La. Rev. Stat. § 40:2705 — LA Code / Code revised-statutes / Title 40 / Section 2705
Registration
Status: in_force

A. Each person operating a tanning facility on January 1, 1991, shall register the facility under this Chapter no later than March 1, 1991.

B. Each person acquiring or establishing a tanning facility after January 1, 1991, shall register the facility under this Chapter prior to beginning operation of such a facility.

C. The application required in Subsections A and B of this Section shall be submitted on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions.

D. The department shall require at least the following information on the forms provided for applying for registration of tanning facilities:

(1) Name, physical address, mailing address, and telephone number of the facility where the tanning equipment is being utilized.

(2) Name, mailing address, and telephone number of each owner of the tanning facility.

(3) Name of each tanning facility operator with a certification of each operator's training as provided in R.S. 40:2714(H).

(4) Each manufacturer, model number, serial number, and type of ultraviolet lamps or tanning equipment located at the tanning facility.

(5) Name of each tanning equipment supplier, installer, and service agent.

(6) The geographic areas of the state to be covered, if the application is for a mobile tanning facility.

(7) Copies of any posted warnings or notices which are not required by this Chapter but which address the safe or proper use of tanning equipment and protective devices.

(8) Copies of the consent forms and statements which the consumer will be required to sign pursuant to R.S. 40:2714(A).

(9) Procedures which each operator will be required to follow for the safe use of tanning equipment to include:

(a) Instructions to the consumer.

(b) Use of protective eyewear.

(c) Suitability of prospective consumers for tanning equipment use.

(d) Determination of duration of tanning exposures.

(e) Periodic testing of tanning equipment and timers.

(f) Handling of complaints of injury from consumers.

(g) Records to be maintained on each consumer.

(h) Sanitizing tanning equipment.

(10) Certification that the applicant has read and understands the requirements of this Chapter, such certification to be signed and dated by the manager of the facility and the owner of the tanning facility.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
La. Rev. Stat. § 40:42 — LA Code / Code revised-statutes / Title 40 / Section 42
Evidentiary character of certificates
Status: in_force

A. Except for delayed or altered certificates, every original certificate on file in the vital records registry is prima facie evidence of the facts therein stated. The names of parents as entered on birth and death records shall not be deemed to be prima facie evidence of the existence of a marriage between the said parents.

B. Certified copies of original certificates shall be admitted as evidence under the same conditions as the original certificate. Upon service of a subpoena at least seven days in advance of the return date, the state registrar shall forward a certified copy of the subpoenaed document, by certified mail, to the clerk of court or other lawful authority who issued the subpoena. A personal return with the original document shall not be required unless the court or other lawful authority, for good cause shown, orders the production of the original by a personal return by the state registrar or his designee.

Acts 1979, No. 776, §1. Amended by Acts 1981, No. 657, §1; Acts 1986, No. 876, §1; Acts 1986, No. 621, §2; Acts 1987, No. 341, §1.
La. Rev. Stat. § 40:1730.71 — LA Code / Code revised-statutes / Title 40 / Section 1730.71
Installation of modular housing
Status: in_force

A. Installation of a modular home with a value of less than thirty-seven thousand five hundred dollars shall be done pursuant to the Louisiana State Uniform Construction Code. Installation shall be done by a contractor licensed by the Louisiana Manufactured Housing Commission under R.S. 51:911.26 et seq. who may obtain local permits for the installation.

B. Installation of a modular home with a value equal to or greater than thirty-seven thousand five hundred dollars shall be done pursuant to the Louisiana State Uniform Construction Code. Installation shall be done by a residential building contractor licensed by the State Licensing Board for Contractors under R.S. 37:2150 et seq.

C. For the purposes of this Section, the value of the installation shall not include the cost of the component parts of the modular home in the condition each part leaves the factory. The seller shall maintain an itemized list of all other related costs. The installer, if not the seller, shall also maintain an itemized list of all installation costs.

D. For the purposes of this Section, "modular home" means a structure designed for residential occupancy, designed and constructed to the standards of the Louisiana State Uniform Construction Code, which is manufactured in one or more sections in a factory for installation on a permanent foundation at its final location. The term does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.A. §§5401-5426.

Acts 2009, No. 327, §1, eff. July 6, 2009.
La. Rev. Stat. § 40:2120.8 — LA Code / Code revised-statutes / Title 40 / Section 2120.8
Caregiver registry
Status: in_force

A. A caregiver registry shall not participate in any of the following:

(1) Employing, directing, or supervising caregivers.

(2) Providing clinical oversight of caregivers.

(3) Dictating any term or condition of a referred or matched caregiver's care relationship with an individual to whom the caregiver is referred or matched.

B. A caregiver registry shall provide information regarding licensed healthcare providers and facilities through which the caregiver may need to operate to provide care giving services.

C. A caregiver registry shall not constitute a home health agency as defined in R.S. 40:2116.31(B), a home- and community-based service provider as defined in R.S. 40:2120.2, or a nurse staffing agency as defined in R.S. 40:2120.13.

D. A caregiver registry shall conduct a background check on the healthcare providers listed on the registry.

E. A caregiver registry shall not refer, match, or place any caregiver to a licensed healthcare facility.

Acts 2025, No. 507, §1.
La. Rev. Stat. § 40:1496.15 — LA Code / Code revised-statutes / Title 40 / Section 1496.15
Assumption Parish fire protection districts; parish governing authority to constitute governing authority
Status: in_force

Notwithstanding any provision of this Part or any other law to the contrary, the governing authority of the parish of Assumption shall be the governing authority of each fire protection district within the parish and shall have all powers and duties provided by law for governing authorities of fire protection districts. No member of the parish governing authority shall receive any compensation, in addition to compensation as a member of the parish governing authority, for service in such capacity.

Added by Acts 1989, No. 44, §1.
La. Rev. Stat. § 40:1558.7 — LA Code / Code revised-statutes / Title 40 / Section 1558.7
Rules and regulations
Status: in_force

The board shall adopt such rules and regulations as are necessary to implement the provisions of this Part in accordance with the Administrative Procedure Act.

Acts 2013, No. 310, §2.
La. Rev. Stat. § 40:2190 — LA Code / Code revised-statutes / Title 40 / Section 2190
Time for making license application
Status: in_force

A. The provisions of this Part shall take effect January 1, 1989, except as provided herein.

B. The department shall develop appropriate rules and regulations necessary for the administration of this Part, and shall cause the publication in the Louisiana Register of the same not later than February 20, 1989.

C. No hospice as defined in this Part shall operate in Louisiana without a license issued in accordance with the provisions of R.S. 40:2183 after July 1, 1989.

Acts 1988, No. 941, §2; Acts 2016, No. 614, §8(A).
La. Rev. Stat. § 40:1741 — LA Code / Code revised-statutes / Title 40 / Section 1741
Educational program by Louisiana Rehabilitation Services and fire marshal
Status: in_force

Subject to appropriation for such purpose, Louisiana Rehabilitation Services and the state fire marshal may provide for educating the public and working with officials of cities, local building code inspectors, parishes, municipalities and other political subdivisions, private architects, designers, planners, and other interested parties in order to encourage and help them make all buildings, facilities, and improved areas accessible to and usable by persons with disabilities for purposes of rehabilitation, employment, business, recreation, and all other aspects of normal living. They shall work with architectural schools of the state and the State Board of Architectural Examiners to develop for inclusion in the architecture curriculum a course on barrier free design and to develop for inclusion in the architectural licensing test a section on barrier free design.

Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1.
La. Rev. Stat. § 40:611 — LA Code / Code revised-statutes / Title 40 / Section 611
Tolerance for poisonous ingredients in food and certification of coal-tar colors for food
Status: in_force

A. No poisonous or deleterious substance shall be added to any food unless it is required in the production of the food or cannot be avoided by good manufacturing practice. When such a substance is required or cannot be avoided, the department may, for the protection of public health, promulgate regulations limiting the quantity therein or thereon.

In determining the quantity of added substance to be tolerated in or on different articles of food, the department shall take into account the extent to which the use of this substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.

B. The department may promulgate regulations for the certification of coal-tar colors which are harmless and suitable for use in food.

This certificate shall contain the physiological factors tested and give notice that only those factors have been tested.

No person shall use this certificate in the label or advertising of any food.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1213.2 — LA Code / Code revised-statutes / Title 40 / Section 1213.2
Definitions
Status: in_force

As used in this Part:

(1) "Cholesterol screening" means determining the cholesterol level present in a person's blood by analyzing a drop of blood taken from him by means of a fingerstick sample.

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

(3) "Fingerstick sample" means a quantity of blood taken from a person by sticking his finger with a needle or lancet.

(4) "Mobile cholesterol screening unit" means a unit or operation that travels from one location to another and provides cholesterol screening services to the public without the necessity of a referral from a licensed physician.

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

Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.192 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:5.8 — LA Code / Code revised-statutes / Title 40 / Section 5.8
Definitions
Status: in_force

The following terms as used in this Chapter relative to public water systems shall have the following meanings:

(1) "Community water system" means a public water system that serves year-round residents within a residential setting. Examples of "community water systems" include systems serving municipalities, water districts, subdivisions, and mobile home parks.

(2) "Noncommunity water system" means a public water system that serves persons in a nonresidential setting. Examples of "noncommunity water systems" include systems serving schools, day care centers, hospitals, highway rest areas, restaurants, bars, and grocery stores.

(3) "Nontransient noncommunity water system" means a noncommunity water system that regularly serves at least twenty-five of the same persons over six months per year. Examples of "nontransient noncommunity water systems" include public water systems serving schools, day care centers, and hospitals.

(4) "Person" means an individual, a public or private corporation, an association, a partnership, a public body created by or pursuant to state law, the state of Louisiana, an agency or political subdivision of the state, a federally recognized Indian tribe, the United States government, a political subdivision of the United States government, and any officer, employee, and agent of one of those entities.

(5) "Potable water" means water having bacteriological, physical, radiological, and chemical qualities that make it safe and suitable for human drinking, cooking, and washing uses.

(6) "Public water system" means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. The term includes all of the following:

(a) Any collection, treatment, storage, and distribution facilities under the control of the operator of the system and used primarily in connection with the system.

(b) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.

(7) "State health officer" means the legally appointed or acting state health officer as defined in R.S. 40:2 and includes his duly authorized technical representative.

Acts 1991, No. 537, §1; Acts 1997, No. 814, §1; Acts 2001, No. 862, §1; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:2402 — LA Code / Code revised-statutes / Title 40 / Section 2402
Definitions
Status: in_force

As used in this Chapter:

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

(2) "Law enforcement training course" means a basic or advanced course of study certified by the council on peace officer standards and training, for the purpose of educating and training persons in the skills and techniques required of a peace officer in the discharge of his duties.

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

(b) "Peace officer" shall also include those sheriff's deputies whose duties include the care, custody, and control of inmates.

(c) "Peace officer" shall also include military police officers within the Military Department, state of Louisiana.

(d) "Peace officer" shall also include security personnel employed by the Supreme Court of the state of Louisiana.

(e) "Peace officer" shall also include security personnel employed by a court of appeal of the state of Louisiana.

(f) "Peace officer" shall also include the director of capitol security and security officers employed by the legislature upon recommendation of the director as provided by R.S. 24:681 et seq.

(4) "Training center" means any school, academy, institute, or any place of learning whatsoever, which offers or conducts a law enforcement training course.

Added by Acts 1976, No. 397, §1. Amended by Acts 1979, No. 489, §1; Acts 1984, No. 493, §1; Acts 2001, 2nd Ex. Sess., No. 8, §2, eff. Oct. 16, 2001; Acts 2003, No. 817, §1, eff. July 1, 2003; Acts 2009, No. 97, §1; Acts 2017, No. 272, §2, eff. June 16, 2017; Acts 2019, No. 294, §1; Acts 2022, No. 507, §2, eff. June 16, 2022.
La. Rev. Stat. § 40:599.1 — LA Code / Code revised-statutes / Title 40 / Section 599.1
Declaration of purpose
Status: in_force

The legislature hereby finds and declares the following:

(1) There exists in many cities of the state economically and physically depressed areas which, among other things, suffer from high unemployment, substandard and deteriorated structures, vacant and partially used lots, high crime rates, and other blighting influences and undesirable conditions.

(2) Since the economic and physical ills and problems of depressed areas typically necessitate the infusion of tax-supported services, improvements, and assistance to relieve and remedy, it is a matter of public policy and concern that corrective measures be taken.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1169.3 — LA Code / Code revised-statutes / Title 40 / Section 1169.3
Definitions
Status: in_force

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

(1) "Eligible patient" means a person to whom all of the following criteria apply:

(a) Has a terminal illness.

(b) As determined by the person's physician, has no comparable or satisfactory treatment options that are approved by the United States Food and Drug Administration and available to diagnose, monitor, or treat the person's disease or condition, and the probable risk to the person from the investigational drug, biological product, or device is not greater than the probable risk from the person's disease or condition.

(c) Has received a prescription or recommendation from his physician for an investigational drug, biological product, or device.

(d)(i) Has given his consent in writing for the use of the investigational drug, biological product, or device; or, if he is a minor or lacks the mental capacity to provide consent, a parent or legal guardian has given consent in writing on his behalf.

(ii) A person who can understand and comprehend spoken English but is physically unable to talk or write may be deemed as meeting the criteria of this Subparagraph if he is competent and able to indicate consent by other means.

(e) Has documentation from his physician indicating that he has met the requirements provided in this Subpart.

(2)(a) "Investigational drug, biological product, or device" means a drug, biological product, or device that has successfully completed phase one of a United States Food and Drug Administration approved clinical trial, but has not been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial.

(b) Notwithstanding Subparagraph (a) of this Paragraph, for purposes of this Subpart, "investigational drug, biological product, or device" shall include any device possessing the following characteristics regardless of whether it has successfully completed phase one of a United States Food and Drug Administration approved clinical trial:

(i)(aa) If of a robotic nature, the device is designed such that any failure in a multitude of continuous tests of its internal subsystems should cause motion to stop, consistent with the Guidelines For Robotics Safety from the Occupational Safety and Health Administration of the United States Department of Labor (Directive Number STD 01-12-002).

(bb) For purposes of this Item, "robotic nature" shall mean capable of independent motion or moving the user.

(ii) The device has all of the following features for intentional control:

(aa) The motion of the device responds to specific controls from the user.

(bb) The device has no machine state in which motion continues without a specific command from the user.

(iii) The device has an emergency stop button which allows an assistant to force the motion of the device to stop.

(3) "Terminal illness" means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely. This diagnosis shall be confirmed by a second independent evaluation by a board-certified physician in an appropriate speciality.

Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.423 by HCR 84 of 2015 R.S.; Acts 2017, No. 292, §1.
La. Rev. Stat. § 40:2131 — LA Code / Code revised-statutes / Title 40 / Section 2131
Short title
Status: in_force

This Part may be cited as the Ambulatory Surgical Centers Licensing Law.

Added by Acts 1976, No. 596, §1.
La. Rev. Stat. § 40:1205.7 — LA Code / Code revised-statutes / Title 40 / Section 1205.7
Rules
Status: in_force

The secretary shall promulgate rules and regulations necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.

Acts 1991, No. 502, §1; Redesignated from R.S. 40:1300.7 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1139.5 — LA Code / Code revised-statutes / Title 40 / Section 1139.5
Ambulance service district commission; qualifications, appointment, vacancies, removal, and compensation of members
Status: in_force

A. The ambulance service district created pursuant to this Part shall be governed by the Ambulance Service District Commission, hereafter referred to as the "commission". The commission shall be composed of seven members, one member from each congressional district and the remaining member or members from the state at large, appointed by the governor, subject to confirmation by the Senate, from a list of names submitted by the Louisiana Ambulance Alliance. The nomination list submitted to the governor shall include at least three nominees from each congressional district and at least three nominees for each position to be appointed from the state at large. Members of the commission shall be citizens and qualified electors of this state. Initially, three members of the commission shall be appointed for a two-year term, and the remaining members for four-year terms. Thereafter, all members shall be appointed for four years. Any vacancy on the board caused by death, resignation, removal, or disability of a member shall be filled for the unexpired term in the same manner as the original appointment.

B. Any member of the commission whose term expires shall continue to serve on the commission until such time that a successor is appointed.

C. Any member of the commission may be removed from office for cause and his appointment rescinded by a two-thirds vote of the membership of the governing authority.

D. The commission annually shall elect one of its members chairman, and one vice-chairman. The meetings shall be held at the domicile of the district established by the commission. At least four regular meetings shall be held annually. Special meetings may be held at such times and places as shall be specified, by call of the chairman or by a simple majority of the commission.

