La. Rev. Stat. § 40:1798 — LA Code / Code revised-statutes / Title 40 / Section 1798
Firearms; disposal by law enforcement agencies
Status: in_force

A. Notwithstanding any provision of the law to the contrary, the Louisiana Department of Public Safety and Corrections, office of the state police, the Louisiana Department of Wildlife and Fisheries, and each law enforcement agency of a political subdivision of the state shall dispose of firearms which are lawfully seized by and forfeited to those agencies in the manner provided for in this Section.

B. For the purpose of this Section, the following words shall have the following meanings:

(1) "Contraband" means any firearm which cannot be lawfully owned or possessed by any state or local law enforcement agency or by any private citizen.

(2) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle, which is designed to fire or is capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive.

(3) "Forfeited" means that the ownership of the firearm has been transferred to a law enforcement agency by a court order and that the firearm is not being held as evidence or for any other purpose related to an investigation or prosecution of criminal activity.

(4) "Law enforcement agency" means the Louisiana Department of Public Safety and Corrections, office of state police, the Louisiana Department of Wildlife and Fisheries, the sheriff of any parish, or the police department of any municipality.

(5) "Seized" means lawfully taken and held by a law enforcement agency in connection with an investigation or prosecution of criminal activity.

C. If the seized or forfeited firearm is contraband, the law enforcement agency shall destroy the seized or forfeited firearm.

D. If the seized or forfeited firearm is not contraband, and if the law enforcement agency knows the owner of the seized or forfeited firearm, and if the owner did not commit any violation of any federal or state law or local ordinance in which the seized or forfeited firearm was involved, and if the owner may lawfully possess the seized or forfeited firearm, the law enforcement agency shall return the seized or forfeited firearm to the owner.

E. If the provisions of Subsections C and D do not apply, the law enforcement agency shall dispose of the seized or forfeited firearm in accordance with the following provisions:

(1) If the firearm is of a type which can lawfully be possessed and used by a law enforcement agency, the law enforcement agency may dispose of the firearm in one of the following ways:

(a) The law enforcement agency may retain and use the firearm.

(b) The law enforcement agency may sell or donate the firearm to another law enforcement agency or may use the firearm as consideration or partial consideration in an exchange with another law enforcement agency.

(c) The law enforcement agency may sell the firearm to a firearms dealer or a firearms manufacturer, or may use the firearm as consideration or partial consideration in an exchange with a firearms dealer or a firearms manufacturer, provided the firearms dealer or the firearms manufacturer is licensed to buy, sell, or trade that type of firearm.

(d) The law enforcement agency may destroy the firearm.

(2) If the firearm is of a type which can lawfully be possessed and used by a private citizen, the law enforcement agency may dispose of the firearm in one of the following ways:

(a) The law enforcement agency may retain and use the firearm.

(b) The law enforcement agency may sell or donate the firearm to another law enforcement agency or may use the firearm as consideration or partial consideration in an exchange with another law enforcement agency.

(c) The law enforcement agency may sell the firearm to a firearms dealer or a firearms manufacturer, or may use the firearm as consideration or partial consideration in an exchange with a firearms dealer or a firearms manufacturer, provided the firearms dealer or the firearms manufacturer is licensed to buy, sell, or trade that type of firearm.

(d) The law enforcement agency may sell the firearm to a private citizen. A sale of a firearm to a private citizen shall be at a public auction in the same manner as a sale of surplus property. A sale of a firearm to a private citizen shall comply with all federal laws, state laws, and local ordinances which apply to that sale, and the law enforcement agency shall perform the background checks on the purchaser which are required by state and federal laws for sales of firearms by licensed firearms dealers.

(e) The law enforcement agency may destroy the firearm.

F. Before a law enforcement agency destroys a seized or forfeited firearm under the provisions of Subsections D and E , the law enforcement agency shall ensure that any security interest attached to the firearm to be destroyed is satisfied in favor of the party holding the security interest in the firearm.

