La. Rev. Stat. § 40:1502.6 — LA Code / Code revised-statutes / Title 40 / Section 1502.6
Service charge authorized for Morehouse Parish; assessment and collection
Status: in_force

A. The governing authority of any fire protection district situated wholly within the geographical boundaries of Morehouse Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge or rates of service charges to be assessed persons owning each residential or commercial structure, whether occupied or unoccupied, located wholly or partly within the boundaries of the fire protection district, subject to the provisions of Subsection B of this Section. For purposes of this Section, each residential or commercial unit and each housing unit within a multiple dwelling structure shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2 shall be considered a structure. The service charges or rates of service charges shall be framed by the governing authority of the district to cover and shall be used for the costs of any or all fire protection services. The fire protection district shall provide a receipt to each property owner paying the service charge. All insurers and all insurance agents shall have proof of a current service charge receipt before considering any reduced rates because of fire district protection.

B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the fire protection district. However, the resolution assessing said service charges shall be adopted by the governing authority only after the question of the assessment and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service charge or rates of service charges for fire protection services as provided in this Section shall also have the authority to use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes. Such means shall include the assessor carrying the fire protection service charges on the tax rolls for Morehouse Parish and the sheriff of Morehouse Parish collecting such service charges at the time ad valorem taxes are collected and with the same authority with which such taxes are collected. If any fire protection service charge becomes delinquent and unpaid, the sheriff shall send "Final Notices" to the delinquent property owners by registered or certified mail. He shall also publish the delinquent property owners' names and addresses in the parish journal setting forth the date and place of property sale to enforce collection in the same manner as ad valorem taxes. Such fire protection service charge obligations shall prime all other liens, mortgages, and privileges against the property except those for taxes and prior recorded local and special assessments. The governing authority may compensate the sheriff and tax assessor for such collection upon mutual agreement of the governing authority and the sheriff and tax assessor.

(2)(a) The governing authority of any such district shall also have the authority to place liens for fire protection service charges upon the structure subject to the charge, upon the building, if any, in which the structure is located if it is owned by the owner of the structure, and upon the lot of ground not exceeding one acre on which the structure is situated if such lot of ground belongs to the person who owns such structure; however, if such structure or building is owned by a lessee of the lot of ground, the lien shall exist only against the lease and shall not affect the owner of the lot. Such lien shall be placed upon property only in the event of the refusal of the owner of a structure to pay said service charges when requested to do so by said governing authority within thirty days of receipt by the owner of such a request by registered or certified letter.

(b) The governing authority may file a statement reflecting the amount of the unpaid charges in the mortgage office of Morehouse Parish, which, when so filed and recorded, shall operate as a lien and privilege in favor of the district against property as provided herein.

(c) In addition, the governing authority of the district shall be entitled to recover the amount of said charges, together with all costs of court and attorney fees, by ordinary process in the Fourth Judicial District. Said governing authority may also provide, by resolution, for interest on the amount of said charges, which shall be paid prior to cancellation of the lien. The rate of interest charged shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and shall be computed from the date of recordation of the lien until paid.

(d) Alternatively, the lien authorized by this Paragraph may be enforced by assessing the amount of the lien against the immovable as a tax against the immovable, to be enforced and collected as any ordinary property tax lien to be assessed against the property. Said lien may be collected in the manner fixed for collection of taxes and shall be subject to the same civil penalties for delinquencies. After the governing authority of the fire protection district has incurred such costs and expenses as constitute the lien on the property, including any costs of court, attorney fees, and interest, said governing authority may send an attested bill of said costs and expenses to the assessor of Morehouse Parish, who shall add the amount of said bill to the next tax bill of the owner. Such liens shall prime all other liens or privileges against the property, except other tax liens, filed after the statement specified in this Subsection is filed with the recorder of mortgages, regardless of the date on which said lien is perfected.

Acts 1988, No. 744, §1; Acts 1989, No. 802, §1; Acts 1990, No. 814, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.
La. Rev. Stat. § 40:2707 — LA Code / Code revised-statutes / Title 40 / Section 2707
Prohibited acts; advertisement; minors
Status: in_force

A. A tanning facility shall not claim or distribute promotional materials that claim use of a tanning device is safe or free from risk. No person shall state or imply that any activity under such registration has been approved by the department.

B. A tanning facility shall not allow any person under eighteen years of age to use any tanning equipment.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 2014, No. 193, §1.
La. Rev. Stat. § 40:1633 — LA Code / Code revised-statutes / Title 40 / Section 1633
Penalties; forfeiture
Status: in_force

A. A manufacturer, who knowingly sells or offers to sell cigarettes, in violation of this Act*, shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed fifty thousand dollars during any thirty-day period.

B. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to R.S. 40:1629 shall be subject to a civil penalty not less than twenty-five thousand dollars and not to exceed one hundred thousand dollars for each such false certification.

C. Any person violating any other provision of this Act shall be subject to a civil penalty for a first offense not to exceed one thousand dollars. The penalty for any subsequent violation shall not exceed five thousand dollars.

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

*Acts 2007, No. 409
La. Rev. Stat. § 40:695 — LA Code / Code revised-statutes / Title 40 / Section 695
Tampering with consumer products; false reports of violations; prohibition; penalties
Status: in_force

A. Tampering with consumer products is the tampering with or attempt to tamper with any food, drug, device, or cosmetic, or the tampering with or attempt to tamper with the label or container of any such item, with the intent to cause bodily injury or death to any person. For purpose of this Subpart, the terms food, drug, device, cosmetic, or label shall have the same meanings as provided in R.S. 40:602, except that they shall include only such items produced or distributed for human consumption or use.

B. Any person who commits the crime of tampering with consumer products shall:

(1) When no bodily injury or death results, be fined not more than five thousand dollars, imprisoned for not more than five years, or both.

(2) When the bodily injury of any person results, be fined not more than ten thousand dollars, imprisoned for not more than ten years, with or without hard labor, or both.

(3) When the death of any person results, be imprisoned for life at hard labor without benefit of parole, probation, or suspension of sentence.

C.(1) False reporting of tampering with consumer products is the willful and malicious imparting or conveying of false information, knowing such information to be false, concerning conduct or attempted conduct which, if such conduct occurred, would constitute a violation of R.S. 40:695(A).

(2) Whoever commits the crime of false reporting of tampering with consumer products shall be fined not more than five thousand dollars, imprisoned for not more than five years, or both.

Added by Acts 1983, No. 721, §1.
La. Rev. Stat. § 40:1060.12 — LA Code / Code revised-statutes / Title 40 / Section 1060.12
Legend drug imprint
Status: in_force

A. No legend drug in solid dosage form may be manufactured or distributed for sale in this state unless there is clearly marked or imprinted on the dosage form a code imprint identifying the drug and the manufacturer or distributor of the drug. The Louisiana Department of Health, upon application by a manufacturer or distributor, may exempt a particular drug product from the requirement to be imprinted on the grounds that imprinting is not feasible because of said drug product's size, texture, or other unique characteristics.

B. On or before January 1, 1984, manufacturers or distributors of legend drugs shall provide to the Louisiana Department of Health a list of their legend drugs and the description of the code imprint each bears. The department shall provide for the distribution of the information required to be submitted under this Part to all poison control centers in the state. The department shall provide to any licensed health care provider, upon request, lists of legend drugs and code imprints provided to the department under this Section, but may charge a reasonable fee to cover copying and postage costs. Manufacturers and distributors shall provide updated lists to the department annually or as changes or revisions occur.

C. A legend drug that does not meet the above requirements shall be deemed misbranded.

D. Whoever manufactures or distributes for sale or otherwise provides to any other person for dispensing any legend drug in solid dosage form that fails to comply with this Section shall be fined twenty-five thousand dollars, or imprisoned for five years, or both.

E. The provisions of Subsections A, B, C, and D of this Section shall not apply to any of the following:

(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to January 1, 1984, and held in stock for resale.

(2) Drugs which are manufactured by or upon the order of a practitioner licensed by law to prescribe or administer drugs and which are to be used solely by the patient for whom prescribed.

Added by Acts 1982, No. 872, §1, eff. Jan. 1, 1984; Redesignated from R.S. 40:1238 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1892 — LA Code / Code revised-statutes / Title 40 / Section 1892
Malodorants required
Status: in_force

All natural and other odorless gases shall be malodorized by the use of a malodorant in accordance with pipeline safety rules and regulations promulgated by the assistant secretary of the office of conservation of the Department of Conservation and Energy, or in the case of liquefied petroleum gas, in accordance with R.S. 40:1846(B)(5) and (6).

Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.
La. Rev. Stat. § 40:5.9.1 — LA Code / Code revised-statutes / Title 40 / Section 5.9.1
Community water system accountability process; creation of letter grade schedule; penalties for failing systems
Status: in_force

A. This Section shall be known and may be cited as "The Community Drinking Water Infrastructure Sustainability Act" which has been enacted by the legislature to provide:

(1) For the development and implementation of a community water system accountability process which requires and supports drinking water infrastructure sustainability for the citizens of Louisiana.

(2) Assurance to the citizens that the quality of drinking water is monitored and maintained at levels essential for health, safety, welfare, and long-term sustainability.

(3) Clear standards and expectations for community water systems so that assessment of their quality, performance, and sustainability will be understood.

(4) Information that will assist community water systems and citizens in understanding expectations, outcomes, and consequences for failing community water systems.

(5) Consequences and penalties for community water systems that do not achieve minimum standards.

B. "Community water system" has the same meaning as provided for in R.S. 40:5.8.

C. The Louisiana Department of Health, referred to in this Section as the "department", shall provide for a statewide system of accountability for community water systems and establish a letter grade schedule reflective of community water system quality, performance, and sustainability based on, at a minimum, the following standards:

(1) Federal water quality violation history.

(2) State violation history.

(3) Water system financial sustainability.

(4) Operation and maintenance performance history.

(5) Infrastructure violations.

(6) Customer satisfaction.

(7) Level of secondary contaminants.

D.(1) The department shall promulgate rules and regulations to establish and implement the community water system letter grade schedule provided for in this Section. The rules and regulations shall provide clear and appropriate point values for each standard set forth in Subsection C of this Section and other assessed criteria as determined by the department that is used to calculate the community water system's letter grade. Point values shall be based on objective criteria so that each community water system is assessed equally and fairly. Community water systems shall be assigned a letter grade of "A", "B", "C", "D", or "F".

(2) The department shall publish scores and letter grades earned by each community water system on its website in a frequency and duration established by rule.

E.(1) Any community water system that receives a letter grade of "D" or "F" shall be considered operationally unacceptable and may be subject to the following:

(a) Enforcement actions as provided for in R.S. 40:5.9.

(b) Oversight of all federal or state funding by an auditor approved by the legislative auditor who has experience with fiscal management of local government. The oversight provided for in this Paragraph shall include the authority to make decisions regarding the expenditure of funding.

(c) Notice being submitted to the State Bond Commission, the Public Service Commission, and the attorney general to prohibit the community water system or the local governing authority operating the community water system from incurring any additional debt for anything not directly related to the improvement and sustainability of the community drinking water system pursuant to a plan approved by the department.

(d) If the condition or operations of any community water system that receives a letter grade of "D" or "F" necessitates the expenditure of state funds to address or mitigate an emergency related to that community water system, such circumstances shall be grounds for a civil action for court-appointed receivership in accordance with R.S. 40:5.9 or to the appointment of a fiscal administrator in accordance with R.S. 39:1351 et seq.

(2) A community water system that receives a letter grade of "D" or "F" shall not be precluded from obtaining funding for the improvement and sustainability of the community drinking water system based solely on the letter grade.

(3) A community water system that receives a letter grade of "D" or "F" shall constitute prima facie evidence that a community water system is financially at risk and not able to maintain financial stability and shall serve as grounds for the Fiscal Review Committee to determine that a political subdivision is reasonably certain to not maintain financial stability.

F. Notwithstanding any provision of law to the contrary, no local governing authority that operates a community water system that receives a grade of "D" or "F" shall expend any money raised through payments made by customers for access to water or from any other water system revenue for any item, debt payment, or public purpose other than the improvement and sustainability of the community water system. A violation of this Subsection shall be grounds for a civil action for court-appointed receivership in accordance with R.S. 40:5.9, the appointment of a fiscal administrator in accordance with R.S. 39:1351 et seq, or for a court to order the mandatory safe water purchase from another system determined to be available by the department. The provisions of this Subsection shall not be construed to prohibit the payment of bonded indebtedness secured by the water system's revenue prior to August 1, 2021.

G. The department shall publish the first letter grades issued pursuant to this Section no later than January 1, 2023.

Acts 2021, No. 98, §1; Acts 2024, No. 144, §3, eff. May 22, 2024.
La. Rev. Stat. § 40:1137.1 — LA Code / Code revised-statutes / Title 40 / Section 1137.1
Legislative findings
Status: in_force

A. The Legislature of Louisiana finds that each year more than three hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest. More than ninety-five percent of these Americans die, in many cases because a lifesaving defibrillator did not arrive at the scene of the emergency in time.

B. The American Heart Association estimates that more than twenty thousand deaths may be prevented each year if defibrillators were more widely available to designated responders.

C. Many communities throughout the state and nation have invested in 911 emergency response systems, emergency personnel, and ambulance vehicles. However, many of these communities do not have enough defibrillators in their community.

D. It is therefore the intent of the legislature to encourage greater acquisition, deployment, and use of automated external defibrillators in communities throughout the state.

Acts 1999, No. 825, §1; Redesignated from R.S. 40:1236.11 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2013 — LA Code / Code revised-statutes / Title 40 / Section 2013
Louisiana Department of Health as mental health and developmental disabilities authority
Status: in_force

The Louisiana Department of Health in addition to other powers and duties conferred upon it by this Chapter, is hereby designated as the sole agency:

(1) For carrying out the purposes of the National Mental Health Act, Public Law 79-487. 1

(2) For carrying out the purposes of the Maternal and Child Health and Mental Retardation Planning Amendments of 1963, Title VII of Public Law 88-156 in relation to planning. 2

(3) For carrying out the Mental Retardation Facilities Construction Act, Part C of Title I of Public Law 88-164. 3

(4) For carrying out the purposes of the Community Mental Health Centers Act, Title II of Public Law 88-164. 4

(5) For carrying out the purposes of the Alcohol, Drug Abuse and Mental Health Administration Reorganization Act, Public Law 102-321 5 .

(6) To administer any and all federal grants in aid funds awarded to the state of Louisiana and any state funds that may be appropriated or made available by the legislature for the establishment and conduct of an approved mental health and developmental disabilities program in the state of Louisiana as contemplated by the provisions of the foregoing federal laws or the provisions of any state law relating to the subjects of this Section.

Added by Acts 1958, No. 35, §1. Amended by Acts 1964, No. 170, §4; Acts 1977, No. 680, §21; Acts 1997, No. 167, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.

1 42 U.S.C.A. §§201 to 246.

2 42 U.S.C.A. §701 et seq.

3 Former 42 U.S.C.A. §2661 et seq. (see now, 42 U.S.C.A. §6001 et seq.).

4 Former 42 U.S.C.A. §2681 et seq. (see now, 42 U.S.C.A. §2689 et seq.)

5 42 U.S.C.A. §201 et seq., as amended. (Popular name - ADAMHA Reorganization Act).
La. Rev. Stat. § 40:716 — LA Code / Code revised-statutes / Title 40 / Section 716
Inspection of soft drinks manufactured outside state; fee
Status: in_force

No soft drink, malt beverage, or other nonalcoholic beverage not manufactured in this state shall be sold or offered for sale in this state unless the state health officer of the state in which the plant manufacturing the drink or beverage is located has inspected and approved the plant and forwarded a certificate to that effect to the Louisiana Department of Health and a correct sample is first inspected by and registered with the department. An inspection fee of twenty-five dollars for each sample bearing a distinguishing flavor or name shall be paid by the manufacturer thereof, his agent, or dealer to the department annually.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
La. Rev. Stat. § 40:1321.2 — LA Code / Code revised-statutes / Title 40 / Section 1321.2
Office of Motor Vehicles Special Identification Card Dedicated Fund Account
Status: in_force

A. There is hereby created, as a special statutorily dedicated fund account in the state treasury, the Office of Motor Vehicles Special Identification Card Dedicated Fund Account, hereafter referred to as the "Identification Card Account".

B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the treasurer shall pay an amount equal to one-third of the monies received by the state treasury pursuant to the provisions of R.S. 40:1321(C) into the Identification Card Account. Monies in the account shall be used for operational expenses of the Department of Public Safety and Corrections, public safety services. All unexpended and unencumbered monies in the account at the end of the fiscal year shall remain in the account. Monies in the account shall be invested by the state treasurer in the same manner as monies in the state general fund and shall be deposited into the state general fund.

C. Monies deposited into the Identification Card Account shall be available for appropriation in Fiscal Years 2026, 2027, 2032, 2033, 2038, and 2039.

D. Monies deposited into the Identification Card Account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriations bill and shall be available for annual appropriation by the legislature.

E. The provisions of this Section shall be null, void, and of no effect beginning on July 1, 2039.

Acts 2021, No. 348, §2.
La. Rev. Stat. § 40:52 — LA Code / Code revised-statutes / Title 40 / Section 52
Permit for removal, burial, cremation, or other disposition of body for a death in state; requirements to obtain death certificate before removing body out of the continental United States
Status: in_force

When a death or spontaneous fetal death (stillbirth) occurs in this state or when a dead human body is found, the deceased, stillborn child, or dead human body shall not be interred, deposited in a vault or tomb, removed from the state, cremated, or otherwise disposed of until a burial transit permit has been issued by a local registrar. However, a dead human body shall not be removed from the continental United States until a burial transit permit has been issued and a death certificate has been completed by the parish coroner or a physician as required in R.S. 40:34.10(19).