E. A majority of the members shall constitute a quorum of the board for all purposes and functions of the board.

F. Each member of the board shall receive a certificate or commission from the governor and before beginning his term of office shall file with the secretary of state a written oath or affirmation of faithful discharge of his official duties.

G. The members of the commission and all employees of the corporation shall be subject to the Code of Governmental Ethics. They shall be considered public employees as defined by R.S. 42:1102(18) and the corporation shall be considered an agency as defined by R.S. 42:1102(2) for purposes of the Code of Governmental Ethics only. All meetings of the board shall be open and subject to the provisions of R.S. 42:11 et seq. A record of all proceedings at regular and special meetings of the board shall be kept and shall be open to public inspection, except as otherwise provided by this Title or in R.S. 42:17.

H. No member of the board shall receive a per diem or shall be reimbursed for expenses incurred when attending a meeting of the board or any of its committees or for the time spent on behalf of the board on official business.

Acts 2010, No. 887, §1, eff. July 2, 2010; Acts 2012, No. 803, §11; Redesignated from R.S. 40:1236.25 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1496.4 — LA Code / Code revised-statutes / Title 40 / Section 1496.4
Calcasieu Parish Ward One Fire Protection District Number One
Status: in_force

Notwithstanding the provisions of R.S. 40:1496, a board of commissioners of the Calcasieu Parish Ward One Fire Protection District Number One is hereby created. The board of commissioners shall perform all duties, functions and powers provided in this Part and be responsible for the operation and maintenance of the district, and shall receive compensation as provided by R.S. 40:1498. The board shall consist of five members appointed by the governing authority for the parish of Calcasieu, and each member shall be a resident and elector of the parish of Calcasieu and shall serve on such board at the pleasure of the governing authority of the parish of Calcasieu. All funds of the Calcasieu Parish Ward One Fire Protection District Number One shall be administered through the Calcasieu Parish Treasurer's Office.

Added by Acts 1979, No. 363, §1.
La. Rev. Stat. § 40:2120.67 — LA Code / Code revised-statutes / Title 40 / Section 2120.67
Rules and regulations; licensing standards
Status: in_force

A. The department shall promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of PACE providers; to provide for the health, safety, welfare, well-being, and comfort of persons receiving services from PACE providers; and to provide for the safe operation and maintenance of PACE providers.

B. The department shall promulgate and publish rules, regulations, and licensing standards, which shall include but are not limited to the following:

(1) Licensure application, renewal, and conversion, including forms, procedures, and requirements.

(2) Operational requirements.

(3) Provision of services.

(4) Practice standards to ensure quality of care.

(5) Practice standards to ensure the health, safety, welfare, well-being, and comfort of persons receiving care and services.

(6) Confidentiality of clients' records.

(7) Criteria and protocols to ensure uniform and quality assessment, diagnosis, evaluation, and referral to appropriate level of care.

(8) Administration, personnel, and staffing requirements.

(9) Maintenance of written policies and procedures.

(10) Survey and complaint investigations, including investigations into allegations that a provider is operating without a license.

(11) License types, including provisional licenses.

(12) Denial, revocation, suspension, and nonrenewal of licenses, and any appeals.

(13) Planning, construction, and design of the provider to ensure the health, safety, welfare, well-being, and comfort of persons receiving care and services.

(14) Requirements for approval of PACE enrollees.

(15) Other regulations or standards to ensure proper care and treatment of persons receiving care and services at or from a PACE provider as may be considered necessary by the department for an effective administration of this Part.

C. No PACE organization or provider will be required to obtain a license in accordance with this Part until the initial rules, regulations, and licensing standards are promulgated by the department pursuant to the Administrative Procedure Act. Each entity that meets the definition of a PACE provider shall submit an initial licensing application and licensing fee to the department within ninety days of the promulgation of the initial rules, regulations, and licensing standards. If the entity is not licensed within one hundred eighty days after submission of its initial licensing application and fee, the entity shall cease and desist operations until such time as it is licensed as a PACE provider by the department.

Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:1749.25 — LA Code / Code revised-statutes / Title 40 / Section 1749.25
Department of Transportation and Development; compliance
Status: in_force

Department of Transportation and Development right-of-way permit procedures, as promulgated in accordance with the Administrative Procedure Act and set forth in Title 70 of the Louisiana Administrative Code, constitute compliance with the provisions of this Part only insofar as this Part imposes upon the Department of Transportation and Development the duties of a regional notification center or operator.

Acts 1997, No. 1050, §1, eff. July 11, 1997.
La. Rev. Stat. § 40:1113.1 — LA Code / Code revised-statutes / Title 40 / Section 1113.1
Definitions
Status: in_force

As used in this Part:

(1) "Autologous donations" means the donation or collection of blood, blood products, or tissue from a patient strictly intended for that patient's own future use.

(2) "Health care provider" means a person, partnership, corporation, facility, or institution licensed by the state or federal government to provide health care or professional services as a physician, osteopath, hospital, blood bank or tissue bank and/or an officer, employee, or agent thereof acting in the course and scope of his employment.

(3) "HIV test" means a laboratory test approved by the Louisiana Department of Health to detect antibodies to the human immunodeficiency virus.

(4) "Patient" means a natural person who receives health care from a health care provider.

(5) A "positive reaction" means a positive HIV test with a positive confirmatory test, including, but not limited to the western blot.

Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.141 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:34.12 — LA Code / Code revised-statutes / Title 40 / Section 34.12
Provision of information to aid implementation of program of family support
Status: in_force

Upon request, the state registrar shall provide the information required in R.S. 40:34.9 and 34.10(1) and (2) to the agency charged with implementing a program of family support in accordance with R.S. 46:236.1.1 et seq.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1646.1 — LA Code / Code revised-statutes / Title 40 / Section 1646.1
Inspectors
Status: in_force

The inspections and tests conducted pursuant to the provisions of this Subpart may be conducted by employees of the fire marshal, who may be reimbursed at reasonable rates determined by the fire marshal, or by qualified employees of certified fire protection sprinkler contractors, as such term is defined in R.S. 40:1625(2), or by licensed engineers or licensed architects as provided by law.

Acts 1991, No. 664, §1.
La. Rev. Stat. § 40:1105.6 — LA Code / Code revised-statutes / Title 40 / Section 1105.6
Reports; liability for
Status: in_force

A. No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of cancer registry data or data for cancer morbidity or mortality studies in accordance with this Part.

B. No license of a health care provider may be denied, suspended, or revoked for good faith disclosure of confidential or privileged information or the reporting of cancer registry data or data for cancer morbidity studies in accordance with this Part.

C. Nothing in this Part shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.

D. All information reported pursuant to this Part shall be confidential and privileged. The president shall take strict measures to ensure that all identifying information is kept confidential.

E. All information regarding case-specific data, as distinguished from group, tabular, or aggregate data concerning patients or health care providers contained in records of interviews, written reports, and statements procured by the president or by any other person, agency, or organization acting in connection with cancer morbidity and mortality studies shall be confidential and privileged and shall be used solely for the purposes of the study. Nothing in this Section shall prevent the president from publishing compilations relating to morbidity and mortality studies which do not identify case-specific data or sources of information.

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. 40:1299.85 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:4.15 — LA Code / Code revised-statutes / Title 40 / Section 4.15
Minimum disinfectant residual level of free or total chlorine throughout public water systems; rules and regulations; reporting
Status: in_force

A. The Louisiana Department of Health, office of public health, shall promulgate rules and regulations pursuant to the Administrative Procedure Act that require a public water system to maintain a minimum disinfectant level of free or total chlorine in the water being delivered to the distribution system, in finished water storage tanks, and in all points of the distribution. Such rules and regulations shall not specify a minimum disinfectant level of less than 0.1 parts per million. This Section shall apply to any water system that provides water for residential consumption and use. However, the provisions of this Section shall not apply to any private water system that supplies water to three or less residences or that is used primarily for agricultural operations as defined in R.S. 3:3602(5).

B. The department shall review such rules and regulations as necessary and shall submit an annual report as to the state of public water systems across Louisiana to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare no later than February first of each year.

C. An industrial user that owns, operates, and maintains a water system dedicated to the exclusive use of its operations or facilities may apply for a variance from any requirement to maintain a minimum disinfectant level of free or total chlorine in its water system. The department shall review any such variance request and may grant approval if not inconsistent with applicable federal statute, rule, or regulation. Nothing in this Section shall be construed to require such an industrial user or consumer holding such a variance or holding a variance pending final agency determination to reapply for such variance.

Acts 2014, No. 573, §1.
La. Rev. Stat. § 40:1219.2 — LA Code / Code revised-statutes / Title 40 / Section 1219.2
Definitions
Status: in_force

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

(1) "Federal poverty guidelines" means the most recent poverty guidelines as published in the Federal Register by the United States Department of Health and Human Services.

(2) "Income" means income from whatever source derived.

(3) "Office of elderly affairs" and "office" mean the office of elderly affairs within the office of the governor.

(4) "Programs" mean either the Louisiana Senior Rx Program or the Aging and Disability Information Station Program established in this Part.

Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.212 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1484.23 — LA Code / Code revised-statutes / Title 40 / Section 1484.23
Insurance; bond
Status: in_force

A. No operator shall operate an amusement attraction or amusement ride unless the operator has either of the following:

(1) An insurance policy in an amount of not less than one million dollars insuring the operator against liability for injury suffered by persons riding the amusement attraction or ride.

(2) A bond in a like amount, provided the aggregate liability of the surety of any such bond shall not exceed the face amount.

B. A certificate verifying coverage shall be filed with the office of state fire marshal, code enforcement and building safety.

C. In the event of cancellation of the policy or bond, the office of state fire marshal shall be notified by either the insurer or the bond holder no later than ten days prior to cancellation.

D. Upon request, the operator shall provide to any sponsor, lessor, landowner, or other person responsible for the offering of an amusement ride or attraction for public use a copy of the required insurance policy or bond and the certificate of registration issued by the state fire marshal.

E. The provisions of this Section shall also apply to operators of inflatable amusement devices. However, the policy of liability insurance or bond amount required of such operators shall be in an amount of not less than three hundred thousand dollars.

Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:2843 — LA Code / Code revised-statutes / Title 40 / Section 2843
Louisiana Emergency Response Network; creation; domicile
Status: in_force

A. The Louisiana Emergency Response Network is hereby created as a network which, through its board, shall direct the efforts to decrease trauma, stroke, and STEMI-related deaths and incidents of morbidity and mortality due to trauma, stroke, and STEMI in Louisiana. By maximizing the integrated delivery of optimal resources for patients who ultimately need acute trauma, stroke, and STEMI care, the network shall address the daily demands of trauma, stroke, and STEMI care and form the basis for disaster preparedness. The resources required for each component of the system shall be clearly identified, deployed, and studied to ensure that all injured patients gain access to the appropriate level of care in a timely, coordinated, and cost-effective manner.

B. The domicile of the network shall be Baton Rouge, Louisiana.

Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2022, No. 123, §1.
La. Rev. Stat. § 40:1730.28.5 — LA Code / Code revised-statutes / Title 40 / Section 1730.28.5
Mandatory adoption of the energy code provisions of certain nationally recognized codes and standards; amendments; effective date
Status: in_force

A. Notwithstanding R.S. 40:1730.28, the council shall evaluate, adopt, and amend the latest editions of the following as part of the State Uniform Construction Code:

(1) The International Energy Conservation Code.

(2) The International Residential Code, Part IV Energy Efficiency.

B. The codes listed in Subsection A of this Section as adopted by the council shall become effective July 1, 2023.

C.(1) The commission shall provide the council with amendments to include in the energy code provisions adopted pursuant to this Section.

(2) The council shall adopt only amendments to the energy code provisions adopted pursuant to this Subsection that are provided by the commission pursuant to R.S. 40:1730.28.4(E)(3).

(3) The council shall be in receipt of all amendments from the commission to be included in the energy efficiency provisions to be adopted pursuant to this Section by December 31, 2022, and the commission shall not provide any further amendments to the council after this date.

Acts 2022, No. 635, §1.
La. Rev. Stat. § 40:2117.1 — LA Code / Code revised-statutes / Title 40 / Section 2117.1
1. Definitions
Status: in_force

As used in this Part, the following definitions shall apply unless the content clearly states otherwise:

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

(2) "Dialysis" means a process by which dissolved substances are removed from an individual's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semipermeable membrane.

(3) "End stage renal disease" means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.

(4) "End stage renal disease facility" or "ESRD facility" means a facility that provides dialysis treatment or dialysis training to individuals diagnosed with end stage renal disease. For purposes of this Part, "end stage renal disease facility" does not include the following:

(a) A facility which provides only transplantation services.

(b) End stage renal disease 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 end stage renal disease facilities.

(5) "Transplantation services" means a process by which a kidney is excised from a live or cadaveric donor and is implanted in an end stage renal disease patient, and supportive care is furnished to the living donor and to the recipient following implantation.

Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2004, No. 190, §1, eff. June 10, 2004.
La. Rev. Stat. § 40:1500 — LA Code / Code revised-statutes / Title 40 / Section 1500
Districts as public corporations; powers
Status: in_force

A. Fire protection districts shall constitute public corporations and as such shall have all the powers of public corporations, including perpetual existence and the right and power to incur debt and contract obligations, to sue and be sued, and to have a corporate seal. Such districts shall also be authorized to do and perform all acts in their corporate capacity and in their corporate names necessary and proper for the purposes of acquiring, maintaining, and operating buildings, machinery, equipment, water tanks, water hydrants, water lines, and such other things, including both movable and immovable property, as might be necessary or proper for effective fire prevention and control or considered necessary by the governing body of the district for the protection of the property within the limits of the district against fire. However, districts may not own and operate systems of waterworks.

B. Districts may utilize their equipment to transport any injured or ill person to a hospital or other place of medical care in an emergency situation where there is no reasonable expectation of the prompt response of an ambulance or industrial ambulance.

C. Districts may enter into such contracts as they consider necessary or desirable to carry out the purposes for which they were created, including, specifically, contracts with private or public entities pursuant to which water for fire protection purposes shall be made available and paid for by the districts.

D. Districts may do such things and enter into such contracts and agreements with the United States or with any state or federal agency or instrumentality as are necessary to procure aid and grants to assist them in carrying out the purposes for which they were created.

Amended by Acts 1962, No. 470, §1; Acts 1975, No. 17, §1; Acts 1987, No. 90, §1.
La. Rev. Stat. § 40:1217.8 — LA Code / Code revised-statutes / Title 40 / Section 1217.8
Denial, modification, suspension, or termination of services; appeal procedure; judicial review
Status: in_force

A. The medical center, for cause, may deny the application of or modify, suspend, or terminate services to an applicant for or recipient of services after notice and opportunity for a hearing.

B. Any person who is aggrieved by a decision of the medical center with regard to a request for the provision of services may appeal such decision within thirty days. Such appeal shall be conducted in accordance with the Administrative Procedure Act and shall be subject to judicial review.

C. The provisions of this Section shall not apply if program services are restricted to conform to budgetary limitations that require the medical center to adopt service priorities regarding types of services to be furnished or classes of eligible persons.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.88 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1060 — LA Code / Code revised-statutes / Title 40 / Section 1060
Use of dimethyl sulfoxide (DMSO)
Status: in_force

A. No hospital or health facility shall interfere with the physician/patient relationship by restricting or forbidding the use of dimethyl sulfoxide, hereinafter referred to as "DMSO", when prescribed or administered by licensed physicians and requested by a patient unless a formal finding has been made by the state board of health that the substance as prescribed or administered by the physician is harmful. Furthermore, no hospital or health facility shall remove the staff privileges of a physician solely because said physician prescribed or administered DMSO to a patient under the conditions set forth in this Part.

B. No licensed physician in this state shall be subject to disciplinary action by the state board of medical examiners and aseopathic examiners for prescribing or administering DMSO to a patient under his care who has requested the substance unless the state boards have made a formal finding that the substance is harmful.

C. The patient, upon request for the administration of DMSO and after being fully informed as to alternative methods of treatment, shall sign a written statement releasing the physician and, when applicable, the hospital or health facility from any liability from damages which may arise from the use of DMSO.

Added by Acts 1980, No. 635, §1.
La. Rev. Stat. § 40:600.102 — LA Code / Code revised-statutes / Title 40 / Section 600.102
Trust funds
Status: in_force

All monies received by the corporation pursuant to the provisions of this Chapter shall be deemed to be trust funds, to be held and applied solely to or for the public functions and corporate purposes of the corporation.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1558.1 — LA Code / Code revised-statutes / Title 40 / Section 1558.1
Purpose
Status: in_force

A. The legislature finds and declares that volunteer fire departments make up the vast majority of fire departments in the state, and the number of volunteers is declining. Participation in volunteer fire departments is vital to public safety; therefore, it is crucial to the future of emergency services in this state to encourage participation in volunteer fire departments.