G. A law enforcement agency may dispose of its own surplus firearms in accordance with the applicable provisions of this Section.

Acts 1999, No. 806, §1; Acts 2001, No. 236, §1.
La. Rev. Stat. § 40:1485.1 — LA Code / Code revised-statutes / Title 40 / Section 1485.1
Legislative findings
Status: in_force

The legislature hereby finds and declares that:

(1) Carnival or amusement rides are used by a large number of citizens of this state and also attract to this state a large number of nonresidents, significantly contributing to the tourism industry and tax base of this state.

(2) The safety of the public using carnival or amusement rides is an important matter of public policy.

(3) There are inherent risks associated with all machinery, equipment, or animals that are impractical or impossible for an amusement owner to eliminate with all reasonable safety precautions, and an informed rider is in the best position to avoid those risks.

(4) The safety of carnival or amusement rides will be greatly improved at minimal cost if riders are subject to minimum safety standards for their own protection and the protection of others.

Acts 2003, No. 928, §1.
La. Rev. Stat. § 40:26 — LA Code / Code revised-statutes / Title 40 / Section 26
Contractual agreement on establishment and maintenance of parish health unit
Status: in_force

A. The governing body of a parish may contract, or mutually agree on an annual basis, with the Louisiana Department of Health on or before November 1 of any calendar year, for the establishment and/or partial maintenance of the parish health unit and a full-time health officer. In such case the parish shall provide housing for said health unit. The governing body of the parish may appropriate and disburse funds for the support of the unit jointly with state and/or federal funds as furnished by the Louisiana Department of Health within the terms of a state fiscal year budget having the approval of both the parish and state.

B. The parish health officer shall be appointed in accordance with the provisions of this Chapter and shall, if classified, be in the state classified service. As a prerequisite of said contract, the parish health officer shall be subject to all state laws and regulations and orders of the state health officer and the department. Notwithstanding any provisions of this Chapter, the employees of the parish health unit, including the parish health officer, may, at the option of the parish, be employed as parish or municipal employees in which case their salaries and all benefits shall be paid in full by the parish, and they shall be under the direction and control of the parish but subject to the general supervision of the state health officer through the parish health officer. In all other respects they shall be parish or municipal employees.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1079.2 — LA Code / Code revised-statutes / Title 40 / Section 1079.2
Treatment for drug abuse
Status: in_force

A. Consent to the provision of medical or surgical care or services by a hospital or public clinic, or to the performance of medical or surgical care or services by a physician, licensed to practice medicine in this state, when executed by a minor who is or believes himself to be addicted to a narcotic or other drug, shall be valid and binding as if the minor had achieved his majority. Any such consent shall not be subject to a later disaffirmance by reason of his minority.

B. The consent of a spouse, parent, guardian or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize such hospital care or services or medical or surgical care or services to be provided by a physician licensed to practice medicine to such a minor.

C. Upon the advice and direction of a treating physician, or, in the case of a medical staff, any one of them, a physician or member of a medical staff may, but shall not be obligated to, inform the spouse, parent or guardian of any such minor as to the treatment given or needed, and such information may be given to, or withheld from the spouse, parent or guardian without the consent and over the express objection of the minor.

D. No hospital and no physician licensed to practice medicine in this state shall incur civil or criminal liability in connection with any examination, diagnosis and treatment authorized by this Section except for negligence.

Added by Acts 1972, No. 183, §1; Redesignated from R.S. 40:1096 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1250.21 — LA Code / Code revised-statutes / Title 40 / Section 1250.21
Annual report
Status: in_force

A. The department shall submit an annual report concerning disability service provider rates to the House Committee on Appropriations, the Senate Committee on Finance, and the legislative committees on health and welfare no later than forty-five days prior to the convening of each regular session of the Legislature of Louisiana. The report shall include, without limitation, all of the following information:

(1) Any changes within the previous twelve months to the Medicaid rate methodology for disability services and the current Medicaid rates for those services.

(2) The date of the last rebasing of Medicaid rates for intermediate care facilities for people with developmental disabilities and any future dates on which those rates are due to be rebased.

