No. 658, §2; Acts 2013, No. 370, §1; Acts 2014, No. 542, §1; Acts 2014, No. 789, §1; Acts 2015, No. 45, §1; Acts 2019, No. 164, §2, eff. June 6, 2019; Acts 2022, No. 357, §1.
La. Rev. Stat. § 40:953 — LA Code / Code revised-statutes / Title 40 / Section 953
Seizure
Status: in_force

Any article or product found in violation of the labeling requirements in R.S. 40:952 shall be subject to seizure and condemnation by the state health officer or by any duly authorized representative he designates for that purpose.

Added by Acts 1978, No. 140, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:689 — LA Code / Code revised-statutes / Title 40 / Section 689
Penalty
Status: in_force

Whoever violates any provision of this Part shall be fined not less than twenty-five dollars nor more than five hundred dollars. Each day that conditions or actions in violation of this Part continue constitutes a separate and distinct offense.
La. Rev. Stat. § 40:599.9 — LA Code / Code revised-statutes / Title 40 / Section 599.9
Appointment of a receiver
Status: in_force

The court may appoint an authority to serve as a receiver in a receivership proceeding filed by a local government.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:5.4 — LA Code / Code revised-statutes / Title 40 / Section 5.4
Testing of private water wells
Status: in_force

Upon the request of the owner of any private water well, the state health officer or his representative is authorized to test the purity of the water produced by such well and shall report the results of such testing to the owner.

Added by Acts 1975, No. 698, §1; Acts 1999, No. 289, §5.
La. Rev. Stat. § 40:1081.12 — LA Code / Code revised-statutes / Title 40 / Section 1081.12
Medicaid coverage; genetic testing of critically ill infants
Status: in_force

A.(1) Subject to the approval of the Centers for Medicare and Medicaid Services, the Louisiana medical assistance program shall include coverage on a fee-for-service basis for rapid whole genome sequencing testing of an infant who is enrolled in a Medicaid managed care plan and meets all of the following criteria:

(a) Is one year of age or younger.

(b) Has a complex illness of unknown etiology.

(c) Is receiving inpatient hospital services in an intensive care unit or in a pediatric care unit.

(2) Coverage provided for the infant pursuant to this Section shall include individual sequencing, trio sequencing of the parents of the infant, and ultra-rapid sequencing.

B. The secretary of the Louisiana Department of Health shall take all actions necessary to implement the provisions of this Section, including but not limited to both of the following:

(1) Promulgation of rules and regulations in accordance with the Administrative Procedure Act to provide for Medicaid coverage pursuant to this Section.

(2) Submission to the Centers for Medicare and Medicaid Services of any new waiver application, amendment to an existing waiver, or Medicaid state plan amendment to provide for Medicaid coverage pursuant to this Section.

Acts 2022, No. 501, §2.
La. Rev. Stat. § 40:1253.5 — LA Code / Code revised-statutes / Title 40 / Section 1253.5
Medicaid state plan amendments
Status: in_force

The Louisiana Department of Health shall make available to the public on the department's website all Medicaid state plan amendments and any related correspondence within twenty-four hours of submission to the Centers for Medicare and Medicaid Services. All formal responses by the Centers for Medicare and Medicaid Services regarding any state plan amendment shall be made available to the public on the department's website within twenty-four hours of receipt of the correspondence by the department.

Acts 2013, No. 212, §1; Redesignated from R.S. 40:1300.365 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1578.7 — LA Code / Code revised-statutes / Title 40 / Section 1578.7
State Uniform Fire Prevention Code
Status: in_force

NOTE: Subsections A, B, C, D, and E eff. until July 1, 2026. See Acts 2024, No. 534.

A. It is hereby found and declared by the legislature that the protection of life and property will be enhanced by adoption of the National Fire Prevention Code, as it is published by the National Fire Protection Association. It is also hereby found and declared by the legislature that the adoption of NFPA 1 will complement and not conflict with the National Fire Protection Association's Life Safety Code.

B. The National Fire Prevention Code, known as NFPA 1, 1997 edition, published and maintained by the National Fire Protection Association, is hereby adopted as the State Uniform Fire Prevention Code to the extent that it does not conflict with the National Fire Protection Association's Life Safety Code. Application of requirements that pertain to buildings shall be limited to structures, watercraft, and movables as defined by R.S. 40:1573.