B. It is the purpose of this Part to provide for the creation of the Volunteer Firefighters' Tuition Reimbursement Fund, wherein the state may financially reimburse eligible students who volunteer with volunteer fire departments.

Acts 2013, No. 310, §2.
La. Rev. Stat. § 40:1309 — LA Code / Code revised-statutes / Title 40 / Section 1309
Rules and regulations
Status: in_force

The governor may prescribe such general administrative rules for the conduct of the affairs of the department, not inconsistent with law, as he thinks necessary or expedient.

The director of public safety may prescribe such administrative rules as he thinks necessary or expedient for the proper conduct of the work of the department and for making effective the provisions of law, so long as these rules are not inconsistent with the law or with any general rules prescribed by the governor.
La. Rev. Stat. § 40:2009.42 — LA Code / Code revised-statutes / Title 40 / Section 2009.42
Disclosure of ownership of nursing homes; penalties
Status: in_force

A. Any person who is employed by the state of Louisiana or any agency or department thereof which regulates or licenses nursing homes and who has any ownership, interest, or is the owner, in whole or in part, of any mortgage, deed of trust, note, or other obligation secured by a nursing home licensed in this state shall disclose such information to the state licensing authority, except for those nursing homes operated by a political subdivision of the state of Louisiana.

B. Whoever violates any provision of this Section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars.

Added by Acts 1975, No. 763, §1.
La. Rev. Stat. § 40:967.1 — LA Code / Code revised-statutes / Title 40 / Section 967.1
Prohibited acts-Schedule II; distribution of fentanyl with certain characteristics
Status: in_force

A. Any person who violates the provisions of R.S. 40:967(A) with respect to fentanyl, where the fentanyl or packaging of the fentanyl reasonably appeals to a minor, shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years without benefit of probation, parole, or suspension of sentence.

B. Any person who violates the provisions of R.S. 40:967(A) with respect to fentanyl, where the fentanyl or packaging of the fentanyl is designed to resemble branded prescription medication or its generic equivalent, shall be imprisoned at hard labor for not less than ten years nor more than forty years without benefit of probation, parole, or suspension of sentence.

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

(1) "Fentanyl" shall mean a substance or mixture containing a detectable amount of fentanyl or its analogues, or carfentanil or a mixture or substance containing a detectable amount of carfentanil or its analogues.

(2) "Reasonably appeals to a minor" shall mean a design of the fentanyl or the fentanyl's packaging that, due to the shape, color, taste, or design, includes but is not limited to a resemblance of any of the following:

(a) A noncontrolled substance that is primarily consumed by and marketed to minors.

(b) The shape of an animal, vehicle, person, or character.

(c) Food or beverage that is attractive to minors and that is commonly sold in retail establishments, regardless of whether the food or beverage is generic, trademarked, or a branded product.

(d) Candy.

Acts 2024, 2 nd Ex. Sess. No. 19, §1; Acts 2024, No. 85, §1.
La. Rev. Stat. § 40:2162.8 — LA Code / Code revised-statutes / Title 40 / Section 2162.8
Program approval
Status: in_force

Implementation of the program authorized by this Part shall be subject to approval by the Centers for Medicare and Medicaid Services and approval of the Joint Legislative Committee on the Budget.

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:1399 — LA Code / Code revised-statutes / Title 40 / Section 1399
Police protection for the governor or other authorized persons
Status: in_force

A. The office of state police shall provide and maintain the security for the governor, the governor's immediate family, other persons authorized by the governor, and the governor's office and mansion, and the grounds thereof.

B. The office of state police may employ personnel necessary to carry out this responsibility, including uniformed and nonuniformed commissioned state police officers, pursuant to R.S. 40:1375, who shall have authority to bear arms and make arrests, with or without warrant, for violations of any of the criminal laws of the state, under the same terms and conditions as investigative personnel of the office, and who shall be considered peace officers for all purposes.

C. The deputy secretary for public safety services, in accordance with R.S. 36:405(A)(2), shall assign commissioned state police officers for the performance of the duties prescribed in this Section. Upon request of the governor, the deputy secretary shall reassign a commissioned state police officer from continued performance of such duties.

D. Per diem and subsistence allowance for security personnel traveling with the governor or his family away from Baton Rouge shall be computed by payment of a sum not exceeding the amounts permitted for meals, plus actual expenses for lodging, to be substantiated by paid bills therefor.

E. The office of state police may provide security or transportation to visiting governors and their families upon request by the governor.

F. The office of state police may coordinate transportation and protective services provided herein with other law enforcement agencies and may request the assistance of other law enforcement agencies to carry out the duties required herein. The other law enforcement agencies of the state may provide such assistance as may be requested by the office of state police under this Section.

G. The office of state police shall coordinate all protective services with the United States Department of State and the United States Secret Service when requested to do so by such agencies or by the governor.

Acts 1988, No. 681, §1.
La. Rev. Stat. § 40:2405.4 — LA Code / Code revised-statutes / Title 40 / Section 2405.4
Additional requirements of peace officers
Status: in_force

A. Notwithstanding any provision of law to the contrary, any person being hired as a peace officer with a law enforcement agency on or after August 15, 2003, shall provide the law enforcement agency with a sample of his DNA material and fingerprint prior to the commencement of the discharge of his duties. The law enforcement agency shall also conduct a criminal background check of any peace officer it employs after August 15, 2003.

B. Any person currently employed as a peace officer and employed in that position prior to August 15, 2003, may elect to provide the law enforcement agency with which he is employed with a sample of his DNA material.

C. Any person hired as a peace officer with a law enforcement agency on or after August 15, 2003, shall have his DNA collected and the biological sample stored. A person currently employed as a peace officer may authorize that his DNA be tested by the taking of a biological sample.

D. The DNA material collected pursuant to the provisions of this Section shall be stored in a secure and protective manner and location.

E. Before any DNA material may be tested, the peace officer shall be notified in writing, and the peace officer must give his written consent to his DNA material being tested before any such procedure, testing, or analysis is undertaken.

F. If the peace officer does not consent in writing to the testing of his DNA, the DNA of an individual peace officer may be tested only upon a showing of probable cause before the judge who issues the court order authorizing the testing of the DNA of the peace officer.

G.(1) To ensure privacy rights of each peace officer who gives a DNA sample, the DNA may only be used, tested, or released for either of the following two purposes:

(a) Upon a finding of probable cause by a judge in a criminal case that the peace officer has committed a criminal act, unless the peace officer consents in writing to another use, testing, or release of the DNA.

(b) Upon the death of a peace officer and the use of the DNA is necessary to provide a positive identification of the decedent.

(2) Any person who violates the provisions of this Subsection shall be subject to a fine not to exceed five thousand dollars or imprisonment for not more than three years, or both.

H. The division of public safety services, office of state police, after receiving input from local law enforcement agencies and local law enforcement officers, shall adopt a uniform system for testing of DNA material as provided for in this Section and all such other rules and regulations as may be necessary to implement the provisions of this Section, all in accordance with the Administrative Procedure Act.

I. For purposes of this Section:

(1) "DNA" shall have the same meaning as in R.S. 15:603.

(2) "Peace officer" shall have the same meaning as in R.S. 40:2402 with the exception of full-time military police officers within the Military Department. "Peace officer" shall also include all law enforcement officers employed by any public college or university in this state.

Acts 2003, No. 894, §1; Acts 2018, No. 502, §1.
La. Rev. Stat. § 40:1160.3 — LA Code / Code revised-statutes / Title 40 / Section 1160.3
Consent to medical examinations; anesthetized patients; penalties
Status: in_force

A. A healthcare provider licensed or certified to practice a profession shall not perform a pelvic or rectal examination, hereinafter referred to as "examination", on an anesthetized or unconscious patient unless at least one of the following conditions is met:

(1) The patient or the personal healthcare representative provides written consent to the examination, and the examination is necessary for instructional, preventive, diagnostic, or treatment purposes.

(2) The patient or the personal healthcare representative has provided informed consent to a surgical procedure or examination to be performed on the patient, and the performance of an examination is within the scope of care ordered for the surgical procedure or examination.

(3)(a) The patient is unconscious and incapable of providing consent, and the examination is medically necessary.

(b) A healthcare provider who performs an examination pursuant to this Paragraph shall inform the patient that an additional examination was performed and the nature of the examination. The healthcare provider shall notify the patient of the examination at a reasonable time before the patient is discharged from his care.

B. Any violation of the provisions of this Section may constitute grounds for adverse licensure action by the applicable professional licensing board exercising jurisdiction over the healthcare provider.

Acts 2020, No. 269, §1.
La. Rev. Stat. § 40:1283.1 — LA Code / Code revised-statutes / Title 40 / Section 1283.1
Purpose
Status: in_force

A. It is the intent of the legislature to establish an Environmental Health Surveillance System (EHSS) in accordance with this Part. The purpose of the EHSS shall be to establish ongoing surveillance of the environmental factors, including physical, chemical, biological, and social factors and diseases affecting the citizens of this state, with a focus on disease trends and research. The Board of Regents is hereby requested to cooperate with the division and the office in establishing the EHSS.

B. The objectives of the EHSS are as follows:

(1) To track and evaluate environmental factors, including physical, chemical, biological, and social factors, that may play a role in the development of certain chronic diseases.

(2) To develop data in a standardized format for optimal use with other public health databases and to allow government, university, and public health officials to develop hypotheses for research on the potential impact of environmental factors on chronic diseases.

(3) To provide information to the Louisiana Department of Health, the Department of Environmental Quality, or any other relevant public or private entity for the development of appropriate preventive strategies.

Acts 2003, No. 666, §1; Redesignated from R.S. 40:1300.171 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1301 — LA Code / Code revised-statutes / Title 40 / Section 1301
Creation and organization of department
Status: in_force

The Department of Public Safety is created and consists of the position of Director of Public Safety, the Divisions of State Police and Fire Training, the Organized Crime Intelligence Division, and such other divisions as are established in accordance with this Part.

Amended by Acts 1971, No. 159, §1.
La. Rev. Stat. § 40:2901 — LA Code / Code revised-statutes / Title 40 / Section 2901
Short title
Status: in_force

This Chapter may be cited as the "Police Data Accountability, Transparency, and Analysis Act" or the "Police DATA Act".

Acts 2019, No. 165, §1.
La. Rev. Stat. § 40:1394.1 — LA Code / Code revised-statutes / Title 40 / Section 1394.1
Annual salary schedule
Status: in_force

The deputy secretary of public safety services of the Department of Public Safety and Corrections, office of state police, shall prepare and submit a report of salary schedules for troopers and officers of the state police service, whether classified or unclassified, to the governor, the commissioner of administration, and the speaker of the House of Representatives and the president of the Senate for distribution by them to the members of each house of the legislature not later than the fifteenth day of November prior to the regular session held pursuant to Article III, Section 2(A)(4) of the Constitution of Louisiana. The report shall include a comparison of the salaries of troopers and officers of the division of state police, with the salaries of local law enforcement officers in the state in addition to other matters deemed pertinent by the superintendent. The report may contain such other information as deemed appropriate by the deputy secretary.

Acts 2005, No. 207, §1; Acts 2008, No. 60, §1.
La. Rev. Stat. § 40:510 — LA Code / Code revised-statutes / Title 40 / Section 510
Exclusion or ejection of unauthorized persons
Status: in_force

Persons who are present on the developments or other property of the authority, and who are not residents, their guests, or employees of the local housing authority, its guests, law enforcement officers, or others conducting official business, may be excluded from such premises by the local housing authority, and, if said persons shall refuse to leave, after first being requested to do so, said persons shall be considered trespassers who shall be subject to an applicable state or local trespass law. Additionally, and without limiting the foregoing, the local housing authority may obtain injunctions for the temporary or permanent exclusion of such persons from authority property.

Acts 1990, No. 467, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1248.10 — LA Code / Code revised-statutes / Title 40 / Section 1248.10
Eligibility of funds for federal match; conformance with requirements of federal Medicaid agency
Status: in_force

To the extent that any provision of this Subpart or procedure established in accordance with this Subpart causes a local hospital assessment payment authorized by this Subpart to be ineligible for federal matching funds, the parish may provide by rule for an alternative provision or procedure that conforms to the requirements of the Centers for Medicare and Medicaid Services.

Acts 2020, No. 330, §1.
La. Rev. Stat. § 40:2864 — LA Code / Code revised-statutes / Title 40 / Section 2864
Duties of pharmacy benefit managers
Status: in_force

A. A pharmacy benefit manager shall owe the beneficiaries of any pharmacy benefit management plan administered by the pharmacy benefit manager and to the entities that have entered into a contract with the pharmacy benefit manager the duties of good faith, honesty, trust, confidence, and candor.

B. The standard for the fulfillment of a pharmacy benefit manager's duties shall be to act with a high degree of care, skill, prudence, and diligence required of a reasonable and prudent person with substantial experience and expertise in the management of pharmacy benefit management plans and payment of claims.

C. Failure of a pharmacy benefit manager to satisfy the duties established in this Section shall not create a separate or independent cause of action nor shall it be construed to prohibit any cause of action established by or recognized in federal or state law.

Acts 2019, No. 124, §3, eff. July 1, 2020.
La. Rev. Stat. § 40:1723 — LA Code / Code revised-statutes / Title 40 / Section 1723
Administration; exception
Status: in_force

A. The Louisiana Building Code shall be administered by the facilities planning and control department of the Division of Administration.

B. However, nothing contained herein shall affect the state fire marshal and his jurisdiction on matters of life safety and related areas as provided by Part III of Chapter 7 of this Title.

Added by Acts 1975, No. 706, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 356, §1; Acts 2003, No. 387, §1, eff. Jan. 1, 2004; Acts 2014, No. 836, §3, eff. Jan. 1, 2016.
La. Rev. Stat. § 40:2109.1 — LA Code / Code revised-statutes / Title 40 / Section 2109.1
Hospital reports on complications of surgical procedures resulting from an abortion
Status: in_force

A. A hospital licensed by the Louisiana Department of Health, pursuant to this Part shall submit a report to the department on patients who present for treatment in the emergency department as a result of complications after an abortion as defined in R.S. 14:87.1. The report shall be confidential, shall be exempt from disclosure pursuant to the Public Records Law, R.S. 44:1 et seq., and shall not contain the name or address of the patient.

B. The Louisiana Department of Health, in consultation with the Louisiana State Board of Medical Examiners, shall promulgate rules regarding the electronic coding, reporting, and tracking of complications after any abortion that is treated at any hospital.

C.(1) The report required by Subsection A of this Section shall include the following information, if known:

(a) The date of the abortion.

(b) The name and address of the facility where the abortion was performed or induced.

(c) The nature of the abortion complication diagnosed or treated.

(d) The name and address of the facility where the post-abortion care was performed.

(2) Each facility that is subject to the requirements of this Section shall ensure that a staff member of the facility attempts to obtain the information required by Paragraph (1) of this Subsection from any patient prior to the patient's discharge from the facility who presents for treatment in the emergency department of the facility as a result of complications after an abortion.

(3) The report shall be submitted on a form created by the Louisiana Department of Health. The Louisiana Department of Health shall publicly report aggregate data annually by facility where the abortion was performed or induced.

Acts 2021, No. 425, §1.
La. Rev. Stat. § 40:2107 — LA Code / Code revised-statutes / Title 40 / Section 2107
Fees and limitations
Status: in_force

A. The application by any person for a license or renewal of a license to operate a hospital shall be accompanied by a fee of one hundred dollars plus three dollars per bed which is hereby levied as the license fee for operation of a hospital for a period of one year; provided hospitals subject to the licensing requirements of this Part which are owned and operated by the state of Louisiana shall be exempt from payment of the fees stipulated in this Section. The fees herein levied and collected shall be paid into the general fund.

B. Each license issued hereunder shall be for a period of one year from date of issuance unless sooner revoked, shall be on a form prescribed by the Department, shall not be transferable or assignable, shall be issued only for the person and premises named in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application and payment of the license fee as in the case of the procurement of an original license.

Added by Acts 1961, No. 90, §1; Amended by Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1986, No. 497, §1, eff. July 2, 1986.
La. Rev. Stat. § 40:2175.8 — LA Code / Code revised-statutes / Title 40 / Section 2175.8
Patient's right to unimpeded, private, and uncensored telephone communications; condition of facility licensing; penalties
Status: in_force

A. A patient in an outpatient abortion facility shall be permitted unimpeded, private, and uncensored communications with persons by telephone. No outpatient abortion facility shall require a patient to forego possession of the patient's mobile phone or cellular phone as a condition for receiving services or patient access to the facility.