(3) The amount of funding that would be required for an annual adjustment, based on the inflation index, to Medicaid rates for disability services.

(4) The health market basket inflation index used in calculating the amount of funding that would be needed for an annual adjustment of Medicaid rates for disability services.

(5) Any proposed changes to the methodology for determining Medicaid rates for disability services.

B. Upon request of any legislative committee identified in this Section, the secretary of the department or his designee shall appear in person before the committee to present the report required by this Section.

Acts 2019, No. 381, §1.
La. Rev. Stat. § 40:1275.2 — LA Code / Code revised-statutes / Title 40 / Section 1275.2
Definitions
Status: in_force

For purposes of this Part, the following definitions shall apply:

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

(2) "Office" means the office of public health, Louisiana Department of Health.

(3) "Severe head injury" means acute traumatic injury to the central nervous system within the skull which is serious enough to cause significant long-term functional impairment.

Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.172 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1167.3 — LA Code / Code revised-statutes / Title 40 / Section 1167.3
Definitions
Status: in_force

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

(1) "Certified EHR technology" means a qualified electronic health record (as defined in Section 3000(13) of the Public Health Service Act) that is certified pursuant to Section 3001(c)(5) of such Act as meeting standards adopted under Section 3004 of such Act that are applicable to the type of record involved.

(2) "Department" means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including, but not limited to, block grants or other funding for medical care of the poor.

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

Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1627 — LA Code / Code revised-statutes / Title 40 / Section 1627
Definitions
Status: in_force

As used in this Act*, the following terms shall have the meaning indicated unless the context clearly indicates otherwise:

(1) "Agent" means any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes.

(2) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance, regardless of size or shape, and whether or not such tobacco or substance is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other material except where the wrapper is wholly or in greater part made of tobacco.

(3) "Manufacturer" means any of the following:

(a) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer.

(b) The first purchaser anywhere that intends to resell in the United States cigarettes, manufactured anywhere, that the original manufacturer or maker does not intend to be sold in the United States.

(c) Any entity that becomes a successor of an entity described in Subparagraph (a) or (b) of this Paragraph.

(4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values pursuant to R.S. 40:1628(A) for all test trials used to certify cigarettes in accordance with this Act.

(5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.

(6) "Retail dealer" includes every dealer other than a wholesale dealer, or manufacturer who sells or offers for sale cigars, cigarettes, or other tobacco products, irrespective of quantity or the number of sales.

(7) "Sale" means any transfer of title or possession or both, exchange, or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts and the exchanging of cigarettes for any consideration other than money are considered sales.

(8) "Sell" means an act of selling, or to offer or agree to sell.

(9) "Wholesale dealer" means a dealer whose principal business is that of a wholesaler, who sells cigarettes, cigars, or other tobacco products to retail dealers for purpose of resale, who is a bona fide wholesaler, and fifty percent of whose total tobacco sales are to retail stores other than its own or its subsidiaries within Louisiana. Wholesale dealer shall include any person in the state who acquires cigarettes solely for the purpose of resale in vending machines, provided such person services fifty or more cigarette vending machines in Louisiana other than his own, and a Louisiana dealer who was affixing cigarette and tobacco stamps as of January 1, 1974. Wholesale dealer also shall include a bona fide tobacconist engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes.

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

*Acts 2007, No. 409
La. Rev. Stat. § 40:1496.8 — LA Code / Code revised-statutes / Title 40 / Section 1496.8
Calcasieu Parish; Ward Four-Ward Six Fire Protection District Number One
Status: in_force

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

Acts 1984, No. 395, §1.
La. Rev. Stat. § 40:31.23 — LA Code / Code revised-statutes / Title 40 / Section 31.23
Admissions; voluntary; involuntary
Status: in_force

A. Upon arrival at an inpatient facility for the treatment of active tuberculosis, a person certified for admission by the state health officer or his designee shall be provided an opportunity to execute an informed consent document wherein the person agrees to cooperate with the required treatment regimen. The admission of any person executing such a document shall be considered voluntary.