C. If a fire prevention code is adopted by any political subdivision of the state, it must adopt the State Uniform Fire Prevention Code.

D. Nothing in this Section shall be construed so as to prevent the state fire marshal from enforcing the National Fire Protection Association's Life Safety Code, nor any other laws of the state, the enforcement of which are his statutory and regulatory responsibility.

E. The state fire marshal shall have the power and authority to promulgate those rules and regulations as may be necessary to incorporate or adopt any subsequent amendments or additions to the State Uniform Fire Prevention Code to conform to NFPA 1, as it is subsequently amended or issued as a new edition by the National Fire Protection Association.

NOTE: Subsections A, B, C, D, and E eff. July 1, 2026. See Acts 2024, No. 534.

A. It is hereby found and declared by the legislature that the protection of life and property will be enhanced by adoption of the National Fire Prevention Code, as it is published by the National Fire Protection Association, or the International Fire Code, as it is published by the International Code Council.

B. The National Fire Prevention Code, known as NFPA 1, or the International Fire Code, known as the IFC, is hereby adopted as the State Uniform Fire Prevention Code.

C. If a fire prevention code is adopted by any political subdivision of the state, it shall adopt the State Uniform Fire Prevention Code.

D. Nothing in this Section shall be construed to prevent the state 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 Louisiana State Uniform Code Council in accordance with R.S. 40:1730.28, nor any other laws of the state, the enforcement of which are his statutory and regulatory responsibility.

E. The state fire marshal shall have the power and authority to promulgate those rules and regulations as may be necessary to incorporate or adopt any subsequent amendments or additions to the State Uniform Fire Prevention Code to conform to NFPA 1 or the IFC, as they are subsequently amended or issued as a new edition by the National Fire Protection Association or by the International Code Council.

F. If the governing authority of any municipality or parish finds that the State Uniform Fire Prevention Code does not meet its minimum needs, that local governing authority may provide more stringent requirements than those specified in the State Uniform Fire Prevention Code when such requirements are based upon local climatic, geologic, topographic, or public safety factors after prior review and approval by the state fire marshal to ensure that such variances achieve equivalent or enhanced levels of protection as the State Uniform Fire Prevention Code.

G. Nothing contained in this Section shall be construed as requiring any political subdivision to establish an office or any other kind of governmental unit in order to enforce provisions of the State Uniform Fire Prevention Code.

H. Nothing contained in this Section shall be construed as imposing any new or additional requirements upon any petroleum refining or chemical manufacturing facility which is subject to the United States Occupational Safety and Health Administration Hazard Communication Standard, 29 CFR 1910.1200.

I. The provisions of this Section shall not apply to any political subdivision that has adopted a model fire prevention code as of July 9, 1999, including review and approval by the state fire marshal of any future amendments, additions, or new editions of the model fire prevention code adopted by the political subdivision.

Acts 1999, No. 1137, §1, eff. July 9, 1999; Acts 2008, No. 126, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.
La. Rev. Stat. § 40:1250.2 — LA Code / Code revised-statutes / Title 40 / Section 1250.2
Legislative findings; declaration
Status: in_force

A. The legislature hereby finds all of the following:

(1) Access to quality services for persons with developmental, intellectual, adult-onset, or physical disabilities furnished by private providers is essential for the health, safety, and well being of those persons.

(2) Reliable and sufficient Medicaid reimbursement rates for private providers are necessary to create and maintain a sustainable statewide system of services for eligible individuals with disabilities.

(3) A statewide system of services is sustainable only if reimbursement rates are sufficient to enlist providers in numbers great enough to allow eligible individuals a choice among different providers who are capable of delivering quality services that will meet the assessed needs of those individuals in a timely manner.

B. The legislature hereby declares that this state must take steps to foster and maintain a robust network that attracts and retains quality providers which are capable of maintaining a stable workforce and are sufficient in number to allow for meaningful choices among providers by individuals eligible to receive disability services.