B. A violation of this Section shall be considered a violation of a condition of licensure and shall be subject to the penalties provided for in R.S. 40:2199.

C.(1) The provisions of this Section shall not be construed to provide a right to an abortion and are superseded by other provisions of law that restrict or prohibit abortion.

(2) The provisions of this Section are intended to regulate the practice of abortion to provide for the health, safety, and welfare of women in outpatient abortion facilities until such time and to the extent that the state of Louisiana no longer regulates outpatient abortion facilities.

Acts 2022, No. 537, §1, eff. June 17, 2022; Acts 2022, No. 548, §7.
La. Rev. Stat. § 40:1289.2 — LA Code / Code revised-statutes / Title 40 / Section 1289.2
Definition
Status: in_force

For purposes of this Subpart, the term "mold" means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include but are not limited to cladosporium, alternaria, aspergillus, trichoderma, memnoniella, mucor, and stachybotrys chartarum.

Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.412 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
La. Rev. Stat. § 40:1547 — LA Code / Code revised-statutes / Title 40 / Section 1547
Office of state fire marshal Fire and Emergency Training Academy Film Library Fund; creation
Status: in_force

A. The office of state fire marshal Fire and Emergency Training Academy located at Baton Rouge is hereby authorized to create an office of state fire marshal Fire and Emergency Training Academy Film Library Fund for the establishment of a film library.

B. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated to pay all obligations secured by the full faith and credit of the state which become due and payable within a fiscal year, the treasurer in each fiscal year shall pay into a special fund, which is hereby created in the state treasury and designated as the office of state fire marshal Fire and Emergency Training Program Film Library Fund, the sum of fifty thousand dollars to be appropriated by the legislature. The sum appropriated in this Subsection shall be in addition to any other appropriations made to the office of state fire marshal Fire and Emergency Training Academy.

C. The Film Library created by this Section shall provide training films, public education fire service films, and fire prevention films to be used by the volunteer fire departments, paid fire departments, and industrial fire brigades of the state of Louisiana. The library shall be operated by and under the jurisdiction of the Fire and Emergency Training Program of the office of state fire marshal located at Baton Rouge.

Added by Acts 1981, No. 941, §1; Acts 2022, No. 231, §3.
La. Rev. Stat. § 40:757 — LA Code / Code revised-statutes / Title 40 / Section 757
Penalty
Status: in_force

Whoever violates any provision of this Part shall be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.
La. Rev. Stat. § 40:522 — LA Code / Code revised-statutes / Title 40 / Section 522
Limitations
Status: in_force

Nothing contained in R.S. 40:515 through 519 shall require or permit any payment to a representative that is redundant to the proceeds of any insurance policy payable to the representative in connection with the same matter as that for which indemnity would otherwise be given. Further, no discretionary payment of indemnity shall be made if such payment would jeopardize the ability of the authority to carry on its customary activities and meet its other obligations.

Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1501.10 — LA Code / Code revised-statutes / Title 40 / Section 1501.10
Caddo Parish Fire District No. 6; authority to levy sales and use tax
Status: in_force

A. Notwithstanding any other provision of law to the contrary, Caddo Parish Fire District No. 6 may levy and collect a sales and use tax not to exceed one percent pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire District No. 6 may levy the tax only if the levy of the tax is approved by a majority of the qualified electors of the district voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code and held on a date that corresponds with an election date provided by R.S. 18:402(A)(1) or (B)(1).

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

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

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

Acts 2024, No. 388, §1.
La. Rev. Stat. § 40:605 — LA Code / Code revised-statutes / Title 40 / Section 605
Examinations, investigations, and hearings conducted by board or agent
Status: in_force

The department, or any designated officer or employee thereof, may conduct examinations and investigations for purposes of this Part.

Hearings authorized or required by this Part shall be conducted by the department or the officer or employee designated by it for the purpose.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:969 — LA Code / Code revised-statutes / Title 40 / Section 969
Prohibited acts--Schedule IV; penalties
Status: in_force

A. Manufacture; distribution. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally:

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

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

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

(1) Flunitrazepam shall be sentenced to a term of imprisonment at hard labor for not less than one year nor more than twenty years and pay a fine of not more than fifty thousand dollars.

(2) Any other controlled dangerous substance classified in Schedule IV, except flunitrazepam, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than one year nor more than ten years and, in addition, may be sentenced to pay a fine of not more than fifteen thousand dollars.

C. Possession. (1) It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule IV unless such substance was obtained directly or pursuant to a valid prescription or order from a practitioner, or as provided in R.S. 40:978, while acting in the course of his professional practice or except as otherwise authorized by this Part. Any person who violates this Subsection with respect to:

(a) Flunitrazepam shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and may, in addition, be required to pay a fine of not more than five thousand dollars.

(b) Any other controlled dangerous substance shall be imprisoned, with or without hard labor, for not less than one year nor more than five years and, in addition, may be required to pay a fine of not more than five thousand dollars.

(2) It shall not be a violation of this Subsection for a pregnant woman to possess mifepristone or misoprostol for her own consumption.

D. Whoever, with the intent to commit a crime of violence as defined in R.S. 14:2(B)(10) against an individual, violates Subsection A of this Section by administering a controlled dangerous substance to a person who is unaware that the controlled dangerous substance has been or is being administered to him, shall be sentenced to a term of imprisonment at hard labor for not less than five years nor more than forty years and may be fined not more than one hundred thousand dollars.

Added by Acts 1972, No. 634, §1. Amended by Acts 1973, No. 207, §6; Acts 1997, No. 1191, §1; Acts 2005, No. 14, §1; Acts 2017, No. 281, §2; Acts 2018, No. 206, §4; Acts 2024, No. 246, §3, eff. Oct. 1, 2024.
La. Rev. Stat. § 40:77 — LA Code / Code revised-statutes / Title 40 / Section 77
Certified copy for adoptive parents; issuance of original birth certificate
Status: in_force

A. Upon completion of the new record as provided for in R.S. 40:76 with respect to an adopted person who was born in Louisiana and adopted in another state, the state registrar shall issue to the adoptive parents a certified copy of the new record and shall place the original birth certificate, the contact preference form submitted pursuant to Subsection F of this Section, and the copy of the decree and related documents in a sealed package and shall file the package in its archives.

B. Except as provided in R.S. 40:74, this sealed package shall be opened only upon the demand of the adopted person, or if deceased, by his or her descendants, or upon the demand of the adoptive parent, or the state registrar, or the recognized public or private social agency which was a party to the adoption, and then only as provided in Subsections E and F of this Section or by order of a Louisiana court of competent jurisdiction at the domicile of the vital records registry which court order shall issue only after a showing of compelling reasons, and opened only to the extent necessary to satisfy such compelling necessity.

C. In satisfying the requirement that information shall be revealed only to the extent necessary to satisfy the compelling necessity shown, the court is further authorized to use the services of the curator ad hoc appointed pursuant to Code of Civil Procedure Article 5091.2.

D. Except as provided in Subsection E of this Section, all motions for records under this Section shall be in accordance with and subject to the provisions of Children's Code Articles 1188 through 1192 and, if an adoption agency is involved, the agency shall be served with a copy of the motion as provided in Code of Civil Procedure Article 1313.

E.(1) Notwithstanding any provision of the law to the contrary, an adopted person who is twenty-four years of age or older may request an uncertified copy of his birth certificate from the state registrar. Upon such a request, the registrar shall open the sealed package and issue an uncertified copy of the original birth certificate to the adopted person.

(2) The uncertified copy of the original birth certificate shall be issued to the adopted person in accordance with the regulations duly promulgated in accordance with the Administrative Procedure Act for a certified copy of a vital record in the custody of the vital records registry.

F.(1) A birth parent may at any time request from the state registrar a contact preference form that shall accompany the adopted person's original birth certificate.

(2) The contact preference form shall provide the following information to be completed at the option of the birth parent who shall indicate his intentions as follows:

(a) I would like to be contacted.

(b) I would prefer to be contacted only through an intermediary.

(c) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the state registrar.

(3) The contact preference form is a confidential communication from the birth parent to the person named on the sealed birth certificate and shall be placed in the sealed packet containing the original birth certificate. The contact preference form shall be released to an adopted person when he requests his original birth certificate pursuant to Subsection E of this Section.

Acts 1979, No. 776, §1. Acts 1986, No. 876, §1; Acts 2020, No. 470, §2; Acts 2022, No. 470, §2.
La. Rev. Stat. § 40:1596.5 — LA Code / Code revised-statutes / Title 40 / Section 1596.5
Method of retention
Status: in_force

The office of state fire protection is hereby authorized to microfilm or use any other generally accepted method of recording for preservation of written documents for the purpose of retaining the records, however, no original record may be destroyed until at least one year has elapsed from the date of the making of such record or final disposition of the matter involving the record, whichever is longer.

Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
La. Rev. Stat. § 40:509 — LA Code / Code revised-statutes / Title 40 / Section 509
Identification of persons
Status: in_force

A local housing authority may establish and implement such regulations, procedures, and systems as it deems appropriate for the identification of persons and vehicles present on its developments or other property. Such rules, procedures, and systems may include but shall not be limited to requirements for personal identification cards, guest registration and identification, registration of vehicles, restricted pedestrian and vehicular access, and other measures for verification that persons present upon the authority's developments or property are entitled to be so present.

Added by Acts 1989, No. 169, §1, eff. June 22, 1989. Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1509 — LA Code / Code revised-statutes / Title 40 / Section 1509
Appointment of board of commissioners of certain fire protection districts
Status: in_force

Notwithstanding any provision of law to the contrary, the board of commissioners of a fire protection district in the parishes of Avoyelles, Lincoln, St. John the Baptist, and Webster shall be comprised of at least one member from each ward located within the boundaries of the district. The respective parish governing authorities shall implement this Section by providing for appointment of members, including those from municipalities, in such manner, and by adding such members, as shall be necessary to implement these provisions.

Acts 1993, No. 808, §1; Acts 2001, No. 722, §1, eff. June 25, 2001; Acts 2011, 1 st Ex. Sess., No. 12, §1, eff. June 12, 2011.
La. Rev. Stat. § 40:2123 — LA Code / Code revised-statutes / Title 40 / Section 2123
Eligibility for assistance
Status: in_force

Any child whose physical, emotional, mental, or neurological condition so deviates from the normal that he cannot, without special therapy, protective care, or training satisfactorily participate in community living is eligible for assistance under this Part, provided that said child shall be a resident of the state at the time of the application for assistance and a diagnostic workup has been performed pursuant to Louisiana Department of Health rules and regulations.

Acts 1981, No. 673, §1.
La. Rev. Stat. § 40:1852 — LA Code / Code revised-statutes / Title 40 / Section 1852
Regulations
Status: in_force

A. The Liquefied Petroleum Gas Commission shall formulate, adopt, and promulgate rules and regulations for retail stations for the safe storage, handling, and use of liquefied petroleum gases used as motor fuels.

B. The rules and regulations shall be in substantial conformity with the applicable provisions of the published standards of the National Fire Protection Association, covering the storage, handling, and use of liquefied petroleum gases used as motor fuels.

Acts 1990, No. 779, §1.
La. Rev. Stat. § 40:1501.5 — LA Code / Code revised-statutes / Title 40 / Section 1501.5
Fire protection districts in the parish of Tangipahoa; authority to levy sales and use tax
Status: in_force

A. Fire protection districts in the parish of Tangipahoa are hereby authorized to levy and collect a one-half of one percent sales and use tax within each parish fire protection district pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana.

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

C. The sales and use tax so levied shall be imposed by a resolution of the board of commissioners of each district and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the storage for use or consumption of tangible personal property, and on sales of services in the district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 1 ; said tax shall be levied only after approval by a majority of the electors of the district voting in an election conducted in accordance with the election laws of the state of Louisiana.

D. This tax shall be in addition to all other taxes and shall be collected at the same time and in the same manner as set forth in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 1 .

Acts 2002, No. 82, §1, eff. June 25, 2002; Acts 2011, 1 st Ex. Sess., No. 12, §1, eff. June 12, 2011.

1 R.S. 47:301 et seq.
La. Rev. Stat. § 40:1730.55 — LA Code / Code revised-statutes / Title 40 / Section 1730.55
Third-party providers
Status: in_force

Third-party providers shall be registered with the council in accordance with R.S. 40:1730.35.

Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:34.10 — LA Code / Code revised-statutes / Title 40 / Section 34.10
Death certificate; required contents
Status: in_force

The certificate of death shall contain, as a minimum, the following items:

(1) Full name of the decedent.

(2) The social security number issued to the decedent, unless a social security number cannot be obtained.

(3) Sex.

(4) Race.

(5) Ethnicity.

(6) Conjugal status; single, married, widowed, or divorced. If married, name of spouse.

(7) Age, in years, months, and days. If less than one day, in hours or minutes.

(8) Occupation, including any remunerative employment; the trade, profession, or particular kind of work; the general nature of the industry, business, or establishment in which employed.

(9) Place of residence, address, including city or town and state.

(10) Date of birth, including year, month, and day.

(11) Place of birth; if of foreign birth, how long in the United States.

(12) Name and birthplace of father.

(13) Maiden name and birthplace of mother.

(14) Place of death, address, including city or town and state.

(15) Name and address of the informant of the above items. The informant may be any competent person acquainted with the facts, attesting to the accuracy of the above information.

(16) Official signature of the local registrar, with the date when the certificate containing the above items was filed and the registered number of the certificate.

(17) Date and place of burial, cremation, or removal.

(18) Signature and address of undertaker, or person acting as such, on the statement of facts required in Paragraph (17) of this Section.

(19) The medical certification of the physician, if any, last attending to the deceased, which certificate shall be made and signed by the physician within twenty-four hours after death with his name and address. In the absence of a physician, the parish coroner shall sign the certificate. In either event, the certification shall contain the following items:

(a) The fact and date of death, including year, month, day, and the time of the day.

(b) Time in attendance.

(c) Time he last saw the deceased alive.

(d) Cause of death, showing the course of the disease or the sequence of causes resulting in the death; and contributory or secondary causes, the duration of each, and whether any primary or secondary causes of death are attributed to dangerous or insanitary conditions of employment. If the cause of death was violent, the certificate shall show the determination of the coroner as to whether the death was probably accidental, suicidal, or homicidal.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:579 — LA Code / Code revised-statutes / Title 40 / Section 579
Power conferred in Part supplemental
Status: in_force

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

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1211.3 — LA Code / Code revised-statutes / Title 40 / Section 1211.3
Notice concerning supplemental screening
Status: in_force

A. Upon completion of any screening mammogram, regardless of whether the mammogram was directed by prescription of a licensed practitioner, each mammography facility certified by the United States Food and Drug Administration or by a certification agency approved by the United States Food and Drug Administration shall mail to the patient, in addition to any letter or report required by 21 CFR Part 900, the following notice in conspicuous and legible type which is not smaller than twelve-point font:

"If your mammogram demonstrates that you have dense breast tissue, which could hide abnormalities, and you have other risk factors for breast cancer that have been identified, you might benefit from supplemental screening tests that may be suggested by your ordering physician.

Dense breast tissue, in and of itself, is a relatively common condition. Therefore, this information is not provided to cause undue concern, but rather to raise your awareness and to promote discussion with your physician regarding the presence of other risk factors, in addition to dense breast tissue.

A summary of your mammography results will be sent to you, and a full mammography report will be sent to your physician and also to you. You should contact your physician if you have any questions or concerns regarding your summary or report of results."

B. The notice provided for in this Section may be transmitted to the patient by either regular mail or certified mail via the United States Postal Service, or by any other commercial mail delivery service.

C. Notwithstanding any other law, compliance with this Section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action.

D. The information required by this Section or evidence that a person violated this Section shall not be admissible in a civil, judicial, or administrative proceeding.

Acts 2015, No. 378, §§1, 3, eff. Jan. 1, 2016.
La. Rev. Stat. § 40:1217.14 — LA Code / Code revised-statutes / Title 40 / Section 1217.14
Educational programs
Status: in_force

A. The medical center may institute, carry on, and supervise educational programs for the public and health providers, including physicians, hospitals, nurses, pharmacists, and other health providers, concerning chronic kidney disease, including prevention and methods of care and treatment.

B. The medical center may use existing public or private programs or groups for the educational programs.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.94 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2171 — LA Code / Code revised-statutes / Title 40 / Section 2171
Definitions
Status: in_force

As used in this Part:

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

(2) "Trauma case" means any injured person who has been evaluated by prehospital personnel according to policies and procedures established by the Louisiana Department of Health and who has been found to require transportation to a trauma center.