Acts 1979, No. 776, §1; Acts 2003, No. 657, §1.
La. Rev. Stat. § 40:1456 — LA Code / Code revised-statutes / Title 40 / Section 1456
Purpose
Status: in_force

This law is enacted by the legislature pursuant to Article X, Section 10(A)(1) of the Louisiana Constitution of 1974 in the exercise of the police power of the state, to promote the public peace and safety by providing better enforcement of the law.

Added by Acts 1975, No. 320, §1, eff. July 1, 1975.

{{NOTE: FOR CONDITIONAL REPEAL SEE NOTE AT §1451.}}
La. Rev. Stat. § 40:1285.10 — LA Code / Code revised-statutes / Title 40 / Section 1285.10
Liability of owners of residential property; damages
Status: in_force

The owner of any residential property shall be liable for all damages caused by his failure to perform the duties required of him pursuant to R.S. 40:1285.6 or R.S. 40:1285.7.

Added by Acts 1972, No. 371, §1; Redesignated from R.S. 40:1299.29 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1472.16 — LA Code / Code revised-statutes / Title 40 / Section 1472.16
Municipal ordinances, rules, and regulations
Status: in_force

A. Nothing contained in this Part shall affect any existing ordinances, rules, and regulations pertaining to explosives of any incorporated city or town in this state which are not less restrictive than the provisions of this Part and the rules and regulations promulgated pursuant thereto, or affect, modify, or limit the power of such incorporated city or town to adopt ordinances, rules, and regulations pertaining to explosives within the respective corporate limits.

B. Every holder of a license issued by the deputy secretary shall obtain the specific approval of the explosives control unit before detonating any explosives in any congested area of the state, whether within the corporate limits of a city or town or not.

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
La. Rev. Stat. § 40:1109.2 — LA Code / Code revised-statutes / Title 40 / Section 1109.2
Public information concerning Down syndrome
Status: in_force

A. The department shall identify current, evidence-based, written information concerning Down syndrome that meets all of the following criteria:

(1) Has been reviewed by medical experts and national and local Down syndrome organizations.

(2) Is designed for use by an expectant parent who receives a prenatal test result for Down syndrome or a parent of a child who receives a diagnosis of Down syndrome.

(3) Does not engage in discrimination based on disability or genetic variation by explicitly or implicitly presenting pregnancy termination as a neutral or acceptable option when a prenatal test indicates a probability or diagnosis that the unborn child has Down syndrome or any other health condition.

(4) Is culturally and linguistically appropriate for potential recipients of the information and includes all of the following:

(a) Information addressing physical, developmental, educational, and psychosocial outcomes, life expectancy, clinical course, and intellectual and functional development and treatment options for individuals with Down syndrome.

(b) Contact information for national and local Down syndrome education and support programs and services, including information hotlines, resource centers, and clearinghouses.

B. With respect to public information concerning Down syndrome, the department shall do all of the following:

(1) Provide the information identified pursuant to Subsection A of this Section to healthcare facilities and healthcare providers that furnish prenatal care, postnatal care, or genetic counseling to expectant parents who receive a prenatal test result for Down syndrome and parents of a child diagnosed with Down syndrome.

(2) Make available the information identified pursuant to Subsection A of this Section on its Internet website.

C.(1) Upon receipt of a positive result from a test for Down syndrome, a healthcare facility or healthcare provider shall provide to the expectant parent or the parent of the child diagnosed with Down syndrome the written information provided or made available by the department pursuant to Subsection B of this Section.

(2) All information provided pursuant to the provisions of this Section shall be culturally and linguistically appropriate for the recipient of the information, and shall not engage in discrimination based on disability or genetic variation by explicitly or implicitly presenting pregnancy termination as a neutral or acceptable option when a prenatal test indicates a probability or diagnosis that the unborn child has Down syndrome or any other health condition.

Acts 2014, No. 352, §1; Redesignated from R.S. 40:1300.392 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:414 — LA Code / Code revised-statutes / Title 40 / Section 414
Effect on local authorities of adoption of consolidated or regional authorities
Status: in_force

In the event that a municipality or parish that has an established local housing authority elects to participate in a regional housing authority, pursuant to R.S. 40:411, or a consolidated housing authority, pursuant to R.S. 40:413, it shall obtain the consent of the local housing authority. In the event of such consent, any such existing housing authority which embraces the municipality or parish within its area of operation may elect to cease to exist therein, except for the purpose of winding up its affairs and transferring its property to the consolidated or regional housing authority, as provided in R.S. 40:419. In the event that any such housing authority elects to continue in existence, then in such event, the jurisdiction of such regional or consolidated housing authority shall be exercised concurrently with that of the local housing authority within its area of operation.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2018 — LA Code / Code revised-statutes / Title 40 / Section 2018
Commission on Perinatal Care and Prevention of Infant Mortality; maternal and infant mortality studies; confidentiality; prohibited disclosure and discovery
Status: in_force

A. There shall be established within the Louisiana Department of Health, a commission which shall be designated the "Commission on Perinatal Care and Prevention of Infant Mortality", composed of sixteen members, as provided in Subsection B of this Section.

B.(1) Fourteen members shall be appointed by the governor as follows:

(a) Two neonatologists, one of which shall be actively engaged in medical education, and one of which shall be actively engaged in private practice.

(b) One obstetrician.

(c) One family practitioner.

(d) One pediatrician.

(e) One female health nurse practitioner.

(f) One representative from a family planning clinic in the state.

(g) One neonatal nurse specialist.

(h) Two health care administrators representing the public and private sector respectively.

(i) One social worker.

(j) One nutritionist.

(k) Two perinatologists.

(2) Two members shall be appointed as follows:

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

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

(3) Each appointment by the governor shall serve at his pleasure and shall be subject to Senate confirmation. The legislative members shall serve at the pleasure of the presiding officer of the respective legislative body.

C. The chairman of the Commission on Perinatal Care and Prevention of Infant Mortality shall be elected annually by the commission members and shall serve as chairman without a salary. The chairman shall report directly to the governor.

D. The commission shall hold at least six regular meetings each year at a place designated by the chairman. The commission members shall be compensated for travel in connection with the commission meetings and official commission business as approved by the chairman of the commission. Reimbursement shall be in accord with the travel regulations of the Louisiana Department of Health.

E.(1) The secretary of the Louisiana Department of Health shall assist the commission and provide any data the commission requires that is available to the state, in order to reduce the number of infant deaths and the number of unmarried, teenage pregnancies in the state of Louisiana.

(2) Reports on the status of available perinatal care and other reports as are considered appropriate based on the research shall be made to the commission.

F. The functions of the commission shall be to:

(1) Research and review all state regulations, guidelines, policies, and procedures that impact perinatal care and, when appropriate, make recommendations to the secretary of the Louisiana Department of Health.

(2) Research and review all state laws that impact perinatal care and, when appropriate, make recommendations to the legislature.

(3) Accept grants and other forms of funding to conduct maternal and infant mortality studies.

(4) Contract, in accordance with the applicable provisions of state law, for the performance of maternal and infant mortality studies.

G. Within the confines of available resources, the goals of the commission shall be to strive to:

(1) Provide, through comparison of available data and research, a plan that the state of Louisiana can adopt to reduce the number of teenage pregnancies, sick infants, and infant mortalities.

(2) Propose a plan for an equitable system of financing comprehensive health and social services for indigent pregnant women and infants that incorporates the Medicaid program in the most efficient and cost-effective manner available to public and private hospitals in the state of Louisiana.

(3) Compile and analyze information on existing infant mortality education programs and make recommendations for the implementation of public policies, for proposed legislation, and for a statewide program to combat the problem of infant mortality to coordinate and improve the services of the state, local governments, private and voluntary agencies, community organizations, and schools which serve to educate high risk candidates and their families.

(4) Reduce the infant mortality rate to not more than nine deaths per one thousand live births.

(5) Reduce the number of babies born with low birth weight to not more than five percent of all live births.

(6) Reduce the infant mortality rate for each parish and for each racial or ethnic group of the population to not more than twelve deaths per one thousand live births.

(7) Educate women of child-bearing age to be able to choose food wisely and understand the hazards of smoking, alcohol, pharmaceutical products, and other drugs during pregnancy and nursing.

H. The commission shall have the right and authority to analyze any data available through any state system that may improve perinatal outcomes in Louisiana.

I.(1) Notwithstanding any other provision of law to the contrary, the commission or its agent shall be authorized access to medical and vital records in the custody of physicians, hospitals, clinics, other health care providers, and the office of public health in order that it may conduct maternal and infant mortality studies. All such medical and vital records obtained by the commission or its agent in accordance with the provisions of this Subsection, as well as the results of any maternal and infant mortality study, shall be confidential and shall not be available for subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding nor shall such records be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.

(2) Nothing in this Subsection shall prohibit the publishing by the commission of statistical compilations relating to maternal and infant mortality which do not identify individual cases or individual physicians, hospitals, clinics, or other health care providers.

Acts 1989, No. 352, §2; Acts 1991, No. 515, §1; Acts 1992, No. 326, §1.
La. Rev. Stat. § 40:1003 — LA Code / Code revised-statutes / Title 40 / Section 1003
Definitions
Status: in_force

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

(1) "Administer" or "administration" means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means.

(2) "Advisory council" means the entity established in R.S. 40:1005.

(3)(a) "Audit trail information" means information submitted or produced regarding requests for prescription monitoring program data that the board or other individual as specified by this Part uses to help monitor compliance with this Part and other applicable statutes, rules, or regulations.

(b) "Audit trail information" shall not include any information produced or requested by the Louisiana legislative auditor.

(4) "Board" means the Louisiana Board of Pharmacy.

(5) "Controlled substance" means any substance or drug defined, enumerated, or included in federal or state statute or rules, 21 CFR 1308.11-15 or R.S. 40:964, or any substance which may hereafter be designated as a controlled substance by amendment or supplementation of such regulations or statute. "Controlled substance" shall not include distilled spirits, wine, malt beverages, or tobacco.

(6) "Dispense" or "dispensing" means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.

(7) "Dispenser" means a person authorized by this state to dispense or distribute to the ultimate user any controlled substance or drug monitored by the program, but shall not include any of the following:

(a) A pharmacy permitted by the board as a hospital pharmacy that dispenses or distributes any controlled substance or drug monitored by the program for the purposes of inpatient hospital care.

(b) A practitioner who dispenses or distributes no more than a single forty-eight-hour supply of such controlled substance or drug to a patient prior to or subsequent to performing an actual procedure on that patient.

(c) A practitioner or other authorized person who administers such controlled substance or drug upon the lawful order of a practitioner.

(d) A wholesale distributor of such controlled substance or drug that is credentialed by the Louisiana Board of Drug and Device Distributors.

(e) Repealed by Acts 2013, No. 27, §2, eff. May 23, 2013.

(8) "Distribute" or "distribution" means the delivery of a drug or device other than by administering or dispensing.

(9) "Drug" means any of the following:

(a) Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals.

(b) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals.

(c) Any substance other than food intended to affect the structure or any function of the body of humans or other animals.

(10) "Drugs of concern" means drugs other than controlled substances as defined by rule which demonstrate a potential for abuse or whose use requires tracking for public health purposes.

(11) "Patient" means the person or animal who is the ultimate user of a controlled substance or drug monitored by the program for whom a prescription is issued and for whom a controlled substance or drug is dispensed.

(12) "Prescriber" means a licensed healthcare professional with prescriptive authority.

(13) "Prescription monitoring information" means data submitted to and maintained by the prescription monitoring program.

(14) "Prescription monitoring program" or "PMP" means the program established in R.S. 40:1004.

(15) "Procedure" means any dental or medical practice or process described in the current year's version of the American Dental Association's current Dental Terminology or the American Medical Association's Code of Procedural Terminology.

Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 144, §1; Acts 2013, No. 27, §2, eff. May 23, 2013; Acts 2017, No. 241, §1, eff. June 14, 2017; Acts 2018, No. 146, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1396 — LA Code / Code revised-statutes / Title 40 / Section 1396
Length of service of Division of State Police employees computed
Status: in_force

Members of the Division of State Police shall be credited with service credit in the following manner:

Any state police employee who was transferred or assigned by the superintendent of the division of state police to perform police duty at any war plant or at the establishment of any employer who, in the opinion of the superintendent of state police, contributed to the war effort during World War II, shall have credited to his service record in the department all of the actual time served by him at such plant or establishment.

Added by Acts 1960, No. 128, §1.
La. Rev. Stat. § 40:519 — LA Code / Code revised-statutes / Title 40 / Section 519
Determination and authority of indemnification
Status: in_force

A. A housing authority may indemnify a representative after a determination has been made that indemnification of the representative is not prohibited pursuant to R.S. 40:516(A) or (C).

B. A determination that indemnification of a representative is permissible shall be made:

(1) By majority vote of a quorum consisting of commissioners not at the time parties to the proceeding.

(2) If a quorum cannot be obtained under Paragraph (1) of this Subsection, by a majority vote of a committee duly designated by the commissioners consisting solely of two or more commissioners not at the time parties to the proceeding. However, commissioners who are parties to the proceeding may participate in designation of the committee.

(3) By special legal counsel selected by the board or its committee in the manner prescribed in Paragraph (1) or (2) of this Subsection or, if a quorum of the commissioners cannot be obtained under Paragraph (1) and a committee cannot be designated under Paragraph (2), the special legal counsel shall be selected by a majority vote of the commissioners, including commissioners who are parties to the proceeding.

C. Authorization of indemnification and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under Paragraph (3) of Subsection B to select counsel.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1107.1 — LA Code / Code revised-statutes / Title 40 / Section 1107.1
Purpose
Status: in_force

The legislature hereby finds and declares that:

(1) Cystic fibrosis is a chronic and life-threatening genetic disorder affecting respiratory, digestive, and other bodily functions which requires medical treatment and care on a continuing basis.

(2) The cost and expense associated with the care and treatment of cystic fibrosis imposes severe hardships and burdens upon individuals suffering from cystic fibrosis and upon those responsible for the cost of such care and treatment, which without some form of public or private medical and financial assistance can and does result in the inability and failure of affected individuals to obtain proper and adequate medical care essential to the treatment of this condition.

(3) One of the serious problems facing medicine and the public health and welfare today is that while assistance and services are available to individuals with cystic fibrosis under the age of twenty-one through the Children's Special Health Services program, such services are not available to individuals with cystic fibrosis who are twenty-one years of age or older, and for many such individuals there are no other sources of public or private aid available for obtaining needed medical care and treatment.

(4) The legislature recognizes that recent medical advances and improvements in the care and treatment of cystic fibrosis have resulted in increases in life span of affected individuals and in a growing population of persons suffering from cystic fibrosis who are twenty-one years of age or older, and that there is an immediate need to make proper and adequate medical treatment and care available to such individuals in order to afford them every opportunity to develop and realize their fullest human potential and to enhance the quality of life.

Added by Acts 1983, No. 498, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.118 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1388 — LA Code / Code revised-statutes / Title 40 / Section 1388
Contracts with municipalities for police protection
Status: in_force

The mayor or chief police officer of any municipality and the sheriff of any parish within this state may contract with the department, acting on behalf of the state, for the regular assignment of an agreed number of employees of the division of state police to the municipality or parish, as the case may be, so as to provide police protection therein and to enforce both state laws and local ordinances, in consideration of the payment by the municipality, parish, or other unit of government of a sum agreed upon by them and the department. The department may enter into such a contract or contracts or may refuse to do so for the good of the service.

Any police employee of the division so assigned shall continue to have all the powers and duties granted and bestowed in this Sub-part but he shall not be subject to the restrictions contained in R.S. 40:1386 and 40:1387 with reference to the municipality to which he has been assigned.

The department may, at all times, withdraw any employee of the division so assigned and assign another employee in his place.
La. Rev. Stat. § 40:2157 — LA Code / Code revised-statutes / Title 40 / Section 2157
License issuance; application; onsite inspection
Status: in_force

A. Each application for licensure of a behavioral health services provider shall be submitted to the department on forms prescribed by the department and shall contain such information as the department may require. Additional information required by the department shall be provided by the applicant as requested.

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

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

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

E. The department may perform an onsite inspection at reasonable times as necessary to ensure compliance with this Part.

Acts 2013, No. 308, §1, eff. June 17, 2013.
La. Rev. Stat. § 40:1061.1 — LA Code / Code revised-statutes / Title 40 / Section 1061.1
Legislative intent; construction of abortion provisions law regulating abortion
Status: in_force

A.(1) It is the intention of the Legislature of Louisiana to regulate, prohibit, or restrict abortion to the fullest extent permitted by the decisions of the Supreme Court of the United States. The legislature does solemnly declare, find, and reaffirm the longstanding public policy of this state that every unborn child is a human being from the moment of conception and is, therefore, a legal person for purposes under the laws of this state and Constitution of Louisiana.

(2) The legislature further finds and declares that the longstanding policy of this state to protect the right to life of every unborn child from conception by prohibiting abortion is impermissible only because of the decisions of the Supreme Court of the United States and that, therefore, if those decisions of the Supreme Court of the United States are ever reversed or modified or the United States Constitution is amended to allow protection of the unborn then the public policy of this state to prohibit abortions shall be enforced.

B.(1) The provisions of this Chapter that regulate the practice of abortion shall not be construed to repeal any other provision of law that restricts or prohibits abortion.

(2) The provisions of this Chapter that regulate the practice of abortion are enacted 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.

C. The provisions of this Chapter that regulate the practice of abortion are subject to R.S. 40:2175.10.

Added by Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.0 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 6B; Redesignated from R.S. 40:1061.8.