Acts 2019, No. 381, §1.
La. Rev. Stat. § 40:1139.10 — LA Code / Code revised-statutes / Title 40 / Section 1139.10
Federal and state aid
Status: in_force

The ambulance service district created hereunder shall have full power to do such things and enter into any contracts and agreements with any state or federal agency or instrumentality as may be necessary to procure aids and grants to assist such districts in carrying out the purpose for which they are created.

Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.30 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2180.12 — LA Code / Code revised-statutes / Title 40 / Section 2180.12
Definitions
Status: in_force

As used in this Part:

(1) "Crisis receiving centers" means an agency, business, institution, society, corporation, person or persons, or any other group, licensed by the Louisiana Department of Health to provide crisis identification, intervention, and stabilization services for people in behavioral crisis. Crisis receiving centers shall receive, examine, triage, refer, or treat people in behavioral health crisis.

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

Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
La. Rev. Stat. § 40:562 — LA Code / Code revised-statutes / Title 40 / Section 562
Housing authorities' ability to obtain information
Status: in_force

Notwithstanding any provisions of law to the contrary, particularly the provisions of R.S. 23:1660(C), any housing authority in the state and Louisiana Works may enter into a cooperative agreement for the ongoing disclosure of wage records and unemployment compensation data. Such disclosure shall be made through a computer matching operation to be used by the housing authorities to determine initial and continuing eligibility of applicants for and participants in any housing assistance program covered by the United States Department of Housing and Urban Development.

Acts 1997, No. 1188, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
La. Rev. Stat. § 40:2013.2 — LA Code / Code revised-statutes / Title 40 / Section 2013.2
Appointment of chaplains; compensation
Status: in_force

A. The Louisiana Department of Health may provide for the services on a contractual basis of a Catholic priest and a minister of the other non-Catholic predominating religious denomination of patients in each of the hospitals under its administration for persons with mental illness.

B. The Catholic priest shall be appointed by and subject to the Bishop or Archbishop in whose diocese or archdiocese the hospital for persons with mental illness is located. The minister of the other predominating religious denomination shall be selected and appointed by the secretary of the Louisiana Department of Health.

C. The Catholic priest and the minister of the predominating non-Catholic denomination shall be paid a monthly fee to be fixed by the secretary.

D. The secretary may provide for the employment of additional chaplains of any religious denomination on a contractual basis and shall have authority to fix their fees.

Added by Acts 1958, No. 35, §1. Amended by Acts 1977, No. 680, §23; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:38 — LA Code / Code revised-statutes / Title 40 / Section 38
Certified copies; issuance
Status: in_force

A certified copy of a vital record in the custody of the vital records registry shall be issued in accordance with other provisions of law governing disclosure of records under this Title and regulations duly promulgated in accordance with the Administrative Procedure Act. Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1; Acts 2024, No. 257, §1, eff. May 24, 2024.
La. Rev. Stat. § 40:543 — LA Code / Code revised-statutes / Title 40 / Section 543
Area of operation after dissolution
Status: in_force

After any dissolution and transfer, notwithstanding anything contained in R.S. 40:396, the area of operation of the receiving local housing authority shall include, nonexclusively, the area of operation of the transferring local housing authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1079.16 — LA Code / Code revised-statutes / Title 40 / Section 1079.16
Limitation of liability
Status: in_force

A. Any qualified professional who provides services in accordance with the provisions of this Subpart without the permission of one or both of the child's parents shall be presumed to be acting in good faith.

B. Any qualified professional found to be acting in good faith and in compliance with the provisions of this Subpart, and absent willful and wanton misconduct, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of action taken pursuant to this Subpart.

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.6 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1281.6 — LA Code / Code revised-statutes / Title 40 / Section 1281.6
Qualification by reciprocity
Status: in_force

The state health officer, upon application therefor and recommendation of the committee may issue a certificate, without examination, in a comparable classification to any person who holds a certificate in any state, territory or possession of the United States or any country providing the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of this Subpart and are of a standard not lower than that specified by regulations adopted under this Subpart and providing further that reciprocal privileges are granted by said state, territory, or possession to certified operators of this state.

Acts 1972, No. 538, §6; Redesignated from R.S. 40:1146 by HCR 84 of 2015 R.S.