(3) "Trauma center" means a health care facility which is capable of treating one or more types of potentially seriously injured persons and which has been certified as a trauma center by the Louisiana Department of Health.

Acts 1987, No. 358, §1.
La. Rev. Stat. § 40:1085.3 — LA Code / Code revised-statutes / Title 40 / Section 1085.3
Use of prophylactic directed by department
Status: in_force

A. All persons covered by the provisions of R.S. 40:1085.2 shall routinely apply or be reasonably certain that others have already applied any prophylactic which the department directs for the prevention of ophthalmia neonatorum, whether or not ophthalmia neonatorum is indicated, and to do so in the manner that the department directs. The provisions of this Section shall be inoperative in those instances where:

(1) There are no indications of the existence of ophthalmia neonatorum; and

(2) The mother states in writing that she objects to the application of such prophylactic on religious grounds.

B. Liability arising from the lack of use of the approved prophylactic shall not attach to any person or institution who, on the written instruction of the mother, withholds the application of the approved prophylactic.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 839, §1; Redesignated from R.S. 40:1103 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:572 — LA Code / Code revised-statutes / Title 40 / Section 572
Definitions
Status: in_force

The following terms, whenever used or referred to in this Part, have the following respective meanings, unless a different meaning clearly appears from the context:

(1) "Blighted area" means an area, other than a slum area, where by reason of the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, submergence of lots by water or other insanitary or unsafe conditions, deterioration of site improvements, failure to install public utilities, diversity of ownership, tax delinquency, defective or unusual conditions of title, improper subdivision or obsolete platting, or any combination of such factors, the development of such blighted area, which may include some incidental building or improvements, into predominantly housing uses is being prevented.

(2) "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States.

(3) "Governing body" means the commission council, board of aldermen, council, board of commissioners, or other body having charge of the fiscal affairs of a state public body.

(4) "Housing authority" means any housing authority created by or pursuant to the Housing Authorities Law of this state.

(5) "Housing development" means any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the federal government.

(6) "Redevelopment project" shall mean any work or undertaking:

(a) To acquire slum areas or blighted areas, including lands, structures or improvements the acquisition of which is necessary in order to assure the proper clearance and redevelopment of the entire slum or blighted area and to prevent the spread or recurrence of slum conditions or conditions of blight, thereby protecting the public health, safety, morals or welfare.

(b) To clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan.

(c) To sell, lease, or otherwise make available land so acquired for residential, recreational, commercial, industrial or other use in accordance with the redevelopment plan.

(d) To make provisions for the repair, renovation, or rehabilitation of buildings and structures in the area so acquired in accordance with the redevelopment plan. The term "redevelopment project" also may include the preparation of a redevelopment plan and the initiation, planning, survey and other work incident to a redevelopment project and also the preparation of all plans and arrangements for carrying out a redevelopment project.

(7) "State public body" means any municipality, parish, commission, board district, authority, other subdivision or public corporation, or other public body of the state.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1250.3 — LA Code / Code revised-statutes / Title 40 / Section 1250.3
Definitions
Status: in_force

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

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

(2) "Methodology" means the aggregate of methods, principles, assumptions, variables, factors, and procedures used to determine a reimbursement rate.

(3) "Provider" means a person, public agency, nonprofit corporation, or a for-profit business entity that provides services under a contract or other agreement with the department.

(4) "Rate" means the amount of money per unit of time for a Medicaid service performed or the amount of money for a Medicaid service performed for a flat fee, such as a per diem.

(5) "Rebasing" means using cost report information to adjust Medicaid reimbursement rates to the level dictated by the Medicaid reimbursement methodology for each covered service.

(6) "Reimbursement" means payment for a Medicaid service in accordance with a specified rate.

(7) "Service" means a home- or community-based service, intermediate care facility service, or support coordination service provided to a recipient by a provider under a contract or other agreement with the department.

Acts 2019, No. 381, §1.
La. Rev. Stat. § 40:1191.3 — LA Code / Code revised-statutes / Title 40 / Section 1191.3
Notice of parental rights form
Status: in_force

The Louisiana Department of Health shall promulgate, in accordance with the Administrative Procedure Act, a notice of parental rights form to be used by health facilities to comply with the provisions of this Part. The form shall include, at a minimum, all of the following:

(1) A definitive statement that reads as follows: "This notice of parental rights form is required to be provided to you pursuant to Louisiana law."

(2) A brief description of the provisions of this Part along with concise instructions for the patient to follow regarding how to properly complete the form and return it to the health facility in the event the patient desires to arrange for the final disposition of the miscarried child.

(3) A concise statement of the timelines that must be satisfied in order for the patient to arrange for the final disposition of the miscarried child.

(4) A listing of state, regional, or national grief counseling organizations that may provide counseling services concerning the death of a child.

Acts 2016, No. 59, §1, eff. May 10, 2016.
La. Rev. Stat. § 40:1193.2 — LA Code / Code revised-statutes / Title 40 / Section 1193.2
Definitions
Status: in_force

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

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

(2) "Legal representative" means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a nursing home resident.

(3)(a) "Monitoring device" means a surveillance instrument that transmits and records activity and is not connected to the facility's computer network.

(b) The term "monitoring device" shall not include a camera that records still images exclusively.

(4) "Nursing home" means a nursing facility or nursing home as defined in R.S. 40:2009.2.

(5) "Ombudsman" means the administrator of the office of the state long-term care ombudsman established within the office of elderly affairs by the provisions of R.S. 40:2010.2.

(6) "Resident" means a person who is a resident of a nursing home.

Acts 2018, No. 596, §1.
La. Rev. Stat. § 40:1666.4 — LA Code / Code revised-statutes / Title 40 / Section 1666.4
Salary reductions; void
Status: in_force

Any reduction of the salary of any employee covered by this Part, which is in effect on July 1, 1979, whether by the governing authority or by any pay plan under the provisions of any civil service law, or otherwise, shall be void where it is made solely by reason of the additional compensation by the state, provided for in this Part. Any appropriation made by the legislature which results in a salary adjustment to the state supplemental pay program under this Part shall not have the effect of reducing or replacing any base salary or benefits paid by the local governing authority from other revenue sources.

Acts 1963, No. 82, §5. Amended by Acts 1979, No. 131, §1; Redesignated from R.S. 33:2005. See Acts 2014, No. 158, §§3 and 7.
La. Rev. Stat. § 40:1307 — LA Code / Code revised-statutes / Title 40 / Section 1307
Divisions and units of department; heads of divisions; distribution of work
Status: in_force

Except as the internal organization structure of the department and the establishment of divisions are specially provided by this Part, the governor, on recommendation of the director, may authorize the director to combine existing divisions, divide existing divisions, establish new divisions, change the names of divisions, add new functions to existing divisions, or transfer functions and staff from one division to another within the department.

The director may create, combine, or divide subordinate units within a division or otherwise alter the internal organization of a division.

The director shall appoint the heads of the divisions.

The work of the department shall be distributed among the divisions of the department and the director shall exercise the functions of the department through the divisions.
La. Rev. Stat. § 40:1075.6 — LA Code / Code revised-statutes / Title 40 / Section 1075.6
Costs
Status: in_force

The cost of compliance with the requirements of this Part shall be provided for in the existing budget allocation for the department.

Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.107 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:525 — LA Code / Code revised-statutes / Title 40 / Section 525
Local authority planning participation
Status: in_force

With respect to matters relating to the purposes of this Chapter, each municipality or parish or regional planning body of this state shall, in its planning processes, take into account all recommendations of local housing authorities formed by such municipality or parish, or by the municipalities and parishes affected by the actions of such regional planning body.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1191.1 — LA Code / Code revised-statutes / Title 40 / Section 1191.1
Definitions
Status: in_force

As used in this Part, the following terms have the meaning ascribed to them in this Section unless the context requires otherwise:

(1) "Final disposition" means the burial, cremation, or other disposition of the remains of a human fetus following fetal death.

(2) "Health facility" means a facility licensed by the Louisiana Department of Health to provide health services.

(3) "Miscarried child" means the fetal remains resulting from a spontaneous fetal death that does not require compulsory registration pursuant to the provisions of R.S. 40:47.

Acts 2016, No. 59, §1, eff. May 10, 2016.
La. Rev. Stat. § 40:1621 — LA Code / Code revised-statutes / Title 40 / Section 1621
Violation of fire marshal's orders; penalty
Status: in_force

Whoever fails to comply with any order issued by the fire marshal or his authorized representative, under any provisions of Part III of Chapter 7 of Title 40, R.S. 40:1569 excepted, shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Each day's violation of an order constitutes a separate offense and may be punished as such at the discretion of the court.

Acts 1989, No. 181, §1; Acts 1990, No. 86, §1.
La. Rev. Stat. § 40:600.39 — LA Code / Code revised-statutes / Title 40 / Section 600.39
Designation of qualified rehabilitation entity
Status: in_force

A. A local governmental subdivision may exercise its rights pursuant to R.S. 40:600.38 directly or may designate a qualified rehabilitation entity to act as its designee for the purpose of exercising the local governmental subdivision's rights where that designation will further the rehabilitation and reuse of the property consistent with the rehabilitation plan. This designation shall be made by resolution of the governing authority.

B. Assignment of receivership by local governmental subdivision to a qualified rehabilitation entity. Where the local governmental subdivision has been granted possession by the court in the name of the local governmental subdivision, the local governmental subdivision may seek the approval of the court to assign its rights to another entity, which approval shall be granted by the court when it finds that the entity to which the local governmental subdivision's rights will be assigned is a qualified rehabilitation entity and the assignment will further the purposes of this Chapter.

C. Reports. Where a local governmental subdivision has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide quarterly reports to the local governmental subdivision on its activities and progress toward rehabilitation and reuse of the property. The local governmental subdivision or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the local governmental subdivision or its designee have failed to take diligent action toward rehabilitation of the property within six months from the grant of possession, then the court may request the local governmental subdivision to designate another qualified rehabilitation entity to exercise its rights, or if the local governmental subdivision fails to do so, may terminate the receivership and return the property to its owner.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:2618 — LA Code / Code revised-statutes / Title 40 / Section 2618
Prescription
Status: in_force

A civil action under this Chapter shall be commenced within seven years after the last conduct giving rise to forfeiture or to the cause of action became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement, or during which criminal proceedings relating to the same conduct are pending.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:1159.1 — LA Code / Code revised-statutes / Title 40 / Section 1159.1
Short title
Status: in_force

This Subpart shall be known as and may be cited as the "Louisiana Medical Consent Law."

Added by Acts 1975, No. 798, §1; Redesignated from R.S. 40:1299.50 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2193.1 — LA Code / Code revised-statutes / Title 40 / Section 2193.1
Purpose and definitions
Status: in_force

A. The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the health, safety, and welfare of children in pediatric day health care facilities and to provide for the safe operation of these facilities. The department shall consult with the following organizations in the development of the rules and regulations:

(1) The Early Steps Program (Part C, IDEA), office of public health, Louisiana Department of Health.

(2) The Children's Special Health Services Program, office of public health, Louisiana Department of Health.

(3) The Bureau of Community Supports and Services, Louisiana Department of Health.

(4) The state interagency coordinating council for Early Steps Program.

(5) Hospitals that operate Level III regional neonatal intensive care units.

(6) The Arc of Louisiana.

(7) The Louisiana Chapter, American Academy of Pediatrics.

(8) The child care assistance program of the state Department of Education.

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

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

(2) "License" means a license issued by the Louisiana Department of Health to a pediatric day health care facility under this Part.

(3) "Licensee" means the person, partnership, company, corporation, association, organization, professional entity, or other entity to whom a license is granted by the licensing agency under this Part and upon whom rests the ultimate responsibility and authority for the conduct of the pediatric day health care facility.

(4) "Medically fragile" means an individual who has a medically complex condition characterized by multiple, significant medical problems that require extended care. Medically fragile problems include but are not limited to severe lung disease requiring oxygen, severe lung disease requiring ventilator or tracheotomy care, complicated spina bifida, heart disease, malignancy, asthmatic exacerbations, cystic fibrosis exacerbations, neuromuscular disease, encephalopathies, and seizure disorders.

(5) "Pediatric day health care facility" means a facility that may operate seven days a week, not to exceed twelve hours a day, to provide care for medically fragile children under the age of twenty-one, including technology-dependent children who require close supervision. Care and services to be provided by the pediatric day health care facility shall include but shall not be limited to:

(a) Nursing care, including but not limited to tracheotomy and suctioning care, medication management, and IV therapy.

(b) Respiratory care.

(c) Physical, speech, and occupational therapies.

(d) Assistance with aids of daily living.

(e) Transportation services.

(f) Education and training.

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

Acts 2004, No. 432, §1, eff. June 24, 2004; Acts 2018, No. 206, §4; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1646.2 — LA Code / Code revised-statutes / Title 40 / Section 1646.2
Inspection and test reports; attachment to system
Status: in_force

A. The fire marshal shall prepare and promulgate specifications establishing the size, shape, color, information, and data, all in accordance with current National Fire Protection Association standards, to be included on all inspection and test reports.

B. One copy of the inspection and test report shall be attached by the inspector in a conspicuous place on the fire sprinkler system. One copy shall be retained by the inspector. One copy shall be retained by the owner of the building or his authorized representative. One copy shall be forwarded to the Property Insurance Association of Louisiana. The original shall be forwarded to the office of the fire marshal.

Acts 1991, No. 664, §1.
La. Rev. Stat. § 40:1664.4 — LA Code / Code revised-statutes / Title 40 / Section 1664.4
License required
Status: in_force

A. No person or firm shall engage in life safety and property protection contracting without holding a current and valid license issued by the state fire marshal as provided in this Subpart. Each operating location of a firm shall hold a separate firm license.

B. No person or company shall aid, abet, facilitate, or otherwise assist any unlicensed person or firm in engaging in life safety and property protection contracting as defined in this Subpart when such person or firm knew or should have known that the person or firm assisted was unlicensed.

C. The state fire marshal may, by rule, license the owner of a life safety and property protection system or equipment and an employee of the owner to allow such employee to perform routine inspections and minor service and repairs of the life safety systems or equipment solely within the facilities of the owner. The owner shall document such service or repair and assume responsibility for all such service or repair. Such employee shall not engage in certifying, installing, or integrating such systems or equipment.

D. Each person who acts as an apprentice performing life safety and property protection contracting shall apply to the state fire marshal for an apprentice license. The state fire marshal shall establish the qualifications of an apprentice by rule. An apprentice may perform such services only under the direct supervision of a technician holding a valid license pursuant to this Subpart who works for the same firm as the apprentice.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.
La. Rev. Stat. § 40:33 — LA Code / Code revised-statutes / Title 40 / Section 33
Vital records registry; establishment; general authority and duties of state registrar
Status: in_force

A. There is hereby established a central vital records registry within the office of public health and a registrar of vital records for the state with an office properly equipped and operated for the safety and preservation of all vital records covering the births, deaths, marriages, divorce judgments, adoptions, and change of names, made and received under this Chapter or under the regulations adopted by the Louisiana Department of Health.

B. The vital records registry shall be directed by the state registrar who shall enforce this Chapter and the regulations made pursuant thereto and shall investigate all cases of irregularity in preparation and filing of vital records. Documents shall not be registered until such irregularities have been resolved.

C. Subject to the provisions of this Chapter, the secretary of the Louisiana Department of Health shall make and amend, after due notice and hearing, in accordance with the provisions of the Administrative Procedure Act, regulations necessary for the efficient performance of a single adequate system of vital records for this state, and shall give instructions for collecting, transcribing, compiling, analyzing, reporting, preserving, and issuing certified copies of vital records.

D. The domicile of the vital records registry shall be in the parish of Orleans. All suits or mandamus actions brought against the registry shall be brought in the parish of Orleans.

E. The appointment of the state registrar shall be in accordance with the civil service law and regulations.

F. The state registrar, with the approval of the secretary of the Louisiana Department of Health shall prescribe, print, and supply each parish with all certificate forms or reports provided for in this Chapter. The local registrar shall supply such forms to every hospital, clinic, almshouse, lying-in hospital, or other institution, public or private, including penal institutions, located in his registration district to which persons resort for treatment of disease or injury or for childbirth or are committed by process of law and to all physicians in his registration district.

G. Any person having knowledge of the facts shall furnish such information as he or she may possess regarding any birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, or divorce, dissolution of marriage, or annulment, upon demand of the state registrar. Nothing in this Section or Chapter shall be construed to require the person charged by R.S. 40:45 with preparing birth certificates to make other than a reasonable effort, as defined in R.S. 40:44, to obtain missing information or signature.