NOTE: Former R.S. 40:1061.1 redesignated as R.S. 40:1061.1.2 by Acts 2022, No. 545, §6C.
La. Rev. Stat. § 40:1125.12 — LA Code / Code revised-statutes / Title 40 / Section 1125.12
Sickle cell disease registry; purpose
Status: in_force

A. The department shall establish and maintain, in accordance with the provisions of this Subpart, a registry of individuals diagnosed with sickle cell disease which shall be known as the "Skylar-Cooper Database". The purpose of the registry shall be to function as a single repository of accurate, complete records to aid in the cure and treatment of sickle cell disease in this state.

B. The registry shall encompass, without limitation, all of the following:

(1) A record of individuals in this state who have been diagnosed with sickle cell disease.

(2) All data and other information associated with individuals who have been diagnosed with sickle cell disease that the secretary of the department deems necessary and appropriate for inclusion in the registry.

Acts 2022, No. 647, §2.
La. Rev. Stat. § 40:464 — LA Code / Code revised-statutes / Title 40 / Section 464
Elimination or amelioration of slums and blight
Status: in_force

A local housing authority may take all actions necessary or desirable to eliminate or ameliorate slums and conditions of blight within a local housing authority's area of operation.

Amended by Acts 1950, No. 401, §13; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1013 — LA Code / Code revised-statutes / Title 40 / Section 1013
Funding authority
Status: in_force

A. The board shall have the authority to make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the prescription monitoring program.

B. In the event the legislature provides full funding for the prescription monitoring program, no fees shall be levied as provided in this Section.

C. The board shall have the authority to levy and collect an annual fee from each of the following practitioners in possession of authority to prescribe or dispense controlled dangerous substances: physicians, podiatrists, dentists, optometrists, advanced practice registered nurses, physician assistants, medical psychologists, or any other person subsequently authorized by law to prescribe controlled dangerous substances. The board shall also have the authority to levy and collect an annual fee from each pharmacy licensed by the board. The annual fee levied and collected from each person enumerated in this Subsection and each pharmacy shall not exceed twenty-five dollars.

D. The board shall not be required to fund any aspect of the prescription monitoring program.

Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 144, §1; Acts 2013, No. 27, §1, eff. May 23, 2013.
La. Rev. Stat. § 40:2009.4.1 — LA Code / Code revised-statutes / Title 40 / Section 2009.4.1
Supervised automatic sprinkler systems; requirements
Status: in_force

A.(1) By January 1, 2008, all nursing homes shall be protected throughout by a supervised automatic fire sprinkler system. By December 31, 2006, completed sprinkler plans for these systems shall be submitted to the secretary for review and approval. The secretary may grant an extension of time for nursing homes to submit plans by August 31, 2007, provided the nursing home submits to the secretary a written request for an extension including the reason for the delay and the secretary deems the request reasonable. Where means of egress passes through building areas outside of a nursing home, those areas shall be separated from the nursing home by a two-hour rated wall or shall be protected by a supervised automatic fire sprinkler system.

(2) Any nursing home operator that attests that a replacement facility will be licensed, operable, and in compliance with the requirements of Paragraph (1) of this Subsection by December 31, 2009, and presents plans for the replacement facility to the department and the state fire marshal on or before November 1, 2007, shall be in compliance with the requirements of Paragraph (1) of this Subsection.

B.(1) In order to offset the costs of this mandate, a Medicaid-certified nursing home which installs or extends a sprinkler system or renovates its facility to comply with the provisions of this Section shall submit invoices documenting the total cost of complying with the provisions of this Section to the department and shall be reimbursed by Medicaid within a five-year period of the expenditure. Costs reimbursed pursuant to this Section shall not be included in the facility's capital asset calculations. The cost of installation shall not be included in the facility's Medicaid rate calculations but shall be reimbursed in addition to each facility's Medicaid per diem rate.

(2) The Medicaid-certified nursing homes that installed sprinkler systems or two-hour rated walls, or both, after August 1, 2001, and before August 15, 2006, shall be reimbursed for the cost of such installation over a five-year period beginning July 1, 2007, based on each nursing home's Medicaid cost ratio as computed by the Louisiana Department of Health at the time of completion of the installation. The cost reimbursement shall be calculated as total installation costs less any change in the fair rental value per diem that has been recognized by the department and included in the Medicaid rate as a result of the installation of the sprinkler system or the two-hour walls, or both. The cost of installation shall not be included in the nursing home's Medicaid rate calculations, but shall be reimbursed to the nursing home's Medicaid per diem rate.

(3) The department shall promulgate rules and regulations necessary for the implementation of the provisions in this Section, including but not limited to the establishment of procedures and criteria for reimbursement.

C. Any violation of this Section relating to the untimely submission of plans to the department or installation of sprinkler systems shall be a Class C violation pursuant to R.S. 40:2009.11. However, nothing in this Section shall preclude the department from pursuing other deficiencies or classes of violations.

D. For purposes of this Section, "supervised automatic fire sprinkler system" means a system that operates in accordance with the latest adopted edition of the National Fire Protection Association, Inc., Life Safety Code.

Acts 2006, No. 824, §1; Acts 2007, No. 328, §1.
La. Rev. Stat. § 40:1572 — LA Code / Code revised-statutes / Title 40 / Section 1572
Separation of witnesses
Status: in_force

In investigations held by or under the direction of the fire marshal or his authorized representative, witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
La. Rev. Stat. § 40:1139.1 — LA Code / Code revised-statutes / Title 40 / Section 1139.1
Legislative findings
Status: in_force

The legislature hereby finds and declares the following:

(1) Emergency medical services constitute an invaluable part of the healthcare delivery system of Louisiana and are an essential element of Louisiana's emergency preparedness system.

(2) Emergency medical services will be a key element in any healthcare reform initiative.

(3) Emergency medical services are a key component of any economic development program as they are essential to recruiting and retaining industry.

(4) The cost of funding the Medicaid program and healthcare for the poor and uninsured in the state must be carefully managed in a manner which recognizes the challenges associated with appropriate reimbursement for services under the program.

(5) Emergency medical service providers want to assure that emergency medical services are available to all residents of Louisiana.

(6) It is in the best interest of the state that there exist sufficient resources to assure the availability of emergency ambulance services to the citizens of Louisiana and the creation of a statewide ambulance service district will help to ensure this goal.

(7) The Louisiana Ambulance Alliance and the Louisiana Department of Health are interested in exploring the use of local revenues to enhance the delivery of emergency ambulance services through the use of certified public expenditures, intergovernmental transfers or other financing mechanisms that are in accordance with the applicable state and federal regulations.

Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.21 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1151.3 — LA Code / Code revised-statutes / Title 40 / Section 1151.3
Revocation of declaration
Status: in_force

A. A declaration may be revoked at any time by the declarant without regard to his or her mental state or competency by any of the following methods:

(1) By being cancelled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the presence of and at the direction of the declarant.

(2)(a) By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.

(b) The attending physician shall record in the patient's medical record the time and date when notification of the written revocation was received.

(3)(a) By an oral or nonverbal expression by the declarant of the intent to revoke the declaration.

(b) Such revocation by any method enumerated in this Section shall become effective upon communication to the attending physician.

(c) The attending physician shall record in the patient's medical records the time and date when notification of the revocation was received.

B. A declaration registered with the secretary of state's office may be revoked by the filing of a written notice of revocation in that office. The secretary of state shall indicate on the declaration the date and time the notice of revocation was received in his office. Until the notation has been indicated on the declaration, any physician or health care facility acting in good faith may rely upon the validity of the declaration.

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 194, §1; Redesignated from R.S. 40:1299.58.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.51 — LA Code / Code revised-statutes / Title 40 / Section 1730.51
Title
Status: in_force

This Part shall be known and may be cited as the "Louisiana Industrialized Building Act".

Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:996.3 — LA Code / Code revised-statutes / Title 40 / Section 996.3
Declaration of a dangerous substance of the Louisiana Department of Health
Status: in_force

A. The secretary may by rule declare that a substance is a dangerous substance. In making a finding that a substance is a dangerous substance, the secretary shall consider the following factors with respect to each substance:

(1) Its actual or relative potential for abuse.

(2) Scientific evidence of its pharmacological effect, if known.

(3) State of current scientific knowledge regarding the substance.

(4) Its history and current pattern of abuse.

(5) Its scope, duration, and level of abuse.

(6) The level of risk to public health.

(7) The likelihood of psychic or physiological dependence.

(8) Whether the substance is an immediate precursor of a substance already controlled by the Uniform Controlled Substances Law.

(9) Whether the substance is an analogue of a substance already controlled by the Uniform Controlled Dangerous Substances Law.

(10) Whether there have been any reported fatalities associated with the substance.

(11) Whether there have been any cases involving the substance reported to the state poison center.

(12) Any other factors or considerations deemed relevant by the secretary.

B. Prior to the adoption of a rule declaring that a substance is a dangerous substance, the secretary shall make all of the following findings and determinations:

(1) The substance has a high potential for abuse.

(2) The substance has no current medical use in treatment in the United States.

(3) There is a lack of accepted safety for use of the substance under medical supervision.

(4) There is an imminent hazard to the health, safety, and welfare of the citizens of Louisiana requiring the substance to be declared a dangerous substance and the issuance of a dangerous substance stop order as authorized by the provisions of this Section.

C. If the secretary has considered the factors provided for in Subsection A of this Section and has made the determinations required by the provisions of Subsection B of this Section, a rule pursuant to the provisions of R.S. 40:996.5 may be adopted declaring the substance a dangerous substance.

D. If the secretary determines that a substance shall be classified as a dangerous substance the rule shall also include a dangerous substance stop order prohibiting the sale, distribution, manufacture, or dispensing of the dangerous substance.

Acts 2012, No. 347, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1251.5 — LA Code / Code revised-statutes / Title 40 / Section 1251.5
Buy-In Program Appropriations
Status: in_force

The provisions of this Part shall not be implemented by the department unless funding and performance standards, including a specified target for enrollment, are included in the General Appropriation Act ;1 enacted during the 2003 Regular Session of the Legislature. If included in that Act, the Medicaid Buy-In Program for Persons with Disabilities shall be implemented by the department no later than January, 2004.

Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.4 by HCR 84 of 2015 R.S.

1 Acts 2003, No.14
La. Rev. Stat. § 40:1484.26 — LA Code / Code revised-statutes / Title 40 / Section 1484.26
Local regulation
Status: in_force

Nothing contained in this Part shall prevent any local governmental subdivision of this state from licensing or regulating any inflatable amusement device, amusement attraction, or amusement ride, carnival, or circus as otherwise provided by law.

Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:31.14 — LA Code / Code revised-statutes / Title 40 / Section 31.14
Authorization of release of immunization records
Status: in_force

A. Notwithstanding any provision of law to the contrary, immunization records for use in an immunization registry shall not be considered privileged communications between a healthcare provider and patient when such records are used in accordance with the provisions of this Part. The Louisiana Department of Health, public health units and their agents, providers, parents or guardians, schools, and early learning centers may obtain information from, or provide information to, the immunization record of a client of any immunization registry without the written consent of a client.

B. A provider, a public health unit, the Louisiana Department of Health, or the agents of any of them, schools, and early learning centers shall not be subject to an action or be liable for sharing information from the immunization record or using information from the immunization tracking and recall record for purposes of tracking immunizations of clients and for outreach to clients who have missed immunizations.

C. Information in an immunization registry or in the immunization tracking and recall record or derived therefrom is confidential and shall not be disclosed to any person who is not specifically authorized to receive information under this Part.

Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.
La. Rev. Stat. § 40:592.6 — LA Code / Code revised-statutes / Title 40 / Section 592.6
Taxes; exemption
Status: in_force

The property of the governing authority acquired or held for the purposes of this Part is declared to be public property and shall be exempt from all taxes of the municipality, the parish, the state, and any political subdivision thereof, except as may otherwise be provided by the Constitution of Louisiana, but such tax exemption shall terminate when the municipality sells, leases, or otherwise disposes of the property to a purchaser, lessee, or transferee which is not a public body and not otherwise entitled to tax exemption.

Acts 1984, No. 571, §1.
La. Rev. Stat. § 40:2601 — LA Code / Code revised-statutes / Title 40 / Section 2601
Definitions
Status: in_force

As used in this Chapter, the following words and phrases shall have the following meanings:

(1) "Interest holder" means a secured party within the meaning of R.S. 10:9-102(a)(72) or the beneficiary of a perfected encumbrance pertaining to an interest in property.

(2) "Owner" means a person, other than an interest holder, who has an interest in property and, if required by law, is in compliance with any statute requiring recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.

(3) "Proceeds" means property derived directly or indirectly from, maintained by, or realized through, an act or omission and includes any benefit, interest or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.

(4) "Property" means anything of value, including movables and immovables, including the whole of any lot or tract of land and corporeal and incorporeal movable property, including currency, instruments, or securities, or any other kind of privilege, claim, or right and includes any interest therein.

(5) "Seizure for forfeiture" means seizure of property by a law enforcement officer designated by the district attorney accompanied by a written assertion by the seizing agency or by a district attorney that the property is seized for forfeiture.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1997, No. 1334, §1; Acts 2001, No. 128, §15, eff. July 1, 2001.
La. Rev. Stat. § 40:2010.3 — LA Code / Code revised-statutes / Title 40 / Section 2010.3
Ombudsman; functions and responsibilities
Status: in_force

A. The ombudsman shall have the following functions and responsibilities:

(1) To visit facilities on a regular basis in order to become acquainted with residents, residents' families, facility administration and facility personnel; to promote community involvement with residents of facilities; to serve as a liaison between residents, residents' families, facility personnel and facility administration.

(2) To encourage residents in self-advocacy when problems are expressed and to make recommendations to the facility administration for the appropriate resolution of the problem.

(3) To promote the development of citizen organizations to participate in the ombudsman program.

(4) To make referrals and recommendations to the Louisiana Department of Health and the Department of Children and Family Services, where such referral is appropriate.

(5) To provide for the training of the ombudsman, including volunteers and other representatives of the ombudsman, in:

(a) Federal, state, and local laws and regulations, and policies with respect to long term care facilities in state.

(b) Investigative techniques.

(c) Such other matters as the office deems appropriate.

(6) To provide reports to the oversight subcommittee of the joint committee on health and welfare as the subcommittee may require.

B. No officer, employee, or other representative of the office of the state long term care ombudsman may investigate any complaint filed with the office unless the individual has received such training as may be required under Paragraph (A)(5) of this Section and has been approved by the long term care ombudsman as qualified to investigate such complaints.

Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.
La. Rev. Stat. § 40:1263.1 — LA Code / Code revised-statutes / Title 40 / Section 1263.1
Definitions
Status: in_force

As used in this Part:

(1) "Office" shall mean the office of the secretary in the Louisiana Department of Health.

(2) "Secretary" shall mean the secretary of the Louisiana Department of Health, or his designated representative.

Acts 1984, No. 849, §1; Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.121 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1151.7 — LA Code / Code revised-statutes / Title 40 / Section 1151.7
Immunity from liability
Status: in_force

A.(1) Any health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or the withdrawal of life-sustaining procedures from a qualified patient who has made a declaration or is wearing a do-not-resuscitate identification bracelet in accordance with the provisions of this Subpart.

(2) Any person, health care facility, physician, or other person acting under the direction of a physician who authorizes the withholding or withdrawal of life-sustaining procedures in accordance with a qualified patient's declaration or do-not-resuscitate identification bracelet, or as otherwise provided in this Subpart shall not be subject to criminal prosecution or civil liability for such action.

B. In instances where a patient diagnosed as having a terminal and irreversible condition or his representative utilized means other than those in accordance with the provisions of this Subpart to document or manifest the patient's intention and desire that medical treatment or life-sustaining procedures be withheld or withdrawn, any health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or withdrawal of life-sustaining procedures when the health care facility, physician, or other person acting under the direction of a physician has acted in good faith reliance on the patient's or his representative's manifestations that medical treatment or life-sustaining procedures be withheld or withdrawn and the continued utilization of life-sustaining procedures would, within reasonable medical judgment, serve only to prolong the dying process.

C.(1) Inasmuch as the provisions of this Subpart are declared by the legislature to provide an alternative nonexclusive means by which life-sustaining procedures may be withheld or withdrawn, the provisions of this Section shall apply to any case in which life-sustaining procedures are withheld or withdrawn unless it is shown by a preponderance of the evidence that the person authorizing or effectuating the withholding or withdrawal of life-sustaining procedures did not, in good faith, comply with the provisions of this Subpart or did not act in good faith compliance with the intention of the terminal and irreversible patient that medical treatment or life-sustaining procedures be withheld or withdrawn.

(2) A declaration made in accordance with this Subpart shall be presumed to have been made voluntarily.

D.(1) A licensed emergency medical services practitioner shall not be subject to criminal prosecution or civil liability for withholding life-sustaining procedures from a qualified patient who is wearing a do-not-resuscitate identification bracelet.

(2) A licensed emergency medical services practitioner shall not be subject to criminal prosecution or civil liability for administering life-sustaining procedures to a qualified patient who is not wearing the do-not-resuscitate identification bracelet.

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1999, No. 641, §1, eff. July 1, 1999; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.58.8 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1061.12 — LA Code / Code revised-statutes / Title 40 / Section 1061.12
Born-Alive Infant Protection Act
Status: in_force

A. An infant at any stage of development who has survived an abortion procedure resulting in his or her live birth shall be given reasonable and immediate medical care as provided in R.S. 40:1061.13(C), whether the abortion was considered legal or illegal under the law at the time that the abortion was performed.

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

Acts 2001, No. 1110, §1, eff. June 28, 2001; Redesignated from R.S. 40:1299.35.3 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:654 — LA Code / Code revised-statutes / Title 40 / Section 654
Food processing plants; foodborne illness reporting and testing requirements
Status: in_force

A. Whenever any person or firm that operates a food processing plant in this state obtains information from testing of samples or specimens of finished foods or finished ingredients which indicates a confirmed positive test result, the person or firm shall report such test results to the department within twenty-four hours of obtaining such information.

B. The state health officer may, based upon a showing of probable cause by the department that the food processing facility is producing food which may be adulterated, as defined in R.S. 40:607 et seq., or is processing food in a manner which may cause an imminent menace to the public health, order the food processing facility to submit samples to a laboratory, specified by the department, for testing at the expense of the food processing facility. The results of such testing shall be furnished to the department.

C. Whenever any person or firm violates the provision of this Section, such person or firm shall be subject to a civil fine of not more than one thousand dollars.

Acts 2009, No. 341, §1, eff. July 6, 2009; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:515 — LA Code / Code revised-statutes / Title 40 / Section 515
Immunity from personal liability of commissioners, officers, employees, and agents
Status: in_force

No representative of a local housing authority shall personally be civilly or criminally liable:

(1) With respect to any matter or act not directly committed or authorized by such person.

(2) For any action, including a direct action or authorization, taken in good faith:

(a) Pursuant to any rule, procedure, or system implemented by an authority to deny access to the authority's developments or property by unauthorized persons, including but not limited to any action to identify any person or to verify such person's authority to be present upon authority property, or to exclude or eject any person determined in good faith to be an unauthorized person.

(b) With respect to disclosure or nondisclosure of information under R.S. 40:526 or any other law pertaining to the confidentiality or disclosure of information or records.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1139.6 — LA Code / Code revised-statutes / Title 40 / Section 1139.6
Powers and duties of the commission
Status: in_force

In addition to its duties defined elsewhere, the commission shall have the duty and authority:

(1) To represent the public interest in facilitating ambulance care in the state.

(2) To pursue grant funds to advance first responder services.

(3) To enter into cooperative agreements with other public and private entities.

(4) To assist ambulance providers in obtaining lowest possible cost for equipment and supplies through group purchasing.

(5) To appoint a director of the ambulance service district and to perform such other duties as may now or hereafter be required by law.

(6) To appoint the necessary standing and special committees which may be necessary to carry out the purposes of this Part.

(7) To establish rates of pay for the use of facilities provided by the district.

(8) To enter into contractual arrangements with recognized and duly constituted ambulance providers which are primarily engaged in the operation of ambulance-related functions in order to enhance Medicaid funding and reimbursement, and for related matters.

(9) To designate a bank to act as agent for depositing funds.

(10) To designate rules and regulations for safekeeping of the funds acquired, collected, or loaned by or to the district, and to provide for regular audits of the accounts of the district.

Acts 2010, No. 887, §1, eff. July 2, 2010; Redesignated from R.S. 40:1236.26 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1912 — LA Code / Code revised-statutes / Title 40 / Section 1912
Repealed by Acts 1972, No. 734, §10.
Status: repealed

Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1352.
La. Rev. Stat. § 40:542 — LA Code / Code revised-statutes / Title 40 / Section 542
Rights and obligations upon transfer, dissolution
Status: in_force

Within a reasonable time subsequent to approval by all necessary parties of a local housing authority's resolution to dissolve, the authority shall transfer its assets and liabilities to the transferee designated in the resolution. Upon the transfer of any of the authority's property, the receiving local housing authority, municipality, parish, or other public agency shall have all right, title, and interest in and to such property and all duties and obligations arising out of the transfer of such property as the transferring authority had. Upon dissolution and transfer, all rights, contracts, agreements, obligations, and property, real and personal, of such transferring authority, shall be in the name of, and vest in, such receiving local housing authority, municipality, parish, or other public agency, and all obligations of such transferring local housing authority shall be the obligations of such receiving local housing authority, municipality, parish or other public agency. All rights and remedies of any person against such transferring local housing authority may be asserted, enforced, and prosecuted against such receiving local housing authority, municipality, parish, or other public agency. All rights and remedies of any person against such transferring local housing authority may be asserted, enforced, and prosecuted against such receiving local housing authority, municipality, parish, or other public agency to the same extent as they might have been asserted, enforced, and prosecuted against such transferring local housing authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1159.3 — LA Code / Code revised-statutes / Title 40 / Section 1159.3
Subpart not applicable to care and treatment of persons with mental illness; exception
Status: in_force

Except as provided in R.S. 40:1159.9, the provisions of this Subpart shall not apply to the care and treatment of persons with mental illness, which subject shall continue to be governed by existing law independently of the terms and provisions of this Subpart.

Added by Acts 1975, No. 798, §1. Amended by Acts 1978, No. 607, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.52 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2862 — LA Code / Code revised-statutes / Title 40 / Section 2862
Short title
Status: in_force

This Chapter shall be known and may be cited as the "Pharmacy Benefit Manager Licensing Law".

Acts 2019, No. 124, §3, eff. July 1, 2020.
La. Rev. Stat. § 40:2018.1 — LA Code / Code revised-statutes / Title 40 / Section 2018.1
Louisiana Commission on HIV and Hepatitis C Education, Prevention, and Treatment
Status: in_force

A. The legislature hereby establishes within the office of public health of the Louisiana Department of Health a commission which shall be designated the "Louisiana Commission on HIV and Hepatitis C Education, Prevention, and Treatment". The commission shall be composed of thirty-three members as provided in Subsection B of this Section.

B.(1) Twenty members shall serve at the governor's pleasure and shall be appointed by the governor as follows:

(a)(i) Two persons living with the human immunodeficiency virus, referred to hereafter in this Section as "HIV", at least one of whom represents a racial or ethnic subpopulation.

(ii) Two persons living with hepatitis C, one of whom is co-infected with HIV and at least one of whom represents a racial or ethnic subpopulation.

(b)(i) One representative from a community-based provider organization which provides services to persons living with HIV, and which represents a racial or ethnic subpopulation.

(ii) One medically qualified representative from a medical provider or community-based provider organization which provides services to persons living with hepatitis C or HIV, and which represents a racial or ethnic subpopulation.

(c) One representative from the Louisiana Primary Care Association.

(d) One representative from the statewide HIV Community Planning Group.

(e) One nurse representative from the Louisiana State Nurses Association who serves patients with HIV or hepatitis C.

(f) One social worker representative from the Louisiana Chapter of the National Association of Social Workers.

(g) Four Ryan White HIV/AIDS Treatment Modernization Act grantees consisting of one Part A grantee, one Part B grantee, one Part C grantee, and one Part D grantee.

(h) Two representatives from the faith-based community.

(i) Three representatives from the Louisiana Department of Health who have knowledge of policies related to HIV and hepatitis C and who work in the office of public health, office of behavioral health, and bureau of health services financing, respectively.

(j) One representative from the office of the governor.

(2) The following members shall serve by virtue of their positions:

(a) The state superintendent of education or his designee.

(b) The secretary of the Department of Public Safety and Corrections or his designee.

(c) The commissioner of insurance or his designee.

(d) The chancellor of the Louisiana State University Health Sciences Center at New Orleans or his designee.

(e) The chancellor of the Louisiana State University Health Sciences Center at Shreveport or his designee.

(f) The dean of the Tulane University School of Medicine or his designee.

(g) The dean of the School of Pharmacy of the University of Louisiana at Monroe or his designee.

(h) The dean of the College of Pharmacy of Xavier University of Louisiana or his designee.

(i) The president of the Louisiana Psychological Association or his designee.

(j) The president of the Louisiana State Medical Society or his designee.

(k) The president of the Louisiana Hospital Association or his designee.

(3) Two members shall be appointed as follows:

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

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

(4) The governor shall strive for diversity in geography, race, sex, and educational background in appointing members to the commission. Each member appointed by the governor shall serve at the pleasure of the governor and shall be subject to Senate confirmation. The legislative members shall serve at the pleasure of the presiding officer of the respective legislative body.

C. The commission, in open session, shall elect from among its members a chairman, who shall serve as chairman without salary.

D. The commission shall hold at least six regular meetings each year at a place designated by the chairman. The commission members shall be compensated for travel in connection with commission meetings and official commission business as approved by the chairman of the commission. Reimbursement for travel expenses shall be in accordance with the travel regulations of the division of administration. All meetings of the commission shall be convened in the state of Louisiana.

E. The functions of the commission shall be to:

(1) Serve as an advisory body to the governor and the Louisiana Department of Health on matters relating to hepatitis C and HIV.

(2) Serve as a coordinating forum on matters relating to hepatitis C and HIV between and among state agencies, local government, and nongovernmental groups.

(3) Research and review all state regulations, guidelines, policies, and procedures relative to prevention, treatment, and care of hepatitis C and HIV infection and, when appropriate, make recommendations to the governor, the secretary of the Louisiana Department of Health, and the legislature.

(4) Provide a forum for an annual public hearing on matters relating to hepatitis C and HIV as well as a mechanism for other public comments and peer reviews on federal and state-funded programs related to hepatitis C and HIV.

F. The commission may request administrative and technical support from the Louisiana Department of Health, office of the secretary, HIV program office, and the office of public health to carry out the commission's functions and responsibilities as provided in this Section.

G. Repealed by Acts 2022, No. 326, §3.

Acts 1991, No. 576, §2; Acts 1993, No. 291, §1, eff. June 2, 1993; Acts 1995, No. 185, §1; Acts 1997, No. 3, §5, eff. July 1, 1997; Acts 1999, No. 811, §1, eff. July 2, 1999; Acts 2003, No. 624, §1; Acts 2005, No. 328, §2; Acts 2006, No. 154, §§1, 2; Acts 2008, No. 379, §1; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2010, No. 143, §1; Acts 2014, No. 192, §1; Acts 2018, No. 177, §2, eff. May 15, 2018; Acts 2018, No. 206, §4; Acts 2022, No. 326, §§2, 3.
La. Rev. Stat. § 40:1259.2 — LA Code / Code revised-statutes / Title 40 / Section 1259.2
Medicaid coverage for perimenopausal and menopausal care
Status: in_force

A. The Louisiana Medicaid program shall cover inpatient and, if deemed appropriate, outpatient coverage for perimenopausal or menopausal treatment or care when such care or treatment is used for a medically accepted indication and administered in any healthcare facility by any healthcare professional appropriately licensed in this state to provide such medical treatment or care in accordance with state and federal guidelines or certifications.

B. Any healthcare facility appropriately providing perimenopausal or menopausal treatment or care in accordance with state and federal guidelines or certifications that participates in the Louisiana Medicaid program shall provide perimenopausal or menopausal treatment or care to an individual who is eligible for such enrollment as defined in Subsection C of this Section.

C.(1) To receive coverage from the Louisiana Medicaid program for perimenopausal or menopausal treatment or care, the eligibility of a prospective enrollee shall be determined by the healthcare facility appropriately providing perimenopausal or menopausal treatment or care in accordance with state and federal guidelines or certifications as provided in Subsection B of this Section.

(2) A prospective enrollee shall be considered eligible for perimenopausal or menopausal treatment or care enrollment if the individual satisfies all of the following qualifications:

(a) The individual is enrolled in the Louisiana Medicaid program.

(b) A licensed healthcare provider has certified that perimenopausal or menopausal treatment or care is medically necessary and appropriate to treat the individual's condition.

(c) The perimenopausal or menopausal treatment or care is administered in any healthcare facility appropriately providing perimenopausal or menopausal treatment or care in accordance with state and federal guidelines or certifications.

D. Pursuant to this Section, the secretary of the Louisiana Department of Health shall do all of the following:

(1) Submit to the Centers for Medicare and Medicaid Services all necessary state plan amendments.

(2) Promulgate all necessary rules and regulations in accordance with the Administrative Procedure Act.

(3) Take any other actions necessary to implement the provisions of this Section.

Acts 2024, No. 784, §2.
La. Rev. Stat. § 40:2009.10 — LA Code / Code revised-statutes / Title 40 / Section 2009.10
Department reports relating to recipients of public assistance
Status: in_force

The department shall promptly report to the office of family security, the licensing status or any change thereof, of any nursing home that has any patrons who are recipients of public assistance.

Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §11; Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1057.2 — LA Code / Code revised-statutes / Title 40 / Section 1057.2
Regulations declaring aerosol products; variations and exemptions; judicial review of determinations
Status: in_force

A. Whenever in the judgment of the secretary such action will promote the objectives of this Chapter by avoiding or resolving uncertainty as to its application, the secretary may by regulation declare such aerosol product to be a hazardous aerosol, for the purposes of this Chapter.

B. If the secretary finds that the requirements of R.S. 40:1057.1(11) or R.S. 40:1057.3(a) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous aerosol, he may by regulation establish such reasonable variations or additional label requirements as he finds necessary for the protection of the public health and safety, and any such hazardous aerosol product intended or packaged in a form suitable for use in the household or by children, which fails to bear a label in accordance with such regulations, shall be deemed to be a misbranded hazardous aerosol.

C. If the secretary finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Part is impracticable or is not necessary for the adequate protection of the public health and safety, the secretary shall promulgate regulations exempting such substance from these requirements to the extent he determines to be consistent with adequate protection of the public health and safety.

D. If the secretary finds that the hazard of an article subject to this Chapter is such that labeling adequate to protect the public health and safety cannot be devised or that the article presents an imminent danger to the public health and safety, the secretary may declare such article to be a banned hazardous aerosol and require its removal from commerce.

Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1211.2 — LA Code / Code revised-statutes / Title 40 / Section 1211.2
Notification of results
Status: in_force

A. Each patient shall be given the opportunity to name a physician to receive the results of any screening mammogram performed without the direction by prescription of a licensed practitioner.

B. The report of results mailed to the patient and to any physician named pursuant to Subsection A of this Section shall clearly state whether the need for any follow-up care is indicated by the mammogram.

Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.182 by HCR 84 of 2015 R.S.; Acts 2015, No. 378, §1, eff. Jan. 1, 2016.

NOTE: See Acts 2015, No. 378, §2(B), which provides that the Act shall be known as the "Monica Landry Helo Early Detection Act".
La. Rev. Stat. § 40:2120.15 — LA Code / Code revised-statutes / Title 40 / Section 2120.15
Application for licensure; fees
Status: in_force

A. An application to operate a nurse staffing agency shall be made to the department on forms provided by the department. A separate license shall be obtained for each location from which a nurse staffing agency is operated unless the nurse staffing agency is owned and managed by the same entity, person, or persons.

B. The application shall contain all of the following information:

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

(2) If the applicant is a corporation, a copy of its articles of incorporation, a copy of its current bylaws, and the names and addresses of its officers, directors, and shareholders owning more than five percent of the corporation's stock.

(3) The names and addresses of the person or persons under whose management or supervision the nurse staffing agency will be operated.

(4) A statement of financial solvency.

(5) A statement detailing the experience and qualifications of the applicant to operate a nurse staffing agency.

(6) Evidence of compliance with the Louisiana Workers' Compensation Law, R.S. 23:1020.1 et seq., with a minimum coverage in the amount of one million dollars.

(7) Evidence of professional liability insurance in an amount sufficient to provide coverage in accordance with the total amount recoverable for all malpractice claims as indicated in R.S. 40:1231.2.

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

C. Any person, partnership, corporation, unincorporated association, or other legal entity operating or planning to operate a nurse staffing agency shall be assessed a nonrefundable fee of twelve hundred dollars, payable to the department, at the time an initial licensing application is made to the department and shall be assessed a nonrefundable fee of twelve hundred dollars biennially thereafter for renewal of the license. Any person, partnership, corporation, unincorporated association, or other legal entity shall be assessed a delinquent fee of one hundred dollars for failure to timely renew its license; the delinquent fee shall be assessed and shall become due and payable to the department at 12:01 a.m. on the first day following the expiration date of the license. These licensing fees are for the initial application and renewal of a license only and are in addition to any other fees that may be assessed according to the laws, rules, regulations, and standards that are applicable to a nurse staffing agency.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:1501.2 — LA Code / Code revised-statutes / Title 40 / Section 1501.2
Fire protection districts; DeSoto Parish; tax collections not to be reduced
Status: in_force

Notwithstanding any other law to the contrary, the entirety of the collection of any tax imposed under authority of R.S. 40:1501, relative to any fire protection district within the parish of DeSoto, shall be made available to the relevant fire protection district, and shall not be reduced by being diverted for any other purpose.

Acts 1990, No. 533, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:1217.9 — LA Code / Code revised-statutes / Title 40 / Section 1217.9
Reimbursement
Status: in_force

A. No applicant or recipient shall be eligible to receive services provided by this Part to the extent that the applicant or recipient, or another person with a legal obligation to support the applicant or recipient, is eligible for some other benefit that would pay for all or part of the service.

B. When an application for services is made, or at any time while a person is eligible for and receiving services, the applicant or recipient, or the person with a legal obligation to support the applicant or recipient, shall inform the medical center of any other benefit to which the applicant or recipient, or the person with a legal obligation to support the applicant or recipient, may be entitled.

C. A recipient who has received services that are covered by some other benefit, or the person with a legal obligation to support that recipient, shall reimburse the medical center to the extent of the cost of services provided when the other benefit is received.

D. The medical center may waive the provisions of Subsection A of this Section in certain individually considered cases when the enforcement of that provision may deny services to a class of end stage renal disease patients because of conflicting state or federal laws or rules.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.89 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1642 — LA Code / Code revised-statutes / Title 40 / Section 1642
Definitions
Status: in_force

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

(1) "Fire protection sprinkler system" means a system of overhead piping designed in accordance with fire protection engineering standards. The system must be supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir or pressure tank, or connection by underground piping to a city main or any combination of these. The portion of the sprinkler system above ground is considered the fire protection sprinkler system for purposes of this Subpart and is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler system, dry-pipe systems, preaction systems, deluge systems, combined dry-pipe and preaction systems, antifreeze systems, and circulating closed loop systems, have meanings as defined and continuously revised in National Fire Protection Association Pamphlet 13, entitled Standard for the Installation of Sprinkler Systems.