H. Repealed by Acts 2010, No. 175, §6.

Acts 1979, No. 776, §1. Amended by Acts 1986, No. 876, §1; Acts 1991, No. 820, §1; Acts 2010, No. 175, §6; Acts 2013, No. 220, §17, eff. June 11, 2013.
La. Rev. Stat. § 40:2005 — LA Code / Code revised-statutes / Title 40 / Section 2005
Hospital visitation
Status: in_force

A. Any person eighteen years or older may designate those individuals who will not be denied access to visit him during any stay in any hospital, nursing home, or other health care facility within the state of Louisiana.

B. Nothing contained herein shall prohibit hospitals, nursing homes, or other health care facilities from restricting visits to standard designated hours, from restricting visits as the patient's medical condition may require, or from enforcing an injunction barring an individual from entering the premises.

Acts 1995, No. 1200, §1, eff. June 29, 1995.
La. Rev. Stat. § 40:1131.3 — LA Code / Code revised-statutes / Title 40 / Section 1131.3
Medical assistance program; ground ambulance transportation to alternative destination; reimbursement
Status: in_force

The department shall promulgate rules and regulations to provide for a reimbursement methodology to cover alternative destination transport by a ground ambulance service provider to ensure that reimbursement rates are reasonable and adequate.

Acts 2018, No. 565, §2.
La. Rev. Stat. § 40:1848 — LA Code / Code revised-statutes / Title 40 / Section 1848
Revocation of permits
Status: in_force

A. A permit may be suspended or revoked by the commission whenever the commission has assessed two or more penalties against a dealer for willful violation of or failure to comply with such rules and regulations provided the second or succeeding penalty or penalties have been imposed for violations of, or failure to comply with the regulations of the commission committed after the imposition of the first penalty or forfeiture, reserving to the dealer the right to resort to the courts for reinstatement of the permit suspended or revoked.

B. The commission may suspend or revoke the permit of any person who violates the provisions of R.S. 40:1846.1(C)(2)(a) and (b) or who fails to pay any civil penalty imposed by the commission under the provisions of R.S. 40:1846.1(E) within thirty days after the assessment becomes final.

C. Any dealer who continues to operate after such permit is revoked or during the period of such suspension shall be liable to prosecution under the provisions hereof in the same manner as if no such permit had ever been issued.

D. A permit may be revoked or suspended only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.

E. The commission may institute civil proceedings to enforce its rulings in the district court for the parish in which the commission is domiciled or in the district court for the parish in which the violation which gave rise to the suspension or revocation occurred.

Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1987, No. 552, §1; Acts 1987, No. 857, §1.
La. Rev. Stat. § 40:1452 — LA Code / Code revised-statutes / Title 40 / Section 1452
Rate of compensation
Status: in_force

A. In addition to the compensation paid by the State Department of Public Safety, Division of State Police, to any state police officer, and in addition to that which said police officers may receive as compensation under civil service rules and regulations or otherwise, every state police officer employed by the Division of State Police of the Department of Public Safety shall be paid by the state extra compensation as follows:

(1) $16.66 per month for each state police officer who has completed or hereafter completes one year of service;

(2) $33.32 per month for each state police officer who has completed or who hereafter completes three years of service;

(3) $50.00 per month for each state police officer who has completed or who hereafter completes six years of service.

B. In computing the period of service required by Sub-section A of this Section, service as a state police officer shall include prior service for those police officers who have returned or hereafter return to such service.

C. In addition to the compensation paid by the State Department of Public Safety, Division of State Police, to any drivers license examiner, and in addition to that which said drivers license examiners may receive as compensation under civil service rules and regulations or otherwise, every drivers license examiner employed by the Division of State Police of the Department of Public Safety shall be paid by the state extra compensation as follows:

(1) $15.00 per month to those classified as Drivers License Examiner I;

(2) $20.00 per month to those classified as Drivers License Examiner II;

(3) $25.00 per month to those classified as Drivers License Examiner III;

(4) $30.00 per month to those classified as Drivers License Examiner IV.

Added by Acts 1959, No. 50, §1.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
La. Rev. Stat. § 40:2008.4 — LA Code / Code revised-statutes / Title 40 / Section 2008.4
State agency for carrying out federal programs on alcoholism
Status: in_force

A. The state Department of Health shall be the sole agency in the state of Louisiana for carrying out the purposes of any federal law dealing with the treatment of alcoholism.

B. The state Department of Health is hereby authorized to participate in any programs established by federal law for the treatment of alcoholism.

Acts 1968, No. 235, §§1, 2. Amended by Acts 1977, No. 680, §4.
La. Rev. Stat. § 40:2009.12 — LA Code / Code revised-statutes / Title 40 / Section 2009.12
Sleeping potion, sedatives, or injections without prescription; penalties
Status: in_force

It shall be unlawful for anyone operating a nursing home, or any employee thereof, to administer any sleeping potion or sedative or any hypodermic injections without a doctor's prescription to any patron of any such nursing home. Any violation of this Section by any employee, operator, or owner of a nursing home shall be cause for cancellation of license in accordance with the provisions of this Chapter, and such violator shall also be subject to the criminal penalties imposed by the Uniform Controlled Dangerous Substances Law, Part X of Chapter 4 of this Title, relating to narcotics or to barbiturates insofar as applicable.

Added by Acts 1958, No. 188, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:489 — LA Code / Code revised-statutes / Title 40 / Section 489
Financial prudence
Status: in_force

Local housing authorities shall conduct their financial affairs in a prudent and sound manner.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:413 — LA Code / Code revised-statutes / Title 40 / Section 413
Increasing area of operation
Status: in_force

The area of operation of a regional or consolidated housing authority shall be increased from time to time to include one or more additional parishes or municipalities not already within a regional or consolidated housing authority and, in the case of parishes, in the same general geographical location, if the governing body of each of the parishes or municipalities then included in the area of operation of the regional or consolidated housing authority, the commissioners of the authority, and the governing body of each such additional parish or municipality adopts a resolution declaring that there is a need for the inclusion of the additional parish or municipality in the area of operation of the regional or consolidated housing authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1395 — LA Code / Code revised-statutes / Title 40 / Section 1395
Counsel for employees and division in certain litigations
Status: in_force

The attorney general may defend any criminal or civil action in which any employee of the division is a party by reason of acts performed in the course of duty, which, in his opinion, requires his services to protect the interests of the state. The department may, with the approval of the governor, appoint an attorney for the division.
La. Rev. Stat. § 40:1248.3 — LA Code / Code revised-statutes / Title 40 / Section 1248.3
Applicability; multi-parish funding district
Status: in_force

A. The provisions of this Subpart shall apply to any parish.

B.(1) If a parish has fewer than two hospitals, the parish may join with one or more contiguous parishes with fewer than two hospitals and create a multi-parish funding district, which shall be a new governmental entity. The boundary of a multi-parish funding district shall be coextensive with the combined boundaries of the parishes contained in the multi-parish funding district. A multi-parish funding district shall be established by the governing body of each parish within the boundaries of a proposed funding district passing and adopting a resolution or ordinance establishing the multi-parish funding district and appointing one representative to serve on the multi-parish funding district's governing body. If any other parish seeks to join after the creation of the district, the resolution or ordinance shall be amended before the new parish may join the district.

(2) The governing body of a multi-parish funding district shall be comprised solely of the individuals appointed by each parish within the boundaries of the district. A parish may replace its appointment to the governing body by resolution or ordinance.

(3) The governing body of a multi-parish funding district shall delegate the operational and administrative burdens of the district to the parishes that comprise the district. Within sixty days of the establishment of a multi-parish funding district, the governing body shall designate at least one parish to serve as the operational and administrative lead for the district. The governing body may change this designation at any time.

(4) Solely for purposes of compliance with this Subpart, a multi-parish funding district is considered to be a parish and the other provisions of this Subpart shall be read to impose parish requirements on the governing body of the multi-parish funding district.

Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024; Acts 2025, No. 196, §1, eff. June 8, 2025.
La. Rev. Stat. § 40:1355 — LA Code / Code revised-statutes / Title 40 / Section 1355
Powers and duties
Status: in_force

A. The board shall advise the Department of Public Safety and Corrections, in writing and with stated reasons, in those cases referred to it by the department with respect to the visual ability or physical condition of an applicant for a vehicle operator's license or of a licensed driver, insofar as any impairment or disability therein may hinder such person's ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

B. Pursuant to the provisions of R.S. 46:2582(4), the board shall review material and evidence submitted to it by the accessible parking privileges investigation committee within the governor's office of disability affairs. If, in the board's determination, the review of such material does indicate a possible inappropriate certification by a physician of an individual's eligibility for accessible parking privileges, the board shall submit such material along with a recommendation for appropriate disciplinary action to the Louisiana State Board of Medical Examiners.

Added by Acts 1968, No. 281, §1. Amended by Acts 1978, No. 769, §1; Acts 1995, No. 1079, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.

NOTE: Acts 1995, No. 724, §2 provided that R.S. 40:1355(B) became operative if and when HB No. 2119 was enacted and became effective (became Act 724, eff. Aug. 15, 1995).
La. Rev. Stat. § 40:1673 — LA Code / Code revised-statutes / Title 40 / Section 1673
Safety rails for scaffolding or staging
Status: in_force

In the construction or in the repairing, alteration, or removal of any structures, any scaffolding or staging, swung or suspended from any overhead support and more than twenty feet from the ground or floor, shall have, where practicable, a safety rail properly bolted, secured, and braced and rising at least thirty-four inches above the floor or main portion of the scaffolding or staging and extending along the entire outside length and along the ends thereof. Also, such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.
La. Rev. Stat. § 40:1250.1 — LA Code / Code revised-statutes / Title 40 / Section 1250.1
Short title
Status: in_force

This Part shall be known and may be cited as the "Disability Services Sustainability Act".

Acts 2019, No. 381, §1.
La. Rev. Stat. § 40:564 — LA Code / Code revised-statutes / Title 40 / Section 564
Violations
Status: in_force

A. Any person who knowingly and willfully requests or obtains any wage record or unemployment compensation information under false pretense, or who knowingly and willfully discloses any such information in any manner to any individual not entitled under law to receive it shall be subject to criminal and civil penalties under all appropriate federal and state laws, including R.S. 23:1660(C) related to the improper disclosure of wage records and unemployment compensation data and federal penalties for improper disclosure of information of public housing authority records which are covered under the Privacy Act of 1974.

B. The contact person at any participating housing authority receiving wage record and unemployment insurance information shall promptly report any suspected or known request or disclosure violations to Louisiana Works and shall immediately deny the persons involved further access to such information.

Acts 1997, No. 1188, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
La. Rev. Stat. § 40:62.1 — LA Code / Code revised-statutes / Title 40 / Section 62.1
Issuance of new birth certificate for child with mistaken sex designation on original birth record
Status: in_force

A. Where a child's sex designation and consequently the child's first or given name is erroneously recorded at the time of birth on an original birth certificate, the state registrar may prepare a new certificate with a proper sex designation and allow the child's first or given name to be changed when the parent or parents of the child, or in the absence of a parent, the person legally responsible for the child, requests a new birth certificate and presents competent medical evidence in the form of affidavits from two or more physicians certifying and establishing by medical diagnosis that the original erroneous sex designation was due to a hereditary genetic defect or hormone deficiency, including but not limited to congenital adrenal hyperplasia or a related condition, and not due to sexual reassignment or major corrective surgery as contemplated in R.S. 40:62.

B. Upon the issuance of a new birth certificate, the child's original birth certificate together with the affidavits and related evidence received by the state registrar shall be sealed in a package or envelope and filed in the archives of the vital records registry. This sealed package or envelope shall be opened only upon the demand of a parent, or other person legally responsible for the child in the absence of a parent, or the individual registrant, after emancipation or reaching the age of majority, and then only by order of a court of competent jurisdiction in the parish wherein the vital records registry is legally domiciled.

Added by Acts 1981, No. 657, §1. Acts 1986, No. 876, §1.
La. Rev. Stat. § 40:447 — LA Code / Code revised-statutes / Title 40 / Section 447
Forgiveness or compromise of indebtedness
Status: in_force

A local housing authority may forgive, compromise, or forbear from collecting or enforcing, wholly or partially, temporarily or permanently, any debt or obligation owed to the local housing authority.

Amended by Acts 1960, No. 278, §3; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1103.5 — LA Code / Code revised-statutes / Title 40 / Section 1103.5
Information and access to breast reconstructive surgery
Status: in_force

Every hospital licensed by the Louisiana Department of Health pursuant to R.S. 40:2100 et seq., and every Louisiana physician who provides mastectomy surgery, lymph node dissection, or a lumpectomy, shall provide information to the patient concerning the option of reconstructive surgery following such procedures, including the availability of coverage for reconstructive surgery, in accordance with the state insurance law and applicable provisions of federal law. The information shall be provided to the patient in writing and in advance of obtaining consent to the surgical procedure. At a minimum, the information provided shall include the following:

(1) A description of the various reconstructive options and the advantages and disadvantages of each.

(2) A description of the provisions assuring coverage by public and private insurance plans of the costs related to reconstructive surgery under federal and state law.

(3) A description of how a patient may access reconstructive care, including the potential of transferring care to a facility that provides reconstructive care or choosing to pursue reconstruction after completion of breast cancer surgery and chemotherapy or radiotherapy, if warranted.

(4) Other information as may be required by the secretary of health, consistent with information developed by the Louisiana Department of Health and the Louisiana Cancer Advisory Board and circulated to providers and patients by the Louisiana State Board of Medical Examiners.

Acts 2018, No. 580, §1, eff. May 31, 2018; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:2606 — LA Code / Code revised-statutes / Title 40 / Section 2606
Seizure of property
Status: in_force

A. Property that is not evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter. Within seventy-two hours, exclusive of holidays or weekends, after actual or constructive seizure, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state action and regardless of whether the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The sufficiency of the warrant of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture, on such terms and conditions as are reasonable in the discretion of the court. Upon a finding of no probable cause, the property shall be released to the established owner.

B. A seizure for forfeiture without process is reasonable if made under circumstances in which a warrantless seizure or arrest would be reasonable in accordance with law.

C. Property that is alleged to be evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter. Within seventy-two hours, exclusive of holidays or weekends, after service of notice of pending forfeiture, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state action and regardless of whether the property has been the subject of a previous final judgment of forfeiture in the courts of any state or of the United States. The sufficiency of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture, on such terms and conditions as are reasonable in the discretion of the court.

D. Any seizing agency designated by the district attorney to make seizures for forfeiture shall notify the district attorney within ten days after such seizure.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1.
La. Rev. Stat. § 40:403 — LA Code / Code revised-statutes / Title 40 / Section 403
Responsibility for debts or liabilities of local housing authorities
Status: in_force

Except to the extent the municipality or parish may expressly elect to undertake such liability, neither the municipality or parish with respect to which a local housing authority is established, nor any municipality or parish participating in a regional housing authority, nor the state, nor any other public agency of this state shall be responsible for the debts or liabilities of any local housing authority or regional housing authority.

Added by Acts 1972, No. 293, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2025.4 — LA Code / Code revised-statutes / Title 40 / Section 2025.4
Functions; duties of the review panel
Status: in_force

A. Each overdose fatality review panel shall:

(1) Promote cooperation and coordination among agencies involved in the investigation of drug overdose fatalities.

(2) Develop an understanding of the causes and incidence of drug overdose fatalities in the jurisdiction where the review panel operates.

(3) Plan for and recommend changes within the agencies represented on the panel to prevent drug overdose fatalities.

(4) Advise local, regional, and state policymakers about potential changes to law, policy, funding, or practice to prevent drug overdoses.

(5) Establish and implement protocols and procedures.

(6) Conduct a multidisciplinary review of information received pursuant to this Part regarding a decedent, which shall include but not be limited to:

(a) Consideration of the decedent's points of contact with healthcare systems, social services, educational institutions, child and family services, the criminal justice system, including law enforcement, and any other systems with which the decedent had contact prior to his death.

(b) Identification of the specific factors and social determinants of health that put the decedent at risk for an overdose.

(7) Recommend prevention and intervention strategies to improve coordination of services and investigations among member agencies to reduce overdose deaths.

(8) Collect, analyze, interpret, and maintain local data on overdose deaths.

B. In addition to the duties specified in this Section, a review panel may investigate nonfatal overdose cases that occur within the panel's jurisdiction.