(2) "Existing high rise buildings" means any building having floor surfaces used for human occupation located more than seventy-five feet above the lowest level of fire department vehicle access constructed before January 1, 1975.

(3) "Master plan" means a specific scheme or plan detailing the number of floors, total square footage, present occupancy and a proposed completion date of each phase and completion date of total compliance with the requirement of this Subpart.

Acts 1988, No. 422, §2.
La. Rev. Stat. § 40:482 — LA Code / Code revised-statutes / Title 40 / Section 482
Limitations on housing authority powers; not-for-profit operation
Status: in_force

The operation of housing developments and the other activities permitted to be undertaken by a local housing authority under this Chapter and all income, fees, or revenues derived or generated therefrom and belonging to such local housing authority are for public use and purposes, are not used or held for profit and are governmental functions of state concern. No income, fees, and revenues received by a local housing authority, from whatever source, shall be used as a source of revenue for any municipality or parish establishing said local housing authority or for any other public agency, nor shall any net income, fees, or net revenues be considered profit, but all of the same shall be utilized in the furtherance of the maintenance and enhancement of an adequate supply of decent, safe, and sanitary housing that is affordable to persons of eligible income and for other purposes contemplated by this Chapter.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2017.9 — LA Code / Code revised-statutes / Title 40 / Section 2017.9
Medicare; use of information obtained; penalty
Status: in_force

All files, records, reports, or other papers, or any information obtained at any time by the Louisiana Department of Health in the course of discharging its duties under any agreement with the United States of America through the Department of Health, Education and Welfare or its successor pertaining to Public Law 80-97, popularly known as the Medicare Act, shall be used solely for the purposes of such agreement; and it shall be unlawful, except for said purposes, for any person to solicit, disclose, receive or make use of or to authorize or knowingly permit, participate in or acquiesce in the use of any information obtained by the Louisiana Department of Health pursuant to, or as a result of, any agreement with the United States of America as aforementioned. Nothing herein contained shall limit the use of records, reports, charts, documents or other papers or information as governed by R.S. 40:2013.3, 2014.1, or 2016 or R.S. 44:7.

Added by Acts 1966, No. 168, §1. Amended by Acts 1977, No. 680, §54; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1157.3 — LA Code / Code revised-statutes / Title 40 / Section 1157.3
Exception to obtaining informed consent; human immunodeficiency virus or other infectious agents
Status: in_force

A. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary, whenever an agent or employee of a hospital, or a physician having privileges at the hospital, has been exposed to the blood or bodily fluids of a patient in such a manner as to create any risk that the agent, employee, or physician may become infected with the human immunodeficiency virus or other infectious agent if the patient is infected with the human immunodeficiency virus or other infectious agent, in accordance with the infectious disease exposure guidelines of the United States Centers for Disease Control and Prevention, or the infectious disease exposure standards of the healthcare facility where the exposure occurred, then the hospital shall, without the consent of the patient, conduct such tests on blood previously drawn or bodily fluids previously collected as are necessary to determine whether the patient is, in fact, infected with the virus or other agent believed to cause acquired immune deficiency syndrome or other infectious disease. If no previously drawn blood or collected bodily fluids are available or are suitable, the hospital shall order, without the consent of the patient, that blood, bodily fluids, or both be drawn and collected from the patient to conduct the necessary tests.

B. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary, whenever it is determined by the infectious disease control officer of any law enforcement, fire service, or emergency medical service agency or organization that an agent or employee of the agency or organization has been exposed to the blood or bodily fluids of a patient in the course and scope of his duties and in such a manner as to create any risk that the agent or employee may become infected with the human immunodeficiency virus or other infectious agent if the patient is infected with the human immunodeficiency virus or other infectious agent, in accordance with the infectious disease exposure guidelines of the United States Centers for Disease Control and Prevention, or the infectious disease exposure standards of the agency or organization, then the infectious disease control officer of the agency or organization shall request that the hospital, while the patient is in such hospital and without the consent of the patient, conduct a human immunodeficiency virus test approved by the United States Food and Drug Administration that can yield test results within no more than five hours of administering the test.

C. The results of the test shall not become a part of the patient's medical record and shall be confidential, except that the hospital shall inform the exposed employee, agent, or physician, or the infectious disease control officer of the law enforcement, fire service, or emergency medical service agency of the results of the test within one hour of receipt of the results.

D. In the event that the test is performed, and the results of the test are positive, the hospital shall inform the patient of the results and shall provide such follow-up testing and counseling as may be required according to the accepted standard of medical care.

E. The patient shall not be charged for any tests performed under this Section.

F. The law enforcement, fire service, or emergency medical service agency or organization shall ensure that an exposed employee or agent receives medically appropriate human immunodeficiency postexposure prophylaxis regimens, follow-up testing, and appropriate counseling.

Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.39.7 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2018, No. 702, §1.
La. Rev. Stat. § 40:966.1 — LA Code / Code revised-statutes / Title 40 / Section 966.1
Unlawful possession, production, or distribution of kratom
Status: in_force

A. For purposes of this Section, "kratom" means any substance derived from the leaves of the Mitragyna speciosa tree or any substance containing 7-hydroxymitragynine or mitragynine.

B.(1) Manufacture; distribution. It shall be unlawful for any person to knowingly produce, manufacture, distribute, or dispense, or possess with intent to produce, manufacture, distribute, or dispense, kratom.

(2) Any person who violates Paragraph (1) of this Subsection for an amount of:

(a) An aggregate weight of less than five hundred grams, shall be fined not more than fifty thousand dollars, imprisoned, with or without hard labor, for not less than one year nor more than three years, or both.

(b) An aggregate weight of five hundred grams or more, shall be fined not more than fifty thousand dollars, imprisoned, with or without hard labor, for not less than one year nor more than five years, or both.

C. Possession. It is unlawful for any person knowingly or intentionally to possess kratom. Any person who violates this Subsection shall be punished as follows:

(1) On a conviction wherein the offender possesses twenty grams or less, the offender shall be fined not more than one hundred dollars.

(2) On a first conviction, wherein the offender possesses more than twenty grams, the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than six months, or both.

(3) On a second or any subsequent conviction, wherein the offender possesses more than twenty grams, the offender shall be fined not more than one thousand dollars, imprisoned in the parish jail for not more than six months, or both.

Acts 2025, No. 41, §1.
La. Rev. Stat. § 40:610 — LA Code / Code revised-statutes / Title 40 / Section 610
Definitions and standards for food
Status: in_force

The department may promulgate regulations fixing and establishing for any food a definition and standard of identity and a reasonable standard of quality or fill of container. However, no standard of quality shall be established for fresh fruit and fresh vegetables and no standard of identity for fresh apples and fresh pears. In any regulation pertaining to fill of container the department shall give due consideration to the natural shrinkage in storage and in transit of fresh natural food and to the need for the necessary packing and protective material.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:600.100 — LA Code / Code revised-statutes / Title 40 / Section 600.100
Exemption from taxes
Status: in_force

A. It is hereby determined that the creation of the corporation and the carrying out of its public functions and corporate purposes is, in all respects, a public and governmental purpose for the benefit of the people of the state, and for the improvement of their health, safety, welfare, comfort, and security and that the functions and purposes are public purposes and that the corporation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Chapter.

B. The money, assets, revenues, and operations of the corporation shall be exempt from all taxation by the state or any of its political subdivisions.

C. The corporation shall not be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf.

D. All bonds authorized to be issued by the corporation pursuant to the provisions of this Chapter, together with interest thereon, income therefrom, and gain upon the sale thereof shall be exempt from all state and local taxes.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1061.2 — LA Code / Code revised-statutes / Title 40 / Section 1061.2
Discrimination against certain persons; prohibition
Status: in_force

A. No physician, nurse, student or other person or corporation shall be held civilly or criminally liable, discriminated against, dismissed, demoted, or in any way prejudiced or damaged because of his refusal for any reason to recommend, counsel, perform, assist with or accommodate an abortion.

B. No worker or employee in any social service agency, whether public or private, shall be held civilly or criminally liable, discriminated against, dismissed, demoted, in any way prejudiced or damaged, or pressured in any way for refusal to take part in, recommend or counsel an abortion for any woman.

Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.31 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2268.4 — LA Code / Code revised-statutes / Title 40 / Section 2268.4
Revenues; fees and costs of court
Status: in_force

A.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or municipal ordinances in any city, parish, municipal, or district court of the state sitting within a member parish, the court shall assess, in addition to and separate from other costs, against every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, or who forfeits his bond, a fee in accordance with the following schedule:

(a) The court shall, upon the conviction of the defendant for violation of the Uniform Controlled Dangerous Substances Law, assess against the defendant a fee of not less than one hundred nor more than five hundred dollars as reimbursement to the commission if laboratory personnel performed a scientific test of any evidence seized pursuant to the investigation or prosecution of the violation. The commission may establish a schedule stating the estimated cost of performing the test which may be used by the court in determining the amount of the fees.

(b) Crimes defined in Title 14 of the Louisiana Revised Statutes of 1950-five dollars.

(2) The fees provided for in Paragraph (1) hereof shall form no part of the criminal court fund of any court; however, upon written request by official action of the governing authority of any member parish or municipality thereof, the fees may be collected out of each fine imposed in lieu of being added as a fee or additional costs in that court.

(3) The fees provided for in Paragraph (1) hereof shall be collected by the respective city marshals, constables, or sheriffs and shall be remitted to the commission by the fifteenth day of the month following the month in which they are collected.

(4) The commission shall use the revenue received from such fees for all necessary expenses of the commission and of the laboratory, and for branch or satellite laboratories, including operating expenses, funds reserved for depreciation, capital expenses, and costs of constructing and maintaining buildings. The commission shall prepare an annual budget which shall be approved by a majority of the governing authorities of the member parishes. If revenues from the fees collected are not sufficient to pay the costs incurred as approved by the governing authorities in the budget, each such authority may pay from its general fund its pro rata share of the amount necessary to eliminate the deficit, based upon the ratio which the assessed valuation of property in the parish bears to the total assessed valuations of property in all of the member parishes.

(5) The revenues and fees received by the commission shall not be construed to be revenues of Nicholls State University.

B. The sheriff of each parish within the area served by the commission may make a direct contribution from time to time to the commission from his salary fund in order to assist in alleviating any deficit that may be existing in the operating funds of the commission.

Acts 1988, No. 82, §1, eff. June 23, 1988.
La. Rev. Stat. § 40:2162.5 — LA Code / Code revised-statutes / Title 40 / Section 2162.5
Rules and regulations; licensing standards
Status: in_force

A. The department shall adopt rules, regulations, and licensing standards in accordance with the Administrative Procedure Act to provide for the licensure of community-based care facilities; to provide for the safe operation and maintenance of those facilities; and to provide for the health, safety, and welfare of clients.

B. The rules, regulations, and licensing standards required by this Section shall include, without limitation, all of the following:

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

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

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

(5) Confidentiality of client records.

(6) Initial and annual renewal of license.

(7) Financial viability requirements and requirements for verification and continuous maintenance of financial viability.

(8) Denial, revocation, suspension, and nonrenewal of licenses and procedures for appeals of such decisions.

(9) Facility construction and design.

(10) Other regulations or standards to ensure proper care and treatment of clients.

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:1667.4 — LA Code / Code revised-statutes / Title 40 / Section 1667.4
Salary reductions; void; police
Status: in_force

Any reduction of the salary of any individual, which salary 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 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 sources.

Acts 1956, No. 323, §5. Amended by Acts 1959, No. 49, §2; Acts 1966, No. 484, §1; Acts 1979, No. 131, §1. Redesignated from R.S. 33:2218.5. See Acts 2014, No. 158, §§3 and 7; Acts 2022, No. 637, §1.
La. Rev. Stat. § 40:2254.6 — LA Code / Code revised-statutes / Title 40 / Section 2254.6
Revocation of certificate by department
Status: in_force

A. The department shall revoke a certificate previously granted by the department if it determines that the cooperative agreement is not resulting in lower health care costs or greater access to or quality of health care than would occur in absence of the agreement.

B. A certificate may not be revoked by the department without giving notice and an opportunity for a hearing before the department as follows:

(1) Written notice of the proposed revocation must be given to the parties to the agreement for which the certificate was issued at least one hundred twenty days before the effective date of the proposed revocation.

(2) A hearing shall be provided prior to revocation if a party to the agreement submits a written request for a hearing to the department within thirty calendar days after notice is mailed to the party under Paragraph (1) of this Subsection.

(3) Within thirty calendar days after receipt of the request for a hearing, the department shall hold a public hearing to determine whether or not to revoke the certificate.

C. The department shall make its final decision and serve the parties with written findings of fact and conclusions of law in support of its decision within thirty days after the conclusion of the hearing or, if no hearing is requested, within thirty days of the date of expiration of the time to request a hearing.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:2265 — LA Code / Code revised-statutes / Title 40 / Section 2265
Commission as body politic; powers
Status: in_force

A. The North Louisiana Criminalistics Laboratory Commission is created as a body politic with the right to sue and be sued, to acquire any and all property necessary for its maintenance and operation by all lawful means, to incur debt in anticipation of its revenues, to accept gifts and donations, to establish rules and regulations for the conduct of its affairs, to employ necessary personnel, to require bond for the handling of its funds in an amount to be determined by it; provided that employees of said commission, as a condition of employment, shall become members of the Parochial Employees Retirement System of Louisiana according to laws relative thereto; and provided further, that title to fixtures, equipment, assets, or other property of any kind which have been provided by any coroner, law enforcement agency, or by the governing authority of any city, town, or parish for the initial establishment of the Northwest Louisiana Criminalistics Laboratory, shall remain in such coroner, law enforcement agency, or governing authority of any city, town, or parish.

B. The North Louisiana Criminalistics Laboratory Commission shall have the authority to establish and maintain branch or "satellite" laboratories at any location in the area served by the commission. The work performed by and the reports of such satellite laboratories established by the predecessor commission (Northwest Louisiana Criminalistics Laboratory Commission) or hereafter established shall have the same validity and authority accorded to the laboratory at the commission domicile.

Acts 1981, No. 168, §1.
La. Rev. Stat. § 40:1081.3 — LA Code / Code revised-statutes / Title 40 / Section 1081.3
Cooperation with the Louisiana Department of Health
Status: in_force

The various boards, commissions, departments and agencies of the state and of the parishes, municipalities and other political subdivisions capable of assisting or having services and facilities for assisting the Louisiana Department of Health in carrying out any program established under the authority of this Subpart may cooperate with the Louisiana Department of Health and may furnish any such services and facilities in aid of any such program.

Acts 1964, No. 269, §3. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1573.1 — LA Code / Code revised-statutes / Title 40 / Section 1573.1
Historic buildings renovation initiative
Status: in_force

A. In order to encourage historic preservation and the preservation of Louisiana's architectural heritage, when applying the requirements of the adopted fire, life safety, or accessibility regulations and when implementing the applicable provisions of R.S. 40:1574, the state fire marshal shall have the authority to take into consideration the impact of these requirements on the historic integrity of existing facilities.

B. Where it is determined by the state fire marshal that public safety is not jeopardized and a minimum acceptable level of safety is achieved, the state fire marshal shall have the authority to consider alternatives to the specific requirements of the adopted laws, codes, rules, and regulations.

Acts 1997, No. 961, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:1730.32 — LA Code / Code revised-statutes / Title 40 / Section 1730.32
Imposition of fees
Status: in_force

Nothing in this Part shall prohibit the governing authority of a parish or municipality from imposing fees necessary to implement and continue the provisions required by this Part as provided by law.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
La. Rev. Stat. § 40:1105.13 — LA Code / Code revised-statutes / Title 40 / Section 1105.13
Breast Cancer Control Program
Status: in_force

A. The Women's Health Program, office of public health, Louisiana Department of Health, shall provide a statewide Breast Cancer Control Program of preventive, health, and medical care that concentrates on breast cancer detection, prevention, and treatment. The purpose of this program is to supplement and maximize current resources and to expand and increase the services presently offered. This program shall provide mammography examinations and shall provide services and education necessary to prevent or reduce the occurrence of breast cancer and increase the statewide mammography utilization rate, subject to available funding derived from any available source.

B.(1) In this Section, "mammography examination" means mammographic examinations, including but not limited to digital breast tomosynthesis, performed routinely according to age requirements as set forth by department regulations, or performed no less frequently than required by a treating physician.

(2) In this Section, "digital breast tomosynthesis" means a radiologic procedure that involves the acquisition of projection images over the stationary breast to produce cross-sectional digital three-dimensional images of the breast.

C. To implement the provisions of this Section, there shall be a breast cancer control agent in each of the Louisiana Department of Health regions, and all agents shall provide individual annual reports to the Louisiana Cancer Advisory Board. The breast cancer control agents will be responsible for increasing the statewide mammography utilization rate by launching a statewide initiative and community outreach program to educate the public about the benefits of early detection and treatment of breast cancer. The breast cancer control agents shall seek additional sources of funding, both public and private, including federal grants made available to states through 42 U.S.C. 300(k) et seq.

D. All health care facilities providing mammography examinations under this program shall be certified in accordance with 42 U.S.C. 263(b).

E. The department shall adopt all regulations necessary to implement the provisions of this Section.

F. The Breast Cancer Control Program established by this Section shall be funded through the Health Excellence Fund created by Article VII, Section 10.8(A)(2) of the Constitution of Louisiana and the Louisiana Fund created by Article VII, Section 10.9(A) of the Constitution of Louisiana, both of which allow appropriations for the provision of comprehensive chronic disease management services.