Acts 2024, No. 498, §1.
La. Rev. Stat. § 40:2009.14 — LA Code / Code revised-statutes / Title 40 / Section 2009.14
Procedure for investigation by the office; confidentiality of reports
Status: in_force

A.(1) The office of the department assigned to investigate the report shall review the report and determine whether there are reasonable grounds for an investigation. No report shall be investigated if in the office's judgment it is not made in good faith, is outdated, or is trivial, or if the report is not within the investigating authority of the office. The office may further determine whether to consider a report as a complaint or as an allegation of noncompliance.

(2) If the office determines that grounds for an investigation do not exist, it shall notify the complainant of its decision and the reasons therefor within fifteen work days after receipt of such complaint.

(3) As used in this Section:

(a) An "allegation of noncompliance" is an allegation that an event has occurred or is occurring that has the potential for causing no more than minimal harm to a consumer or consumers.

(b) A "complaint" is an allegation that an event has occurred or is occurring and has the potential for causing more than minimal harm to a consumer or consumers.

(c) An "outdated report" is a report pertaining to an incident that occurred one hundred twenty or more days prior to its being reported to the office.

(d) A "trivial report" is a report of an allegation that an incident has occurred to a consumer or consumers that causes no physical or emotional harm and has no potential for causing harm to the consumer or consumers.

(e) "Minimal harm" is an incident that causes no serious temporary or permanent physical or emotional damage and does not materially interfere with the consumer's activities of daily living.

(4)(a) If the office determines that grounds for an investigation of a report as a complaint exist, the office shall investigate the complaint within thirty days of receipt of the report submitted under R.S. 40:2009.13(B).

(b) If the office determines that grounds for an investigation of a report as an allegation of noncompliance exist, the office shall investigate the allegation of noncompliance by telephone, provider report, or at the time of the next scheduled visit to the provider's facility.

(5) Results of any investigation of a complaint shall be communicated in writing to the administrative officer of the facility and the complainant within thirty working days of completion of the investigation.

B.(1) The nature of the complaint or allegation shall be furnished to the provider no earlier than at the commencement of the investigation of the complaint or allegation of noncompliance.

(2) When the nature of the complaint or allegation is furnished to the health care provider, it shall not identify the complainant or the consumer unless the individual has consented to the disclosure either in writing or in a documented telephone conversation with an employee of the department. If disclosure is considered essential to the investigation or if the investigation results in a judicial proceeding, the complainant shall be given the opportunity to withdraw the complaint.

Added by Acts 1978, No. 687, §2, eff. July 12, 1978. Acts 1997, No. 1002, §1.
La. Rev. Stat. § 40:1472.19 — LA Code / Code revised-statutes / Title 40 / Section 1472.19
Reckless use of explosives
Status: in_force

A. No person shall store, handle, dispose, transport, transfer, load, unload, or use explosives or blasting agents, as defined by R.S. 40:1472.2, in a manner that endangers or could endanger human life, health, or property.

B. Whoever is convicted of violating this Section shall be guilty of a felony and fined not less than five thousand dollars nor more than twenty thousand dollars or imprisoned with or without hard labor for not less than five years nor more than ten years, or both.

Acts 1995, No. 1139, §1.
La. Rev. Stat. § 40:1379.3.4 — LA Code / Code revised-statutes / Title 40 / Section 1379.3.4
Louisiana permitless carry
Status: in_force

A. The Department of Public Safety and Corrections, office of state police, shall provide a two-hour online concealed handgun education course at no cost to Louisiana residents.

B. The purpose of this online education course is to educate the public on firearm safety and use. The course is optional and shall not be a requirement for obtaining a concealed handgun permit under R.S. 40:1379.3. Completion of this course shall not grant any person the right to carry a concealed handgun unless otherwise provided by law.

C. The concealed handgun education course shall include instruction on the following topics:

(1) Concealed handgun basics and nomenclature.

(2) Firearm-free zones.

(3) Use of deadly force.

(4) Interactions with law enforcement officers.

(5) Conflict resolution.

(6) Accident prevention.

(7) Unauthorized access prevention.

(8) Safe handling of a handgun.

D. State police shall maintain an online database of all licensed handgun and firearm instructors to allow the public to search for classes.

E. State police shall post prominently on its website all conditions required to be met to authorize the carrying of a concealed handgun without a valid concealed handgun permit pursuant to R.S. 14:95(M) and R.S. 40:1379.3(B)(2).

F.(1) The content, structure, accessibility, and all other related matters of the online handgun education shall be developed and promulgated by the Department of Public Safety and Corrections, office of state police, in accordance with the rules and regulations of the Administrative Procedure Act.

(2) In accordance with Paragraph (1) of this Subsection, the Department of Public Safety and Corrections, office of state police, shall divide the topics provided in Subsection C of this Section into eight video segments that shall broadcast for no less than fifteen minutes per segment.

Acts 2022, No. 680, §2.
La. Rev. Stat. § 40:785 — LA Code / Code revised-statutes / Title 40 / Section 785
Vitamin content and other ingredients in flour
Status: in_force

A. No person shall manufacture, mix, compound, sell, or offer for sale for human consumption in this state any flour unless the following vitamins and other ingredients are contained in each pound thereof:

Not less than 1.66 milligrams of vitamin B1 (thiamin); not less than 6 milligrams of nicotinic acid (also recognized under the name of niacin) or nicotinic acid amide (also known under the name of niacin amide); and not less than 6 milligrams of iron.

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

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2199.14 — LA Code / Code revised-statutes / Title 40 / Section 2199.14
Healthcare workplace violence; public information
Status: in_force

A. The department shall develop, publish, and maintain public information regarding the issue of healthcare workplace violence on its website.

B. The information provided by the department pursuant to this Section shall include, at a minimum, all of the following:

(1) A listing of best practices, toolkits, and resources on the issue of healthcare workplace violence from governmental and private authorities including, without limitation, the Occupational Safety and Health Administration and the Joint Commission.

(2) Actions that regulated entities can take and policies that such entities can adopt to prevent, respond to, report, and mitigate healthcare workplace violence.

(3) A checklist of items for regulated entities to consider when developing a workplace violence prevention plan.

C. The website on which the department publishes information regarding healthcare workplace violence shall include a downloadable example of text that complies with the provisions of R.S. 40:2199.13(A) relative to signage required to be displayed at facilities of regulated entities.

Acts 2022, No. 461, §§1, 2B.
La. Rev. Stat. § 40:2200.7.2 — LA Code / Code revised-statutes / Title 40 / Section 2200.7.2
Alzheimer's and other dementia diseases training; rulemaking
Status: in_force

A. The Louisiana Department of Health shall, in its existing public health programs and services, educate healthcare providers on all of the following:

(1) The importance of effective care planning, including treatment options, support and services, long-term care options, advance directives, and care at every stage of Alzheimer's disease and other dementia diseases to include appropriate counseling.

(2) The use of validated cognitive assessment tools.

B. The office of public health within the Louisiana Department of Health shall include provisions in its public health outreach programs that, at a minimum, address the following:

(1) Increasing the awareness of Alzheimer's disease and other dementia diseases including any link to chronic disease, such as vascular risk factors.

(2) Advising the public of the value of early detection of Alzheimer's disease and other dementia diseases along with information on the early signs of the diseases.

(3) Educating the public on the importance of identifying and reporting signs of Alzheimer's disease and other dementia diseases to healthcare providers for timely diagnosis.

(4) Increasing the data and surveillance applicable to Alzheimer's disease and other dementia diseases and encouraging additional data analysis and accurate reporting on death certificates.

C. The Louisiana Department of Health shall consult with the Louisiana chapter of the Alzheimer's Association and other experts, advocates, or associations to facilitate the distribution of educational materials that address Alzheimer's disease and other dementia diseases.

D. The Louisiana Department of Health may promulgate rules and regulations in accordance with the Administrative Procedure Act as are necessary to implement this Subpart. The rules and regulations may include but not be limited to the type of cognitive assessment tools available to healthcare providers. The department shall consult with and seek input from the Louisiana chapter of the Alzheimer's Association and other experts, advocates, or associations in the promulgation of the rules and regulations.

Acts 2021, No. 73, §1; Acts 2024, No. 376, §1.
La. Rev. Stat. § 40:1295.2 — LA Code / Code revised-statutes / Title 40 / Section 1295.2
Definitions
Status: in_force

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

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

(2) "Smoking Cessation Trust" and "trust" mean the organization of that name which incorporated in Louisiana pursuant to the judgment rendered in Scott v. American Tobacco Co., Inc. (2009-CA-0461 (La. App. 4 Cir. 4/23/10), 36 So. 3d 1046) for the purpose of operating the smoking cessation program called for in that judgment, or any successor.

Added by Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.
La. Rev. Stat. § 40:46 — LA Code / Code revised-statutes / Title 40 / Section 46
Amendments to certificate of birth
Status: in_force

A. The state registrar of vital records is authorized to amend an original birth certificate in accordance with Louisiana law.

B. Any change in the surname of a child from that required or allowed in R.S. 40:34.2 shall be made by court order as provided in R.S. 13:4751 through 4755 or as otherwise provided in this Chapter or by rules promulgated thereunder.

Acts 1979, No. 776, §1. Amended by Acts 1983, No. 624, §1; Acts 1986, No. 876, §1; Acts 2004, No. 26, §13; Acts 2012, No. 621, §1; Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1217.4 — LA Code / Code revised-statutes / Title 40 / Section 1217.4
Louisiana Kidney Health Care Program; creation; eligibility
Status: in_force

A. The chancellor of the Louisiana State University Health Sciences Center at Shreveport shall establish the Louisiana Kidney Health Care Program through the health sciences center.

B. The health sciences center, by rule, shall establish the terms, conditions, and criteria, including medical and financial criteria, for eligibility to participate in the program. However, eligibility shall be limited to residents of the state who meet, at a minimum, all of the following criteria:

(1) Require care and treatment for chronic kidney disease.

(2) Do not qualify for or receive other benefits.

(3) Have an adjusted gross income of less than:

(a) Seventy-five thousand dollars annually if filing a joint return.

(b) Sixty thousand dollars annually if filing a single return.

(c) Fifty thousand dollars annually if married and filing a separate return.

(4) Meet all medical criteria as determined by the health sciences center.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 1999, No. 820, §1, eff. July 2, 1999; Redesignated from R.S. 40:1300.84 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:627 — LA Code / Code revised-statutes / Title 40 / Section 627
Registration of certain products
Status: in_force

A. Except as provided in Subsection E of this Section, the department may require all manufacturers, packers, or proprietors of processed foods, proprietary or patent medicines, prophylactic devices, and cosmetics, in package form, to register each separate and distinct product annually with the department and to supply it with a sample of each such product upon request.

B. The submission of a catalog and specimens of labels shall be required at the time of application for registration of products produced, packaged, and prepared in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act, which will constitute satisfactory compliance for registration of the products. With respect to all other products, submission of a catalog and specimens of labels shall be required at the time of application for registration, but registration will not become effective until examination and approval of the label or product by the department. This approval shall be by written notification to the manufacturer, packer, or processor.

C. No manufacturer, packer, or proprietor shall sell any product which he has failed to register in conformity with this Section. Such failure also subjects the product to seizure and condemnation as provided by R.S. 40:632 through R.S. 634.

D. The department shall assess each manufacturer, packer, or proprietor a penalty of ten dollars for failure to register each separate and distinct product annually as provided in this Section. The penalty assessed shall be in addition to the examination and investigation charge assessed as provided in R.S. 40:628(B). Each failure to register a separate and distinct product shall constitute a separate violation. However, no manufacturer, packer, or proprietor shall be assessed more than one hundred dollars in any calendar year. The department shall promulgate rules and regulations to provide for assessment and collection of the penalty provided in this Subsection.

E. This Section shall not apply to alcoholic beverages. For the purposes of this Section, "alcoholic beverages" has the same meaning as assigned in R.S. 26:2 and 241.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1983, 1st Ex. Sess., No. 10, §1, eff. Jan. 19, 1983; Acts 1985, No. 344, §1, eff. Feb. 1, 1986; Acts 2015, No. 393, §2.
La. Rev. Stat. § 40:507 — LA Code / Code revised-statutes / Title 40 / Section 507
Community participation
Status: in_force

A. A local housing authority may require, as a condition to granting or continuing any assistance, that residents and other recipients of such assistance participate in activities for community and neighborhood betterment. Such conditions of assistance may require the performance of work in and around the authority's developments for the maintenance or improvement thereof, the performance of services to benefit residents or others, or work performed elsewhere in the community. Such requirements may vary among individual residents or other recipients of assistance.

B. In establishing conditions of assistance and determining the requirements applicable to individual recipients thereof, local housing authorities shall take into account such individual circumstances as the authority deems appropriate in order to assure that, in the authority's judgment, the requirements are reasonably applied. Individual circumstances so taken into account may include, without limitation, age, disability, and employment status.

C. A local housing authority may require, as a prerequisite to granting assistance, including any lease or right of occupancy of a dwelling unit, that the resident or recipient enter into a tenant participation plan or other similar agreement which sets forth the conditions of assistance and provides for the discontinuance of tenancy or other assistance in the event of the failure of the resident or recipient to satisfy such conditions.

D. Except as and to the extent a local housing authority shall specifically and expressly agree in writing to the contrary, the community participation activities of a resident or other recipient of assistance contemplated by this Section shall not create, for any purpose, a legal relationship of agent/principal or employee/employer between the person performing such community participation activities and the local housing authority requiring such participation or any other public agency for whose benefit such activities may be carried out.

Acts 1950, No. 401, §29; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1484.6 — LA Code / Code revised-statutes / Title 40 / Section 1484.6
Operation of amusement rides and amusement attractions; notice; changes in schedule; certain required annual inspections; fines
Status: in_force

A. At least five days prior to commencing operation of any amusement ride or amusement attraction, except for the purpose of testing, training, and inspection, the operator shall give written or electronic notification to the office of state fire marshal of his intent to commence operation of the amusement ride or amusement attraction.

B.(1) Any operator who gives written or electronic notification to the office of state fire marshal of his intent to commence operation of the amusement ride or amusement attraction fewer than five days prior to commencing operation shall be fined as follows:

(a) Fifty dollars per ride or attraction for the first offense.

(b) Seventy-five dollars per ride or attraction for the second offense.

(c) Two hundred dollars per ride or attraction for the third offense.

(d) Two hundred fifty dollars per ride or attraction for each additional offense thereafter.

(2) In determining the number of offenses that have occurred, only offenses occurring over the three-year period preceding the offense at issue shall be considered.

C. If, after the notification, the operator changes his schedule of locations or dates, he shall immediately notify the office of state fire marshal of the change. An operator shall pay a fine of two hundred fifty dollars for any change in schedule of location or date that occurs less than five days prior to the commencement of operation of the amusement ride or amusement attraction.

D. Prior to operating any new amusement ride or amusement attraction, the operator shall notify the office of state fire marshal of his intent to commence operation, but shall not operate the amusement ride or amusement attraction until the owner has registered the amusement ride or amusement attraction as required in this Part.

E.(1) The state fire marshal or his designee may inspect all amusement rides or amusement attractions operating in the state at least once during the duration of the event at which the amusement ride or amusement attraction is being operated.

(2) During an office of state fire marshal inspection or audit, the operator shall submit to the state fire marshal or his designee the set-up inspection report and any other documentation relating to the set-up inspection or an annual inspection.

(3) In the case of amusement rides or amusement attractions operating at a fixed operation location, the state fire marshal or his designee shall inspect the amusement rides or amusement attractions no more than once annually, except in furtherance of an investigation arising from a reported ride accident or pursuant to a complaint. The inspection is to ensure compliance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.

(4) The state fire marshal or his designee has free access to any premises in the state where an amusement ride or amusement attraction is being installed, built, repaired, or operated for the purpose of ascertaining whether such amusement ride or amusement attraction is being installed, built, repaired, or operated in accordance with the provisions of this Part and adopted standards, rules, regulations, and applicable manuals, service bulletins, and notices.

F. The state fire marshal or his designee has the authority to publish a listing of all noncompliant operators and make such list available to the public upon written demand.

Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:2120.12 — LA Code / Code revised-statutes / Title 40 / Section 2120.12
Purpose
Status: in_force

The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for the licensure of nurse staffing agencies.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:1057 — LA Code / Code revised-statutes / Title 40 / Section 1057
Title
Status: in_force

This Part may be cited as the "State Hazardous Aerosol Act."

Added by Acts 1975, No. 590, §1, eff. July 17, 1975.
La. Rev. Stat. § 40:1631 — LA Code / Code revised-statutes / Title 40 / Section 1631
Implementation
Status: in_force

The state fire marshal may promulgate rules and regulations, pursuant to the Administrative Procedure Act, necessary to effectuate the purposes of this Act*.

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

*Acts 2007, No. 409
La. Rev. Stat. § 40:1740 — LA Code / Code revised-statutes / Title 40 / Section 1740
Enforcement of Part
Status: in_force

NOTE: §1740 until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

A. For purposes of enforcing this Part, in any instance in which the ADA Standards are not complied with the local building code authorities and the health authorities shall have authority to enforce these standards. Written approval by the fire marshal shall be presumptive evidence of compliance with ADA Standards but shall not be considered conclusive and local building code authorities and health authorities shall have the power to review all construction within their jurisdiction to the end that the intent of this legislation shall be enforced.

B. Local building code authorities, health authorities, or any individual may seek an injunction to halt construction or require compliance with ADA Standards of any public building or facility or private building or facility which has been constructed or is being constructed in violation of this Part. All actions shall be brought in the district court of the parish in which the public building or facility or private building or facility, or portion thereof, that is not in compliance, is situated.

NOTE: §1740 July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

A. For purposes of enforcing this Part, in any instance in which the International Building Code Chapter 11-Accessibility is not complied with, the local building code authorities and the health authorities shall have authority to enforce these standards. Written approval by the fire marshal shall be presumptive evidence of compliance with the International Building Code Chapter 11-Accessibility but shall not be considered conclusive, and local building code authorities and health authorities shall have the power to review all construction within their jurisdiction to the end that the intent of this legislation shall be enforced.

B. Local building code authorities, health authorities, or any individual may seek an injunction to halt construction or require compliance with the International Building Code Chapter 11-Accessibility of any public building or facility or private building or facility which has been constructed or is being constructed in violation of this Part. All actions shall be brought in the district court of the parish in which the public building or facility or private building or facility, or portion thereof, that is not in compliance is situated.

Added by Acts 1977, No. 625, §1. Acts 1984, No. 614, §1, eff. July 12, 1984; Acts 1988, No. 423, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.
La. Rev. Stat. § 40:1231.9 — LA Code / Code revised-statutes / Title 40 / Section 1231.9
Reporting of claims
Status: in_force

A. For the purpose of providing the various licensing boards of Louisiana health care providers, as defined by R.S. 40:1231.1(A), with information on malpractice claims paid by insurers or self insurers on behalf of health care providers in this state, each insurer of such health care provider, and each health care provider in Louisiana who is self insured shall, within thirty days of the date of payment, provide a written report to the licensing board of this state having licensing authority over the health care provider on whose behalf payment was made, and each such report shall contain:

(1) The name and address of the health care provider.

(2) A brief description of the acts of omission or commission which gave rise or allegedly gave rise to the claim, and the date thereof.

(3) The name of the patient and the injury which resulted or allegedly resulted therefrom.

(4) The amount paid in settlement or discharge of the claim, whether paid by compromise, by payment of judgment, by payment of arbitration award, or otherwise; and

(5) Where any judicial opinion has been rendered with regard to a claim, a copy of all such opinions shall be attached to the report.

Provided, however, no report shall be required for compromise settlements of claims where the amount paid is one thousand dollars or less, except where such payments were made in satisfaction or compromise of judgment of court or of award of arbitrators.

B. The provisions of this Section shall apply to all health care providers in Louisiana, whether or not such health care provider has qualified under the provisions of this Part.

C. There shall be no liability on the part of any insurer or person acting for said insurer, for any statements made in good faith in the reports required by this Section.

D.(1) The executive director of the Patient's Compensation Fund shall submit a report on an annual basis to the Senate and House committees on health and welfare no later than January thirty-first. The report shall contain every claim against an individual practitioner who has had five or more paid claims for the previous year paid by the Patient's Compensation Fund and shall contain the following information:

(a) All paid claims for the previous year and the year immediately preceding that year, as well as the total number of pending claims filed against that individual practitioner.

(b) The name and address of the individual practitioner and a brief description of the acts of omission or commission which gave rise to the paid claims.

(2) For the purposes of this Subsection, "individual practitioner" means any individual person licensed or certified by this state to provide health care or professional services who is listed in R.S. 40:1231.1(A)(10).

Added by Acts 1976, No. 114, §1; Redesignated from R.S. 40:1299.48 by HCR 84 of 2015 R.S.; Acts 2015, No. 454, §1, eff. July 1, 2015.
La. Rev. Stat. § 40:1115.1 — LA Code / Code revised-statutes / Title 40 / Section 1115.1
Clinical laboratories; estimated glomerular filtration rate (eGFR)
Status: in_force

A. A clinical laboratory licensed in this state pursuant to R.S. 37:1270 and which tests specimens to determine the serum creatinine level of a patient eighteen years of age or older, as ordered or prescribed by a health care professional authorized to make such an order or prescription, shall calculate the patient's estimated glomerular filtration rate (eGFR).

B. The estimated glomerular filtration rate shall be determined by using information as is provided by the health care professional or patient, as applicable. The testing laboratory shall only be required to provide the eGFR if necessary information is provided by the patient or patient's health care professional.

C. The laboratory shall include the patient's estimated glomerular filtration rate with its report to the health care professional.

D. The requirements of this Section shall not apply to any specimen that is being tested in accordance with a clinical trial or research or to any specimen that is being tested for a patient admitted as an inpatient.

Acts 2006, No. 595, §1; Redesignated from R.S. 40:1181 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1300.54 — LA Code / Code revised-statutes / Title 40 / Section 1300.54
In-person visitation policies; requirements
Status: in_force

A. In accordance with R.S. 40:2005, any person eighteen years or older may designate those individuals who will not be denied access to visit him in person during any stay in any hospital, nursing home, or other healthcare facility within the state of Louisiana.

B. In accordance with R.S. 40:2005.1, hospitals, nursing homes, and adult residential care homes may allow members of the clergy to visit patients or residents during a public health emergency whenever a patient or resident or the legal or designated representative of the patient or resident requests the visit. Special consideration shall be given to patients or residents receiving end-of-life care.

C. In accordance with R.S. 40:2009.4, licensed nursing facilities may allow immediate family members and other designated persons to visit residents during a public health emergency whenever a resident or the legal or designated representative of the resident requests the visit. Special consideration shall be given to residents receiving end-of-life care.

D. In accordance with R.S. 40:2166.5, licensed adult residential care providers may allow immediate family members and other designated persons to visit residents during a public health emergency whenever a resident or the legal or designated representative of the resident requests the visit. Special consideration shall be given to residents receiving end-of-life care.

E. In accordance with R.S. 40:2180.2, licensed intermediate care facilities for people with developmental disabilities (ICF/DD) may allow any close family member or legal representative of a resident of an ICF/DD to visit the resident during any state of public health emergency.

Acts 2023, No. 367, §1.
La. Rev. Stat. § 40:1135.4 — LA Code / Code revised-statutes / Title 40 / Section 1135.4
Ambulance services; fees
Status: in_force

Any person, partnership, corporation, unincorporated association, or other legal entity currently operating or planning to operate an ambulance service shall pay the following fees to the department, as applicable:

(1) An initial licensing fee of one hundred fifty dollars, to be submitted with the initial application for a license.

(2) An annual license renewal fee of one hundred dollars, to be submitted with each annual application for renewal of a license.

(3) A delinquent fee of one hundred dollars for failure to timely pay an annual license renewal fee. Such delinquent fee shall be assessed and shall become due and payable at 12:01 a.m. on the thirty-sixth day following the date of the invoice by which the department bills the applicant or licensee for the annual license renewal fee.

(4) A vehicle inspection fee of seventy-five dollars for each ambulance or emergency medical response vehicle, which shall be submitted with the initial application for a license, with each annual application for renewal of a license, and with each application for a permit for a vehicle added to service by the applicant.

(5) A delinquent fee of one hundred dollars for each ambulance and emergency medical response vehicle, for failure to timely pay a vehicle inspection fee. Such delinquent fee shall be assessed and shall become due and payable at 12:01 a.m. on the thirty-sixth day following the date of the invoice by which the department bills the applicant or licensee for the vehicle inspection fee.

(6) A change of address fee of ten dollars for each change of address.

(7) A duplicate license fee of ten dollars for each duplicate license.

Acts 1999, No. 1113, §1; Redesignated from R.S. 40:1235.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1061.13 — LA Code / Code revised-statutes / Title 40 / Section 1061.13
Abortion after viability; second attendant physician required; duties
Status: in_force

A. Before a physician may perform an abortion upon a pregnant woman whose unborn child is viable, such physician shall first certify in writing that the abortion is necessary to preserve the life or health of the woman and shall further certify in writing the medical indications for such abortion and the probable health consequences.

B. Any physician who performs an abortion upon a woman carrying a viable unborn child shall utilize the available method or technique of abortion most likely to preserve the life and health of the unborn child. In cases where the method or technique of abortion which would most likely preserve the life and health of the unborn child would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize such other method or technique. In all cases where the physician performs an abortion upon a viable unborn child, the physician shall certify in writing the available method or techniques considered and the reasons for choosing the method or technique employed.

C. An abortion of a viable unborn child shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for an infant born alive as a result of the abortion. During the performance of the abortion, the physician performing it, and subsequent to the abortion, the physician required by this Section to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable unborn child and born-alive infant, respectively, provided that it does not pose an increased risk to the life or health of the woman.

D. The provisions of this Section shall apply to an infant born alive, and the infant born alive shall be given immediate medical care regardless of whether the abortion was considered legal or illegal under the law at the time the abortion was performed.

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

Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Redesignated from R.S. 40:1299.35.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:1667.3 — LA Code / Code revised-statutes / Title 40 / Section 1667.3
Disbursement of funds
Status: in_force

A.(1) The funds appropriated and dedicated as herein provided shall be disbursed upon warrants approved and certified by the mayors, chiefs of police, or marshals of the respective municipalities coming under the provisions of this Part, which warrants shall have attached to them a detailed list of the names of the individuals for whose benefit any particular warrant is drawn and such other information as the Department of Public Safety and Corrections may require.

(2) If a person who is required to sign a warrant fails to sign it, the person shall forward by certified mail to the Department of Public Safety and Corrections a letter which includes a justification for the failure to sign the warrant and supporting documentation. The board of review may approve a warrant that does not include all required signatures.

B. The mayors, chiefs of police, or marshals of the respective municipalities shall forward the approved and certified warrants to the Department of Public Safety and Corrections and, on the basis of such warrants, the Department of Public Safety and Corrections shall issue payments in accordance with the provisions of this Part.

C. The mayor and chief of police or other municipal officer of the municipalities employing the individuals entitled to additional compensation from the state under the provisions of this Part, who is charged with the responsibility of preparing the payrolls for such individuals, shall include the additional compensation paid by the state to such individuals in the calculation and deduction from the pay of such individuals the sums required by state or federal law to be withheld by an employer, such as federal income tax and social security tax or contributions to state or local retirement systems. Any officials so charged with withholding sums from the pay of the individuals shall be further charged with the responsibility of transmitting the sums so withheld in accordance with the law or laws requiring the withholding.

D. The additional compensation paid by the state to individuals as herein provided shall be included in the calculation and computation of the total wages paid to the individual in the determination of employer contributions to any retirement system or pension fund of which the individual may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the individual under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the individual might be entitled with the exception of workers' compensation benefits pursuant to R.S. 23:1021 et seq.

E.(1) As used in this Section, references to "municipality" and "municipal" shall include political subdivisions whose employees are peace officer standards and training (POST) certified and who are entitled to extra compensation from the state.

(2) As used in this Section, reference to "mayor" includes his designee and also includes the executive director of a political subdivision whose employees are peace officer standards and training (POST) certified and who are entitled to extra compensation from the state.

Acts 1956, No. 323, §4. Amended by Acts 1959, No. 49, §1; Acts 1975, No. 792, §1; Acts 1997, No. 536, §2; Acts 2003, No. 775, §1. Redesignated from R.S. 33:2218.4. See Acts 2014, No. 158, §§3 and 7; Acts 2022, No. 637, §1.
La. Rev. Stat. § 40:1169.2 — LA Code / Code revised-statutes / Title 40 / Section 1169.2
Legislative findings
Status: in_force

The Legislature of Louisiana hereby finds and declares the following:

(1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years.

(2) A patient who has a terminal illness does not have the luxury of waiting until an investigational drug, biological product, or device receives final approval from the United States Food and Drug Administration.

(3) The standards of the United States Food and Drug Administration for the use of investigational drugs, biological products, and devices may deny the benefits of potentially life-saving treatments or devices to terminally ill patients.

(4) A patient with a terminal illness has a fundamental right to attempt to preserve his own life by accessing available investigational drugs, biological products, and devices.

(5) Whether to use available investigational drugs, biological products, or devices is a decision that rightfully should be made by the patient with a terminal illness in consultation with his physician, and is not a decision to be made by the government.

Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.422 by HCR 84 of 2015 R.S.; Acts 2017, No. 292, §1.
La. Rev. Stat. § 40:1079.15 — LA Code / Code revised-statutes / Title 40 / Section 1079.15
Parental involvement in counseling
Status: in_force

Any school or facility that provides preventive counseling or treatment to a child shall seek, only with the written consent of the child, the involvement of a parent, family member, or other individual close to the child. Such involvement shall be in conformity with the confidentiality requirements of R.S. 40:1079.18.

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.5 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2861 — LA Code / Code revised-statutes / Title 40 / Section 2861
Legislative intent and public health policy
Status: in_force

It is the intent of the legislature that the purpose of this Chapter is to license, permit, and monitor pharmacy benefit managers to provide for the effective control and regulation of their activities, maintain and enforce order regarding the prescribing, dispensing, marketing, selling, managing, and use of prescription drugs in this state, and to protect the health, safety, and general welfare of the citizens and residents of this state.

Acts 2019, No. 124, §3, eff. July 1, 2020.
La. Rev. Stat. § 40:1378 — LA Code / Code revised-statutes / Title 40 / Section 1378
Headquarters and stations; establishment; discontinuance
Status: in_force

The department shall, from time to time, establish headquarters and stations in the localities it thinks best suited to aid in the enforcement of the laws of this state.

It may also, as it sees fit, discontinue any headquarters or station.
La. Rev. Stat. § 40:2712 — LA Code / Code revised-statutes / Title 40 / Section 2712
Stand-up tanning booths Tanning booths designed for stand-up use shall also comply with the following additional requirements:
Status: in_force

(1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin.

(2) Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person.

(3) Access to booths shall be of rigid construction with doors which are nonlatching and that open outwardly.

(4) Booths shall be equipped with handrails and nonslip floors.

Acts 1990, No. 587, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:573 — LA Code / Code revised-statutes / Title 40 / Section 573
Cooperation in undertaking housing projects
Status: in_force

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing developments or redevelopment projects located within the area in which it is authorized to act, any state public body may, upon such terms as it determines:

(1) Dedicate, sell, convey, or lease any of its interest in any property, or grant servitudes or other rights or privileges therein to a housing authority or to the federal government.

(2) Cause parks or playgrounds or recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with such developments or projects.

(3) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, alleys, sidewalks or other places which it is otherwise empowered to construct.

(4) Plan or replan, zone or rezone, any part of the state public body; or make exceptions to any of its building regulations and ordinances. Municipalities may also change their maps.

(5) Cause any services to be furnished to the housing authority which it is empowered to furnish.

(6) Enter into agreements with respect to the exercise by it of its powers relating to the repair, elimination, or closing of unsafe, insanitary, or unfit dwellings.

(7) Employ any funds belonging to it or within its control, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and exercise all the rights of any holder of such bonds or other obligations.

(8) Accept as security for its deposits any bonds or other obligations of any housing authority created under the Housing Authorities Law.

(9) Do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction, or operation of such developments or projects.

(10) Incur the entire expense of any public improvements made by it in exercising the powers granted in this Part. However, it shall be the responsibility of the state public body to make available to those families who have been deprived of living accommodations through the removal of these structures as provided for in this Part, living quarters either in housing developments or through private enterprise at a comparable rate of rent as was previously paid. When a dwelling or business is condemned and demolished, the property owner shall retain his equity in the land, regardless of whether it is subsequently subdivided, unless the land is expropriated for a municipal use such as a playground, school, street, or municipal building.

(11) Enter into agreements, which may extend over any period, with a housing authority respecting action to be taken by the state public body pursuant to any of the powers granted by this Part. If at any time title to, or possession of, any development is held by any public body or governmental agency authorized by law to engage in the development or administration of low rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.

(12) Conduct public hearings on a proposed housing development or redevelopment project for its planning, undertaking, construction, or operation. Notice of such public hearing shall be given to the legislators within whose district the development or redevelopment project is located.

Acts 1997, No. 1188, §1; Acts 2003, No. 1095, §1, eff. July 2, 2003.