Acts 2000, 1st Ex. Sess., No. 131, §1; Redesignated from R.S. 40:1299.90.2 by HCR 84 of 2015 R.S; Acts 2018, No. 494, §2, eff. January 1, 2019; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:2113.2 — LA Code / Code revised-statutes / Title 40 / Section 2113.2
Rules, regulations, and contracts
Status: in_force

The Louisiana Department of Health shall prescribe rules and regulations to govern the necessary contracts, agreements, and financial arrangements to properly conduct training and research programs. Such rules and regulations shall govern contracts and agreements with colleges and universities, both publicly and privately owned, within the state for the purpose of promoting research and training in relation to illnesses of all types. All rules, regulations, and contracts adopted under the former authority of R.S. 46:663.2 are continued in effect and made subject to the provisions herein enacted.

Added by Acts 1964, No. 170, §8. Amended by Acts 1977, No. 680, §62; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:851 — LA Code / Code revised-statutes / Title 40 / Section 851
Contents of self-rising flour
Status: in_force

Self-rising flour is a combination of flour, salt, and chemical leavening ingredients. The flour shall be of the grade of "straight" or better and the chemical leavening ingredients shall be bicarbonate of soda and either calcium acid, phosphate, sodium, aluminum sulphate, cream of tartar, tartaric acid, or a combination of these.
La. Rev. Stat. § 40:1510 — LA Code / Code revised-statutes / Title 40 / Section 1510
Expenditure of public funds for awards, recognition, and meals
Status: in_force

A. Notwithstanding any provision of law to the contrary, a fire protection district, municipal fire department, or volunteer fire department may expend public funds in connection with the following activities:

(1) The purchase of a plaque, trophy, certificate, medal, or similar memento to acknowledge outstanding achievement or valiant act of personnel not to exceed one hundred dollars.

(2) Meals, snacks, or refreshments for firefighters involved in fire department related meetings, workshops, training programs, or performing of emergency services not to exceed twenty-five dollars per person.

(3) The implementation and execution of a length of service awards program. For the purposes of this Paragraph, a length of service awards program means a program established by the fire protection district, municipal fire department, or volunteer fire department that provides a monetary benefit, based upon service, to eligible firefighters as determined by the fire protection district, municipal fire department, or volunteer fire department. The length of service awards program shall not be considered a vested right nor entitle the recipient to any other benefit not directly related to the program's monetary benefit. The length of service award shall not be considered permanent and may be discontinued at any time.

B. The provisions of this Section shall not be construed to prohibit or restrict the use of public funds to pay or defray the reasonable expenses of travel and lodging required for attendance at any conference or convention for the purpose of educating or training fire department personnel with regard to their public duties and responsibilities.

Acts 2012, No. 349, §1; Acts 2013, No. 262, §1; Acts 2024, No. 238, §1.
La. Rev. Stat. § 40:1281.24 — LA Code / Code revised-statutes / Title 40 / Section 1281.24
Approval of individual sewage treatment and disposal systems
Status: in_force

No parish, municipality, or planning commission shall enact a sewerage permit ordinance or similar regulation authorizing the installation of individual sewage treatment and disposal systems without written approval by the office of public health of the Louisiana Department of Health.

Acts 1985, No. 569, §2, eff. July 12, 1985; Acts 1999, No. 289, §4; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1155 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1189.1 — LA Code / Code revised-statutes / Title 40 / Section 1189.1
Short title
Status: in_force

This Part may be cited as the "Rural Hospital Preservation Act".

Acts 1997, No. 1485, §1; Redesignated from R.S. 40:1300.141 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2117.5 — LA Code / Code revised-statutes / Title 40 / Section 2117.5
Denial, nonrenewal, or revocation of license; grounds; notification; appeal
Status: in_force

A. An application for a license or for a renewal thereof may be denied, or a license or provisional license may be revoked, for any of the following reasons:

(1) Violation of any provision of this Part or of the minimum standards, rules, or regulations promulgated thereunder by the department.

(2) Conviction or entry of a plea of nolo contendere of the applicant for a felony. If the applicant is an agency, the head of that agency must be free of such conviction. If a subordinate employee is so convicted, the matter must be handled administratively to the satisfaction of the department.

(3) Documented information of past or present conduct or practices of facility personnel which are detrimental to the welfare of the facility's patients, including but not limited to illegal activities, coercion, or falsification of records.

(4) Cruelty or indifference to the welfare of the facility's patients.

(5) Misappropriation or conversion of the property of the facility's patients.

(6) Permitting, aiding, or abetting the unlawful, illicit, or unauthorized use, sale, or distribution of drugs or alcohol on or near the premises of the facility.

B. The department shall furnish an applicant or licensee with written notification of any action taken pursuant to Subsection A of this Section and of the reasons for which the action was taken.

C. An applicant or licensee aggrieved by any action taken by the department pursuant to Subsection A of this Section may appeal such action suspensively by sending a written request for a hearing to the secretary of the department. The request for a hearing shall be received by the secretary within fifteen days exclusive of legal holidays after the applicant or licensee receives the written notice of the department's action and shall specify in detail the reasons for the request. If the department determines that the health or safety of the patients served at the facility is in jeopardy, a license may be revoked immediately with appeal rights granted after the facility ceases operation and the patients are removed from the facility.

D. The administrative appeal hearing shall be conducted in accordance with the Administrative Procedure Act.

Acts 1999, No. 650, §1, eff. July 1, 1999; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1103.4 — LA Code / Code revised-statutes / Title 40 / Section 1103.4
Requirement of notification; recordation
Status: in_force

A. On and after July 1, 2000, a treating physician or surgeon shall inform his patient diagnosed with any form of breast cancer of the alternative efficacious methods of treatment by discussing such alternative methods of treatment with his patient and by providing his patient with the summary as provided in this Part. If the treating physician or surgeon informs his patient of the alternative methods of treatment and provides his patient with the summary prior to the performance of a biopsy to determine whether or not his patient has breast cancer, the requirement to inform and to provide the summary to a patient diagnosed with breast cancer shall be deemed to have been met.

B. On and after July 1, 2000, the failure of a physician or surgeon to discuss such alternative methods of treatment with his patient or to provide the summary to his patient prior to beginning treatment for any form of breast cancer shall be considered unprofessional conduct and cause for the board to take action as provided by R.S. 37:1285.

C. The treating physician or surgeon shall indicate on his patient's medical chart the date and time that he has discussed alternative methods of treatment with his patient and has given his patient the summary as required by this Section.

Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.154 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2166.3 — LA Code / Code revised-statutes / Title 40 / Section 2166.3
Definitions
Status: in_force

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

(1) "Adult residential care home" means a publicly or privately operated residence that provides personal assistance, lodging, and meals for compensation to two or more adults who are unrelated to the residence licensee, operator, or administrator.

(2) "Adult residential care provider" means a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group which provides adult residential care for compensation to two or more adults who are unrelated to the licensee or operator. Adult residential care may include but is not limited to the following services: lodging, meals, medication administration, intermittent nursing services, assistance with self administration of medications, assistance with personal hygiene, assistance with transfers and ambulation, assistance with dressing, housekeeping, and laundry. There shall be four modules of adult residential care providers as described in R.S. 40:2166.5(B)(11). The department shall promulgate rules and regulations for each module, governing the scope of services to be provided thereunder.

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

(4) "Financial viability" means the provider or facility seeking licensure is able to provide at least one of the following:

(a) Verification of sufficient assets equal to one hundred thousand dollars or the cost of three months of operation, whichever is less.

(b) A letter of credit equal to one hundred thousand dollars or the cost of three months of operation, whichever is less.

(5) "License" means a license issued by the department to an adult residential care provider.

Acts 2006, No. 433, §1, eff. June 15, 2006; Acts 2009, No. 381, §2, eff. July 1, 2010.
La. Rev. Stat. § 40:394 — LA Code / Code revised-statutes / Title 40 / Section 394
Adoption of a legal name
Status: in_force

Each local housing authority established pursuant to this Chapter, within or together with the resolution required under R.S. 40:393, shall adopt a name for all legal and operating purposes. The name so adopted shall include a reference to the geographic locus of the authority and such other name or identifier as the governing body establishing the authority shall determine. A local housing authority established under prior law may adopt a name consistent with the foregoing requirements by resolution adopted by at least two-thirds of such authority's entire board of commissioners and approved by the governing body of the municipality or parish which established such authority.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1221.1 — LA Code / Code revised-statutes / Title 40 / Section 1221.1
Remote patient monitoring; medical assistance program
Status: in_force

A. Remote patient monitoring services as provided for in the Louisiana Remote Patient Monitoring Program Law, R.S. 40:1227.1 et seq., shall be a covered service in the medical assistance program.

B. A one-time telehealth installation and training reimbursement to the telehealth provider from Medicaid for remote patient monitoring services may also be reimbursed at a maximum of two installation and training reimbursements per calendar year.

C. No geographic restrictions shall be placed on the delivery of remote patient monitoring services in the home setting other than requiring that the patient reside within this state.

D. For the purposes of this Section, "medical assistance program" means the medical assistance program provided for in Title XIX of the Social Security Act as administered by the Louisiana Department of Health.

E. The Louisiana Department of Health shall promulgate rules and regulations as are necessary for the implementation of the "Louisiana Remote Patient Monitoring Program Law", and the provisions of this Part shall be applicable only upon either a specific appropriation or funds made available by the Louisiana Department of Health for the implementation of the "Louisiana Remote Patient Monitoring Program Law".

Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:1744 — LA Code / Code revised-statutes / Title 40 / Section 1744
Compliance with ADA
Status: in_force

Nothing in this Part shall be construed to relieve any person of his responsibility to comply with the ADA.

Added by Acts 1977, No. 625, §1. Acts 1995, No. 880, §1.
La. Rev. Stat. § 40:571 — LA Code / Code revised-statutes / Title 40 / Section 571
Finding and declaration of necessity
Status: in_force

It has been found and declared in the Housing Authorities Law that there generally exist in urban and rural sections throughout the state, slum or blighted areas, unsafe or insanitary dwelling accommodations and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; and that the public interest requires the remedying of these conditions. It is hereby found and declared that the assistance herein provided for the remedying of the conditions set forth in the Housing Authorities Law constitutes a public use and purpose and an essential governmental function for which public monies may be spent and other aid given; that it is a proper public purpose for any state public body to aid any housing authority operating within its boundaries or jurisdiction, or any housing development or redevelopment project located therein; as the state public body derives immediate benefits and advantages from such an authority development or project; and that the provisions hereinafter enacted are necessary and in the public interest.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2175.3 — LA Code / Code revised-statutes / Title 40 / Section 2175.3
Definitions
Status: in_force

A. Except as provided in Subsection B of this Section, the terms used in this Part, unless a different meaning clearly appears in the context, whether singular or plural, have the same meaning as the definitions provided in R.S. 14:87.8.

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

(1) "Abortion facility professional" or "outpatient abortion facility professional" means an individual who is a physician, surgeon, resident, intern, licensed nurse, nursing aide, emergency medical technician, or a paramedic who diagnoses, examines, or treats a female patient at an outpatient abortion facility.

(2) "Abortion facility staff member" or "outpatient abortion facility staff member" means an individual who is not an abortion facility professional but who is employed by or contracts with an outpatient abortion facility to provide services and who has any contact with patients at the facility.

(3) "First trimester" means the time period up to fourteen weeks after the first day of the last menstrual period.

(4) "Licensee" means the person, partnership, corporation, association, organization, or professional entity on whom rests the ultimate responsibility and authority for the conduct of the outpatient abortion facility.

(5) "Licensing agency" means the Louisiana Department of Health.

(6) "Mandatory reporter to law enforcement" means any abortion facility staff member or any abortion facility professional.

(7) "Outpatient abortion facility" means any outpatient facility, other than a hospital as defined in R.S. 40:2102 or an ambulatory surgical center as defined in R.S. 40:2133, in which any second trimester or five or more first trimester abortions per calendar year are performed.

(8) "Second trimester" means the time period from fourteen to twenty-three weeks after the first day of the last menstrual period.

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

Acts 2001, No. 391, §1; Acts 2014, No. 620, §1, eff. Sept. 1, 2014; Acts 2019, No. 280, §3; Acts 2019, No. 376, §1; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:600.107 — LA Code / Code revised-statutes / Title 40 / Section 600.107
State appropriations or grants
Status: in_force

The state may make grants or appropriations of money or property to the corporation for the purpose of enabling it to carry out its public functions and corporate purposes.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1251.4 — LA Code / Code revised-statutes / Title 40 / Section 1251.4
Definitions
Status: in_force

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

(1) "Medicaid Buy-In Program" means the Louisiana Medicaid Optional program to provide the opportunity for working persons with disabilities to buy access to needed health care and support services.

(2) "Persons with disabilities" means those citizens of Louisiana who meet the Social Security Disability criteria.

Acts 2003, No. 207, §1; Redesignated from R.S. 40:1299.78.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:609 — LA Code / Code revised-statutes / Title 40 / Section 609
Exemption from labeling requirements
Status: in_force

The department may promulgate regulations exempting from any labeling requirement of this Part small open containers of fresh fruits and fresh vegetables and also food which is, in accordance with the practice of the trade, processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that the food is in conformity with the provisions of this Part upon removal from the processing, labeling, or repacking establishment.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1496.7 — LA Code / Code revised-statutes / Title 40 / Section 1496.7
Caddo Parish Fire District Number Two
Status: in_force

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

Acts 1983, No. 69, §1.
La. Rev. Stat. § 40:1300.21 — LA Code / Code revised-statutes / Title 40 / Section 1300.21
Furnishing and maintaining of resuscitators; penalties
Status: in_force

A. At each publicly supervised swimming place there shall be located at least one resuscitator in adequate operating condition furnished and maintained by the governing authority which operates or supervises the swimming place. Such governing authority shall furnish resuscitators of the dual model type designed to work on two persons at the same time, together with at least four cylinders of oxygen and at least two adult masks and two infant masks for each such dual model. At each such swimming place such governing authority shall provide at least one lifeguard thoroughly trained in the operation of such resuscitators and such lifeguard shall be responsible for the maintenance thereof.

B. Whoever violates the provisions of this Section shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Acts 1960, No. 578, §1; Redesignated from R.S. 40:1298 by HCR 84 of 2015 RS; Acts 2018, No. 206, §4.

NOTE: Former R.S. 40:1300.21 redesignated as R.S. 40:1201.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2200.7.1 — LA Code / Code revised-statutes / Title 40 / Section 2200.7.1
Legislative intent
Status: in_force

A. The legislature hereby finds and declares that:

(1) It is the intent of the legislature that existing health programs and services educate healthcare professionals on the importance of early detection and timely diagnosis of cognitive impairment and dementia.

(2) It is in the public interest to provide information to increase understanding and awareness of Alzheimer's disease and other dementia diseases.

(3) It is the public policy of this state that healthcare providers in Louisiana have access to guidance and education outreach programs regarding Alzheimer's disease and other dementia diseases.

Acts 2021, No. 73, §1.
La. Rev. Stat. § 40:1291.2 — LA Code / Code revised-statutes / Title 40 / Section 1291.2
Purpose
Status: in_force

The legislature finds and determines that it is in the best interest of the people of this state to protect nonsmokers from involuntary exposure to secondhand smoke. The legislature further finds and determines that a balance should be struck between the health concerns of nonconsumers of tobacco products and the need to minimize unwarranted governmental intrusion into and regulation of private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the legislature hereby declares that the purpose of this Part is to preserve and improve the health, comfort, and environment of the people of this state by limiting exposure to tobacco smoke.

Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1300.252 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2267 — LA Code / Code revised-statutes / Title 40 / Section 2267
Acadiana Criminalistics Laboratory District; creation; composition; powers; ad valorem tax
Status: in_force

A. The Acadiana Criminalistics Laboratory District, hereinafter referred to in this Section as the "district", is hereby created. The district shall be a political subdivision. The boundaries of the district shall be coterminous with the boundaries of the parishes of Acadia, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, St. Mary, and Vermilion.

B. The district is established for the operation of the Acadiana Criminalistics Laboratory for the purpose of crime detection, prevention, investigation, and other related activities in connection with criminal investigation.

C. The district shall be governed by the Acadiana Criminalistics Laboratory Commission, as created by this Chapter, hereinafter referred to in this Section as the "commission".

D. The commission, through its membership, shall have the power to impose and levy an ad valorem tax on the assessed value of all property appearing on the tax rolls of the parishes when approved by a majority of the electors of the parishes voting thereon in an election held for that purpose.

E.(1) The election provided for in Subsection D of this Section shall be called by the commission.

(2) Any costs of the election shall be financed by the commission to be paid with funds generated from the tax imposed; in each parish within the district, the sheriff through his general fund, the district attorney through any funds available to him including those funds provided pursuant to the Criminal Court Fund provided for in R.S. 15:571.11, and the president of the governing authority of the parish through his general fund may defray all or part of the costs of the election.

(3) The commission may choose to call the election at the same time as other parishwide elections in order to avoid the costs of a special election.

(4) The commission shall have the authority to reduce the millage for any year in which it determines that the millage in effect for that year will produce more revenues than the commission determines is needed for that year.

F. In addition to the taxes authorized by Subsection D of this Section, the commission may levy and collect any other taxes authorized by the constitution of this state for political subdivisions, including tax upon the sale at retail, the use, lease, or rental, the consumption, and the storage for use or consumption of tangible personal property, and on sales of services as defined by law. This tax shall be levied and collected only after the question of its imposition has been submitted to and approved by a majority of the qualified voters of the district voting at a regularly scheduled election to be conducted in accordance with the Louisiana Election Code. The election shall be called by the commission and shall be held only with another parishwide election. Expenses of this election shall be financed in the same manner as provided for in Subsection E of this Section.

G. The commission shall have authority to manage all taxes collected pursuant hereto and to expend funds produced therefrom for capital expenditures and for the operation of the Acadiana Criminalistics Laboratory.

H. The commission shall have the power to borrow monies for the maintenance and operation of the Acadiana Criminalistics Laboratory.

I. Nothing contained in this Section shall be interpreted as diminishing any of the authority of the affected sheriffs, district attorneys, or presidents of the governing authority as delegated to them by the constitution and laws of this state.

Acts 2004, No. 422, §1.
La. Rev. Stat. § 40:1678 — LA Code / Code revised-statutes / Title 40 / Section 1678
Maximum floor load during construction; display of placards
Status: in_force

Every owner of every house, building, or structure under construction, except buildings to be used exclusively for residential purposes, shall affix and display conspicuously on each floor of the building a placard stating the load per square foot of the floor surface which may safely be applied to that particular floor during construction. If the strength of the floor varies in different places, he shall affix placards for each varying part of the floor.

All such placards shall be verified and approved by the city engineer or inspector of buildings or other proper authority of the city charged with the enforcement of building laws.

No one shall load any such floor or any part thereof to a greater extent than the load indicated on the placard.
La. Rev. Stat. § 40:2116.37 — LA Code / Code revised-statutes / Title 40 / Section 2116.37
Notice of reasons for nonrenewal or revocation of license; review; hearing
Status: in_force

A. The secretary shall furnish the applicant or licensee written notice specifying reasons for the denial of an application, or for the refusal to renew or for the revocation of a license within five days, exclusive of holidays, of his decision. Any applicant or licensee who feels aggrieved by the action of the secretary in denying, refusing to renew, or revoking a license may, within fifteen days exclusive of legal holidays from the date the notice of such action is received by him, appeal suspensively from the action of the secretary by filing in the office of the secretary within such fifteen-day period a written request addressed to the secretary asking for a hearing by the department. The request for a hearing shall specify in detail the reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the secretary and must be received in the office of the secretary within the period allowed for appeal.

B. When any appeal authorized by Subsection A of this Section is received by the secretary, if timely filed, he shall appoint a three-member board to conduct a hearing on the appeal at such time and place as such members deem proper. The review, hearing, and appeal shall be conducted in accordance with the Administrative Procedure Act.

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §15; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
La. Rev. Stat. § 40:3 — LA Code / Code revised-statutes / Title 40 / Section 3
State health officer; powers
Status: in_force

The state health officer shall at all times take all necessary steps to execute the sanitary laws of the state and to carry out the rules, ordinances, and regulations as contained in the state sanitary code. He may issue warrants only to arrest or prevent epidemics or to abate any imminent menace to the public health.

Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:624 — LA Code / Code revised-statutes / Title 40 / Section 624
Certification of coal-tar colors for cosmetics
Status: in_force

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

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1133.2 — LA Code / Code revised-statutes / Title 40 / Section 1133.2
Fee schedule; fees for license prohibited
Status: in_force

A.(1) The bureau shall not require or collect any fee or charges for licensure, license renewal, or certification of any of the following personnel who serve in their capacity on a voluntary basis and who receive no compensation of any kind for such services:

(a) Emergency medical services practitioners.

(b) Ambulance operators.

(2) The bureau shall not set the fee for licensure of an emergency medical technician to exceed fifteen dollars for any individual who is an employee or volunteer of the state of Louisiana or another public entity, a municipal fire department, a fire protection district, a volunteer fire department, or a municipal law enforcement agency who does not perform emergency medical services outside of the individual's official governmental responsibilities for any form of compensation.

(3) The bureau shall not set the fee for license renewal of an emergency medical technician to exceed ten dollars for any individual who is an employee or volunteer of the state of Louisiana or another public entity, a municipal fire department, a fire protection district, a volunteer fire department, or a municipal law enforcement agency who does not perform emergency medical services outside of the individual's official governmental responsibilities for any form of compensation.

B. Except as provided in Subsection A of this Section, the bureau shall assess fees for testing, licenses, and certifications based on the following schedule:

(1) Test fees: Fee

(a) Emergency medical technician initial pyschomotor exam $ 60.00

(b) Emergency medical technician partial psychomotor exam 15.00

(2) License fees

(a) Emergency medical responder 10.00

(b) Emergency medical technician 30.00

(c) Advanced emergency medical technician 40.00

(d) Paramedic 50.00

(3) License renewal

(a) Emergency medical responder 5.00

(b) Emergency medical technician 25.00

(c) Advanced emergency medical technician 35.00

(d) Paramedic 45.00

(4) Reciprocity

(a) Emergency medical technician 60.00

(b) Advanced emergency medical technician 80.00

(c) Paramedic 100.00

(5) Ambulance operator certification 10.00

C. The department may adopt rules and regulations in accordance with the Administrative Procedure Act to provide for the collection of fees required by the fee schedule provided in this Section.

Acts 1997, No. 913, §2; Acts 2001, No. 515, §1; Acts 2010, No. 935, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.
La. Rev. Stat. § 40:1047 — LA Code / Code revised-statutes / Title 40 / Section 1047
Permits relating to production of therapeutic marijuana; contractors of licensed producers; permit application requirements; authorization to obtain criminal history record information
Status: in_force

A. As used in this Section, the following terms have the meaning ascribed to them in this Subsection:

(1) "Applicant" means a natural person, a corporation, limited liability company, partnership, joint stock association, sole proprietorship, joint venture, business association, cooperative association, professional corporation or any other legal entity or organization through which business is conducted.

(2) "Contractor" means any person, partnership, joint venture, limited liability company, corporation, association, joint stock association, sole proprietorship, trust, other business entity, or juridical person whether incorporated or not selected by either the Louisiana State University Agricultural Center or the Southern University Agricultural Center through a competitive bid process to cultivate, extract, process, produce, and transport therapeutic marijuana.

(3) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

(4) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

(5) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

(6) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

B.(1) No applicant for a specialty license or permit for the production of recommended marijuana for therapeutic use issued pursuant to R.S. 40:1046(H) or a contractor shall be required to undergo a suitability investigation conducted by any government agency as a prerequisite to obtaining a license or permit.

(2) A contractor shall submit to a criminal history background check conducted by a government agency or private entity subject to any applicable terms and conditions of the contract between the university licensee and contractor. The requirement to undergo a criminal history background check shall be limited to employees of a contractor for the production of recommended marijuana for therapeutic use. The government agency designated to regulate licensees for the production of recommended marijuana for therapeutic use pursuant to R.S. 40:1046 shall issue a provisional permit to the contractor and shall be converted to an unconditional permit upon successful completion of the criminal history background check.

C. Unless otherwise provided by law, nothing in this Section shall be construed to limit or prohibit a contractor from considering the results of a background check of a prospective employee in making the final determination of whether to employ the person.

D. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

E. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.

Acts 2016, No. 96, §1, eff. May 19, 2016; Acts 2022, No. 271, §4; Acts 2022, No. 628, §§1, 2, eff. June 18, 2022.
La. Rev. Stat. § 40:2405.3 — LA Code / Code revised-statutes / Title 40 / Section 2405.3
Unlawful activity by non-accredited training centers
Status: in_force

It shall be unlawful for any training center to offer, conduct, award any certificates or documents purporting to evidence completion of, or solicit prospective trainees for a basic law enforcement training course, unless same is approved and accredited by the council.

Acts 1998, 1st Ex. Sess., No. 108, §1.
La. Rev. Stat. § 40:405 — LA Code / Code revised-statutes / Title 40 / Section 405
Exemptions from levy and execution
Status: in_force

Except to the extent a local housing authority or its subsidiaries may otherwise expressly agree, all real and personal property of a local housing authority and its subsidiaries shall be exempt from execution, levy, and sale for the payment of debt or otherwise pursuant to any judicial or other process.

Added by Acts 1983, No. 107, §1; Amended by Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:690 — LA Code / Code revised-statutes / Title 40 / Section 690
Metal beverage containers
Status: in_force

A. No person shall sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a metal part of the container is detachable in opening the container. The provisions of this Section do not prohibit the sale of or the offer for sale of the following:

(1) A beverage container sealed with a laminated tape seal, even if the seal contains aluminum foil, if the seal is not rigid.

(2) Frozen beverage concentrate in all metal containers with detachable metal pull tabs, customarily and primarily purchased for dilution and for use within the home or for similar purposes.

(3) Metal beverage containers with pull tabs for milk-based products, soy-based products, or similar products which require sterilization and pressure in the canning process.

B. As used in this Section:

(1) "Beverage container" shall include but not be limited to any sealed can containing beer, cereal malt beverage, mineral water, and soda water and similar soft drinks in liquid form and intended for human consumption.

(2) "Soft drink" shall include but not be limited to all beverages, whether carbonated or not, such as soda water, ginger ale, 7-Up, Hi-C, Coca-Cola, iced tea, lemonade, Pepsi Cola, Hawaiian Punch, Dr. Pepper, milk drinks when any flavoring or syrup is added, cider, cordial, carbonated water, mineral water, or any and all preparations commonly referred to as soft drinks of whatsoever kind, including any and all beverages referred to as soft drinks which are manufactured without the use of any syrup.

C. The penalties in R.S. 40:689 shall apply to violations of this Section.

Acts 1990, No. 282, §1; eff. July 5, 1990.
La. Rev. Stat. § 40:1235.1 — LA Code / Code revised-statutes / Title 40 / Section 1235.1
State agency may provide malpractice coverage
Status: in_force

Each agency of the state which employs physicians, dentists or professional nurses to provide medical services for or on behalf of such agency and each agency of the state to whom any medical doctor, dentist or professional nurse donates their services may provide such persons with medical malpractice coverage at no cost to such persons. For the purposes of this Part the term "physician" shall mean any person holding a valid certificate to practice medicine issued pursuant to R.S. 37:1273; the term "dentist" shall mean any person holding a valid certificate to practice dentistry issued pursuant to R.S. 37:751 through R.S. 37:763; the term "professional nurse" shall mean any person holding a valid certificate to practice nursing pursuant to R.S. 37:921, R.S. 37:971 or R.S. 37:972. The coverage provided for herein shall apply only to those actions arising from services rendered as a direct result of such employment or donation.

Added by Acts 1975, No. 674, §1; Redesignated from R.S. 40:1299.38 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1235.1 redesignated to R.S. 40:1135.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:95 — LA Code / Code revised-statutes / Title 40 / Section 95
Completion of forms; filing with vital records registry
Status: in_force

The physician performing the in utero embryo transfer or termination of the pregnancy by birth, miscarriage, or abortion shall provide the information required by the provisions of R.S. 40:94. Such completed forms shall be transmitted by the physician to the vital records registry within fifteen days of the performance of the medical procedures and shall be confidential.

Acts 2016, No. 494, §4.
La. Rev. Stat. § 40:1578.5 — LA Code / Code revised-statutes / Title 40 / Section 1578.5
Appeals from decision of board of review
Status: in_force

Any interested person may appeal a decision of the board of review as provided in R.S. 40:1578.1 to a court of competent jurisdiction within five days of the rendering of the decision of the board of review.

Added by Acts 1974, No. 236, §1.
La. Rev. Stat. § 40:1160.2 — LA Code / Code revised-statutes / Title 40 / Section 1160.2
Definitions
Status: in_force

As used in this Subpart, the following terms have the meanings ascribed to them unless otherwise provided for or unless the context otherwise indicates:

(1) "Anesthesia" means a drug-induced loss of consciousness, by use of any anesthetic induction agent or otherwise, during which patients are not arousable even by painful stimulation, as defined by the Louisiana State Board of Medical Examiners.

(2) "Examination" means a pelvic or rectal examination.

(3) "Healthcare provider" means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law.

(4) "Learner" means any person enrolled in a medical, nursing, or allied health education program. "Learner" shall also mean a medical resident, intern, or student undergoing a course of instruction or participating in a clinical training or residency program.

(5) "Patient" means a person who receives or has received medical treatment or services from an individual or institution licensed to provide medical treatment in this state.

(6) "Pelvic examination" means the physical examination of an individual's reproductive organs.

(7) "Personal healthcare representative" has the meaning as ascribed in R.S. 40:1155.2.

(8) "Rectal examination" means an examination relating to or affecting the rectum.

(9) "Teaching purposes" means a nondiagnostic or nontherapeutic examination that is solely for the education of the learner.

Acts 2020, No. 269, §1.
La. Rev. Stat. § 40:402 — LA Code / Code revised-statutes / Title 40 / Section 402
Executive committees
Status: in_force

Housing authorities that have nine or more commissioners may, by resolution or by law, establish an executive committee of at least five commissioners. The committee shall have such powers over the management or operation of such housing authority as the commissioners of such authority shall specify and declare in the resolution establishing the executive committee.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1005 — LA Code / Code revised-statutes / Title 40 / Section 1005
Prescription Monitoring Program Advisory Council
Status: in_force

A. The advisory council shall consist of the following members, each of whom may appoint a designee:

(1) The president of the Louisiana State Board of Medical Examiners.

(2) The president of the Louisiana State Board of Dentistry.

(3) The president of the Louisiana State Board of Nursing.

(4) The president of the Louisiana State Board of Optometry Examiners.

(5) Repealed by Acts 2013, No. 27, §2, eff. May 23, 2013.

(6) The president of the Louisiana Academy of Physicians Assistants.

(7) The president of the Louisiana Board of Pharmacy.

(8) The superintendent of the Louisiana State Police.

(9) The administrator of the United States Drug Enforcement Administration.

(10) The speaker of the Louisiana House of Representatives.

(11) The president of the Louisiana Senate.

(12) The chairman of the House Committee on Health and Welfare.

(13) The chairman of the Senate Committee on Health and Welfare.

(14) The secretary of the Louisiana Department of Health.

(15) The president of the Louisiana State Medical Society.

(16) The president of the Louisiana Dental Association.

(17) The president of the Louisiana Association of Nurse Practitioners.

(18) The president of the Optometry Association of Louisiana.

(19) The president of the Louisiana Pharmacists Association.

(20) The president of the Louisiana Independent Pharmacies Association.

(21) The president of the National Association of Chain Drug Stores.

(22) The president of the Louisiana Sheriffs' Association.

(23) The president of the Louisiana District Attorneys Association.

(24) The president of the Pharmaceutical Research and Manufacturers of America.

(25) The president of the Louisiana Academy of Medical Psychologists.

(26) Repealed by Acts 2013, No. 27, §2, eff. May 23, 2013.

B. The members of the advisory council shall serve at the pleasure of their respective appointing authorities, eleven of whom shall constitute a quorum for the transaction of all business. The members shall elect a chairman and vice chairman whose duties shall be established by the advisory council. The board shall fix a time and place for regular meetings of the advisory council, which shall meet at least once annually. The advisory council shall establish policies and procedures necessary to carry out its duties.

C. The board shall seek, and the advisory council shall provide, information and advice regarding the development and operation of the electronic monitoring system, including but not limited to the following:

(1) Which controlled substances should be monitored.

(2) Which drugs of concern demonstrate a potential for abuse and should be monitored.

(3) Design and implementation of educational courses identified in R.S. 40:1008.

(4) The methodology to be used for analysis and interpretation of prescription monitoring information.

(5) Design and implementation of a program evaluation component.

(6) Identification of potential additional members to the advisory council.

D. The advisory council may conduct and its members may attend and participate in a meeting via electronic means in accordance with the provisions of R.S. 42:17.4.

Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 142, §1; Acts 2010, No. 144, §1; Acts 2013, No. 27, §2, eff. May 23, 2013; Acts 2018, No. 206, §4; Acts 2023, No. 14, §1.
La. Rev. Stat. § 40:1502 — LA Code / Code revised-statutes / Title 40 / Section 1502
Service charge authorized for DeSoto Parish; assessment and collection
Status: in_force

A.(1) The governing authority of any fire protection district situated wholly within the geographical boundaries of DeSoto Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge to be assessed persons owning property located wholly or partly within the boundaries of the fire protection district as customers of the district, subject to the provisions of Subsection B of this Section. Such service charges shall be equal for all customers and shall be framed so as to cover the costs of any or all of the following components of fire protection services:

(a) The purchase of fire protection equipment.

(b) The maintenance and operation of fire protection facilities and equipment.

(c) Obtaining water for fire protection purchases.

(2) The fire protection district shall provide a receipt to each property owner paying the service charge. All insurers and all insurance agents shall have proof of a current service charge receipt before considering any reduced rates because of fire district protection.

B. Service charges so established shall be assessed by resolution of the governing authority of the fire protection district. However, the resolution assessing said service charges shall be adopted by the governing authority only after the question of the assessment and the amount of the service charge established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the general election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.

C. The governing authority of any fire protection district assessing a service charge for fire protection services to customers of the district as provided in this Section shall also have the authority to use any necessary and proper means to collect and enforce the collection of such service charges, including contracting with another political subdivision within DeSoto Parish or any official of said parish to effect such collection. However, liens shall not be placed on property for failure to pay such service charge.

Added by Acts 1985, No. 117, §1, eff. June 29, 1985; Acts 1992, No. 93, §1.
La. Rev. Stat. § 40:1730.64 — LA Code / Code revised-statutes / Title 40 / Section 1730.64
Reciprocity
Status: in_force

A. The state fire marshal may authorize an inspection of industrialized buildings constructed in another state to be performed by an inspector of the equivalent regulatory agency of the other state.

B. The state fire marshal may authorize an inspection of industrialized buildings constructed in this state for use in another state.

C. The state fire marshal may enter into a reciprocity agreement with the equivalent regulatory agency of the other state as necessary to implement this Section.

D. The state fire marshal may approve previously manufactured industrialized buildings when the state fire marshal determines that the adopted standards of other states are reasonably consistent with those of the building code in effect at the time of unit manufacture. The previously manufactured industrialized building shall be required to bear a data plate indicating the codes in effect at the time of unit manufacture and any other state labels that are applicable.

Acts 2007, No. 364, §1.
La. Rev. Stat. § 40:462 — LA Code / Code revised-statutes / Title 40 / Section 462
Memberships in associations
Status: in_force

A local housing authority may join and participate in organizations and associations, pay the costs, fees, and dues necessary to initiate and maintain such memberships, and participate in the activities of such organizations or associations.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1217.16 — LA Code / Code revised-statutes / Title 40 / Section 1217.16
Report
Status: in_force

The medical center shall prepare and submit an annual report concerning its findings, progress, and activities to the governor, the president of the Senate, the speaker of the House of Representatives, and the chairmen of the House and Senate committees on health and welfare at least sixty days prior to the legislative session and shall report on the state's total need in the area of kidney health care.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.96 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1071.4 — LA Code / Code revised-statutes / Title 40 / Section 1071.4
Multidisciplinary teams; establishment; personnel
Status: in_force

A. The department shall establish within the office of public health a network of regional multidisciplinary teams of professionals, each team having a designated area of responsibility within the state. Each such team shall constitute a regional spinal cord disabilities treatment center. Each team shall develop channels of referral using local community services within its respective area, so that each local physician and the families of individuals with spinal cord dysfunctions within each region can be made aware of the availability of the team, its goals, and its methods.

B. Each multidisciplinary team shall include but not be limited to the following:

(1) A medical coordinator, preferably a pediatrician.

(2) A neurosurgeon.

(3) An orthopedist.

(4) A urologist.

(5) A registered nurse.

(6) A social worker.

(7) A physical therapist.

C. The team may also consist of such other professionals as geneticists, stoma therapists, occupational therapists, nutritionists, psychologists, a special educator, and a vocational rehabilitation counselor. Other specialists may, from time to time, be called upon from other areas of expertise as needed, but need not be team members.

Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.115 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1049.1 — LA Code / Code revised-statutes / Title 40 / Section 1049.1
Short title
Status: in_force

This Part may be referred to and may be cited as the "Ephedrine, Pseudoephedrine, and Phenylpropanolamine Monitoring Act".

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:2002.4 — LA Code / Code revised-statutes / Title 40 / Section 2002.4
Villa Feliciana Medical Complex
Status: in_force

The state operated hospital located in Jackson, Louisiana, heretofore known as Villa Feliciana Geriatric Hospital, is hereby designated and shall hereafter be known as Villa Feliciana Medical Complex.

Acts 1987, No. 617, §2; Acts 1997, No. 641, §3.
La. Rev. Stat. § 40:2120.70 — LA Code / Code revised-statutes / Title 40 / Section 2120.70
Operation without license; penalty; exception
Status: in_force

A. Except as provided in R.S. 40:2120.67, a PACE provider shall not operate without a license issued by the department. Any provider, organization, or facility operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to ensure enforcement.

B. If a PACE provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to the provider. Any provider that receives a cease and desist order from the department shall immediately cease operations until the provider is issued a license by the department.

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

Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:2120.17 — LA Code / Code revised-statutes / Title 40 / Section 2120.17
Renewal of a license
Status: in_force

At least thirty days prior to license expiration, the licensee shall submit an application which meets the requirements of this Part for renewal of the license. If the application is approved, the license shall be renewed for an additional two-year period.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:1730.40.1 — LA Code / Code revised-statutes / Title 40 / Section 1730.40.1
Plumbing provisions of or adopted pursuant to this Part; court orders or consent decrees
Status: in_force

Any order or consent decree relative to maintaining or building a public sewage system which is entered in a federal court of competent jurisdiction shall supercede the plumbing provisions of this Part or plumbing provisions adopted pursuant to this Part.

Acts 2014, No. 836, §1, eff. June 23, 2014.
La. Rev. Stat. § 40:2017.12 — LA Code / Code revised-statutes / Title 40 / Section 2017.12
Prepayment by hospitals of Medicaid settlement
Status: in_force

A. Any hospital licensed by the state of Louisiana shall be allowed to participate in prepayment of anticipated or owed Medicaid settlements, payable to the secretary of the Louisiana Department of Health with refund to said hospital to be the amount in Medicaid reimbursement owed said hospital within one hundred twenty days after receipt of prepayment.

B. Definitions:

(1) "Clean claim" shall mean a Medicaid claim for services rendered by any hospital prepared in a manner mandated necessary to specifications and adjudication requirements as decreed by the federal government and the state of Louisiana.

(2) "Hospital" shall mean any hospital licensed by the state of Louisiana pursuant to R.S. 40:2100 et seq.

(3) "Medicaid settlement" shall mean any sum of money owed to a hospital by the state's medical assistance program of a year-end medicaid cost report settlement from any Fiscal Year 1987-88 or earlier.

C.(1) Any hospital which is owed one or more Medicaid settlements, may, pursuant to rules promulgated by the secretary of the Louisiana Department of Health to implement the provisions of this Section, pay to the secretary of the Louisiana Department of Health an amount equal to the current years' state reimbursement rate as set by the federal government for Louisiana, for said hospital's Medicaid settlement due and owing, or said hospital's anticipated Medicaid settlement as of the date of prepayment.

(2) A "Hospital Prepayment Receipt" shall be issued by the secretary of the Department of Revenue to any hospital participating in prepayment of Medicaid anticipated following receipt of prepayment by the Louisiana Department of Health and notification to the Department of Revenue.

D. Except as provided in Subsection F of this Section, hospitals holding or owning any Hospital Prepayment Receipts may use them in lieu of payment, to satisfy any obligation due and payable to the state of Louisiana on or after July 1, 1989. Notwithstanding any law to the contrary, all payments made pursuant to this Section, and the Hospital Prepayment Receipts issued pursuant to this Section, shall bear no interest except as provided herein.

E. In the event that a hospital chooses to make a payment under the provisions of this Section, that hospital will be paid by the state's medical assistance program, in satisfaction of Medicaid settlements due, the amount due and owing said hospital, in accordance with all "clean claims" presented by said hospital to the secretary of the Louisiana Department of Health. Said payment to the hospital shall be made as soon as possible after receipt of the payment made by the hospital pursuant to this Section, but in no event shall the payment to the hospital be made later than one hundred twenty days from the date of the prepayment from the hospital, according to the date on the Hospital Prepayment Receipt.

F. In the event that a hospital participating under the provisions of this Section, has made a prepayment and is not paid the amount herein specified within one hundred twenty days, then the hospital may send to the secretary of the Louisiana Department of Health, via certified mail, a notice of default. Thereafter, that hospital's Hospital Prepayment Receipt shall bear interest at the rate of three points above the current Treasury Bill rate as affixed on day one hundred and twenty from the day of the Hospital Prepayment Receipt, and the hospital may use said receipt, and any interest due thereon, to satisfy any obligation due and payable to the state of Louisiana on or after July 1, 1989.

G. The secretary of the Louisiana Department of Health shall promulgate rules in accordance with the Administrative Procedure Act and other state and federal laws and regulations to implement the provisions of this Section.

Acts 1988, No. 1004, §1, eff. Aug. 1, 1988; Acts 1997, No. 658, §2.
La. Rev. Stat. § 40:1135.7 — LA Code / Code revised-statutes / Title 40 / Section 1135.7
Unauthorized response by commercial ambulances; penalties
Status: in_force

A. No commercial ambulance shall make any emergency run based solely on information intercepted by use of a radio communication scanner or similar device except in cases where human life is threatened, unless that commercial ambulance has been specifically requested to respond to such emergency. Nothing in this Section shall be construed to prohibit service to a subscriber of a commercial ambulance service. No person certified under this Chapter or certified or licensed pursuant to any provision of Louisiana law shall operate a commercial ambulance in violation of this Section.

B. The certificate or license of any person certified under this Chapter or certified or licensed pursuant to Louisiana law who violates the provisions of this Section shall be suspended by the appropriate certification or licensing authority for not less than thirty days, nor more than six months.

C. Proceedings to enforce the provisions of this Section shall be conducted in accordance with the Administrative Procedure Act.

Acts 1987, No. 187, §1; Redesignated from R.S. 40:1236.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:46.1 — LA Code / Code revised-statutes / Title 40 / Section 46.1
Amended birth certificates; change of biological filiation; general principle
Status: in_force

If the biological filiation of a child changes after a birth certificate has been prepared for the child, the state registrar shall amend the birth certificate to reflect this change, in accordance with R.S. 40:46.2 through 46.11.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1171.2 — LA Code / Code revised-statutes / Title 40 / Section 1171.2
Definitions
Status: in_force

As used in this Subpart, the following terms have the meaning ascribed in this Section unless the context clearly indicates otherwise:

(1) "Contact" is a sex-sharing or needle-sharing partner, a person who has had contact with blood or body fluids to which universal precautions apply through percutaneous inoculation or contact with an open wound, non-intact skin, or mucous membrane, or a person who has otherwise been exposed to an HIV-infected person in such a way that infection may have occurred as defined by the Louisiana Department of Health regulations based upon guidelines of the United States Centers for Disease Control and Prevention.

(2) "HIV-related test" is a test which is performed solely to diagnose infection with human immunodeficiency virus (HIV).

(3) "HIV test result" is the original document, or copy thereof, transmitted to the medical record from the laboratory or other testing site the result of an HIV-related test. The term shall not include any other note, notation, diagnosis, report, or other writing or document.

Acts 1991, No. 1054, §1; Acts 2007, No. 153, §1; Redesignated from R.S. 40:1300.12 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2009.13 — LA Code / Code revised-statutes / Title 40 / Section 2009.13
Health care provider complaints; procedure; immunity
Status: in_force

A. The provisions of R.S. 40:2009.13 through 2009.20, excluding R.S. 40:2009.18, shall apply to all licensed health care providers and all federally participating health care providers who operate in the state of Louisiana, provided the provisions of these Sections shall not prevent the institution of judicial action. For purposes of said Sections, "licensed health care provider" or "health care provider" means an institution or distinct part of an institution, facility, or agency licensed by the department or certified for participation in either or both of the Medicaid or Medicare programs to provide health care services. "Health care providers" include but are in no way limited to hospitals, nursing facilities, skilled nursing facilities, home health agencies, ambulatory surgical centers, providers of outpatient physical therapy and/or speech pathology services, comprehensive outpatient rehabilitation facilities, hospices, or suppliers of services, including but not limited to independent laboratories, suppliers of portable X-ray services, and end-stage renal disease treatment facilities.

B. Any person who has knowledge that a state law, minimum standard, rule, regulation, plan of correction promulgated by the department, or any federal certification rule pertaining to a health care provider has been violated, or who otherwise has knowledge that a consumer has not been receiving care and treatment to which he is entitled under state or federal laws, may submit a report regarding such matter to the department. The report may be submitted to the department in writing, by telephone, or by personal visit.

C. The office designated by the secretary shall have responsibility to assure that all reports are referred to the Medicaid fraud control unit or processed in accordance with this Section and R.S. 40:2009.14 through 2009.20.

D. If the report involves an alleged violation of criminal law, the department shall refer the reports to the Medicaid fraud control unit of the attorney general's office.

E. Any person, other than the person alleged to be responsible for the violation, who in good faith submits a report pursuant to this Section shall have immunity from any civil liability that otherwise might be incurred or imposed because of such report. Such immunity shall extend to participation in any judicial proceeding resulting from the complaint.

F.(1) If the report involves an alleged violation by an individual of laws governing professional licensure as provided in Title 37 of the Louisiana Revised Statutes of 1950 or rules and regulations promulgated pursuant to a professional practice act, the department shall refer the report to the appropriate professional licensing board.

(2) If the ensuing investigation results in determination that an individual may have violated laws pertaining to the individual's licensure as a health care professional, such investigation results shall be referred to the appropriate licensing board.

Added by Acts 1978, No. 687, §2, eff. July 12, 1978. Acts 1983, No. 98, §1; Acts 1997, No. 1002, §1; Acts 1999, No. 1109, §1.
La. Rev. Stat. § 40:1492.1 — LA Code / Code revised-statutes / Title 40 / Section 1492.1
Fire protection districts of DeSoto Parish; general purpose political subdivision; Louisiana Community Block Grant program
Status: in_force

For purposes of 42 U.S.C. 5302 and the Louisiana Community Development Block Grant program, fire protection districts of the parish of DeSoto are hereby designated as general purpose political subdivisions, and accordingly, each such fire protection district may apply directly to the division of administration for funding under such program.

Acts 1991, No. 724, §1, eff. July 18, 1991.
La. Rev. Stat. § 40:1811 — LA Code / Code revised-statutes / Title 40 / Section 1811
Prohibitions
Status: in_force

A. No person shall import, manufacture, sell, purchase, possess, or transfer armor-piercing bullets.

B. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than one year, or both.

Added by Acts 1983, No.284, §1.
La. Rev. Stat. § 40:1502.3 — LA Code / Code revised-statutes / Title 40 / Section 1502.3
Service charge authorized for Richland Parish; assessment and collection
Status: in_force

A. The governing authority of any fire protection district situated wholly within the geographical boundaries of Richland Parish is hereby authorized to establish, by majority vote of the members of the authority, a service charge or rates of service charges to be assessed persons owning each residential or commercial structure, whether occupied or unoccupied, located wholly or partly within the boundaries of the fire protection district, subject to the provisions of Subsection B of this Section. For purposes of this Section, each residential or commercial unit and each housing unit within a multiple dwelling structure shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2 shall be considered a structure. The service charges or rates of service charges shall be equal for all structures, except that factory-built homes shall be charged no less than fifty percent and no more than eighty percent of the service charge, and shall be framed to cover and shall be used for the costs of any or all fire protection services. The fire protection district shall provide a receipt to each property owner paying the service charge. All insurers and all insurance agents shall have proof of a current service charge receipt before considering any reduced rates because of fire district protection.

B. Service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the fire protection district. However, the resolution assessing said service charges shall be adopted by the governing authority only after the question of the assessment and the amount of the service charge or rates of service charges established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district assessing a service charge or rates of service charges for fire protection services as provided in this Section shall also have the authority to use any reasonable means to collect and enforce the collection of such service charges, including any means authorized by law for collection of taxes.

(2) The governing authority of any such district shall also have the authority to place liens for fire protection service charges upon the structure subject to the charge, upon the building, if any, in which the structure is located if it is owned by the owner of the structure, and upon the lot of ground not exceeding one acre on which the structure is situated if such lot of ground belongs to the person who owns such structure; however, if such structure or building is owned by a lessee of the lot of ground, the lien shall exist only against the lease and shall not affect the owner of the lot. Such lien shall be placed upon property only in the event of the refusal of the owner of a structure to pay said service charges when requested to do so by said governing authority within thirty days of receipt by the owner of such a request by registered or certified letter. The governing authority may file a statement reflecting the amount of the unpaid charges in the mortgage office of Richland Parish, which, when so filed and recorded, shall operate as a lien and privilege in favor of the district against property as provided herein. In addition, the governing authority of the district shall be entitled to recover the amount of said charges, together with all costs of court and attorney fees, by ordinary process in the Fifth Judicial District. Said governing authority may also provide, by resolution, for interest on the amount of said charges, which shall be paid prior to cancellation of the lien. The rate of interest charged shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and shall be computed from the date of recordation of the lien until paid.

Acts 1987, No. 142, §1, eff. June 18, 1987; Acts 1988, No. 568, §1; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.
La. Rev. Stat. § 40:429 — LA Code / Code revised-statutes / Title 40 / Section 429
Certificates of appointment of commissioners
Status: in_force

A. A certificate of the appointment of any regional or consolidated authority commissioner appointed by the governing body of a parish or municipality signed by the presiding officer or the clerk of the municipality, as the case may be, and by the governor, if his approval of the appointment is required, is conclusive evidence of the due and proper appointment of the commissioner.

B. A certificate of the appointment of any additional commissioner of a regional or consolidated housing authority shall be signed by the commissioners making the appointment and filed with the other records of the regional or consolidated housing authority and, when approved by the governor, shall be conclusive evidence of the due and proper appointment of the additional commissioner.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2473 — LA Code / Code revised-statutes / Title 40 / Section 2473
Long term home health care program; establishment
Status: in_force

The secretary of the Louisiana Department of Health shall establish a long term home health care program which shall provide long term home health care to persons otherwise eligible for Title XXI services who would require placement in a hospital or nursing home if such long term home health care were not available. Such care shall be provided in the person's own home or in the home of a responsible relative or other responsible adult and may include but not be limited to nursing care, physical therapy, speech therapy, medical and social services, home health aid services, instructional guidance, pharmaceutical services, medical appliances and equipment, case management, respite care, personal care, adult day health, homemaker services, habilitation services, and such other community-based and in-home services which may be provided under a waiver granted pursuant to R.S. 40:2477. In order to carry out the provisions of this Chapter, the secretary shall promulgate rules, regulations, and minimum standards in accordance with the Administrative Procedure Act.

Added by Acts 1982, No. 715, §1.
La. Rev. Stat. § 40:459 — LA Code / Code revised-statutes / Title 40 / Section 459
Commercial activities
Status: in_force

A local housing authority may not engage in and carry on commercial activities. As used in this Section, "commercial activity" or "commercial activities" shall not include the acquisition, ownership, leasing, or operation of real property used by others for commercial purposes, which shall be governed by R.S. 40:441.

Amended by Acts 1950, No. 401, §12; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1113.6 — LA Code / Code revised-statutes / Title 40 / Section 1113.6
Rules and regulations
Status: in_force

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

Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.146 by HCR 84 of 2015 R.S.