B. A refusal to execute the informed consent document provided for by Subsection A of this Section shall result in the involuntary admission of such person.

C. When a person admitted pursuant to the provisions of Subsection A of this Section at any time thereafter no longer desires to remain at the facility for tuberculosis treatment, he may sign a certificate requesting release. The director of the treatment facility shall immediately notify the state health officer or his designee of the person's desire to be released. The state health officer or his designee shall determine if further inpatient treatment is necessary, and he may cause a petition for judicial commitment to be filed in the court having jurisdiction over the treatment facility within fifteen days of the person's request for release. If no petition is timely filed, the person shall be released. If a petition is timely filed, the provisions of R.S. 40:31.25 shall apply.

Acts 1995, No. 373, §1, eff. June 16, 1995.
La. Rev. Stat. § 40:5.11 — LA Code / Code revised-statutes / Title 40 / Section 5.11
Water fluoridation program
Status: in_force

A. The secretary of the Louisiana Department of Health shall establish in the office of public health a fluoridation program for the purpose of protecting the dental health of the citizens of this state, and especially children, through the prevention of tooth decay.

B.(1) Each public water system that has at least five thousand service connections and natural levels of fluoride that are outside the optimal range established in the rules and regulations adopted pursuant to this Section shall acquire, install, operate and maintain appropriate equipment and material in order to maintain the level of fluoride in its water system in the optimal range for the purpose of protecting the dental health of citizens of this state, as established in the rules and regulations adopted pursuant to this Section.

(2) Each public water system with at least five thousand service connections that has fluoride levels outside the optimal range established in the rules and regulations adopted pursuant to this Section shall provide to the Louisiana Department of Health no later than March 1, 2009, an estimate of the total capital costs to acquire and install fluoridation treatment equipment capable of maintaining fluoride levels within the optimal range for the purpose of protecting the dental health of citizens of this state, as established in the rules and regulations adopted pursuant to this Section.

(3) No public water system shall be required to comply with Paragraph (1) of this Subsection unless sufficient funds have been identified by the state, whether by appropriation, capital outlay, grants or similar means or source of funds, as available to that system for the cost of acquiring and installing fluoridation equipment and the cost of material required to fluoridate said system for at least six months from the date of initial installation.

(4) A public water system that has never used fluoridation to adjust fluoride levels in its water and whose water contains fluoride in amounts outside the range established in the rules and regulations adopted pursuant to this Section as optimal for the purpose of protecting the dental health of the citizenry shall be exempt from compliance with Paragraph (1) of this Subsection provided all of the following apply:

(a) A petition requesting the exemption has been signed by at least fifteen percent of the registered voters who reside in the precincts served by said water system, as certified by the parish registrar of voters, and has been presented to the governing authority of each municipality or parish in whose jurisdiction the system provides service.

(b) A local election has been called on the exemption after the petition has been received by each governing authority pursuant to Subparagraph (a) of this Paragraph. Participation in the election shall be limited to those precincts in which the water system provides service. The local election shall be called and conducted by the governing authority of each municipality in whose jurisdiction the water system provides service if all of the registered voters served by the water system reside wholly within the jurisdiction of one or more municipalities. However, the local election shall instead be called and conducted by the governing authority of each parish in whose jurisdiction the water system provides service if either of the following applies:

(i) The water system also provides service to registered voters in unincorporated areas of one or more parishes.

(ii) The water system was created or franchised by the parish or parishes.

(c) Each local election pertaining to the exemption of said water system has been held in accordance with state and local law, and the certified results of each election show that a majority of the registered voters who cast a vote in said election approve exemption.

(d) No election on the same question in the same jurisdiction took place in the four years immediately prior to the election in which the exemption was approved.

C.-F. Repealed by Acts 2018, No. 515, §4.

G. The office of public health, through the department, shall promulgate rules and regulations in accordance with the Administrative Procedure Act relating to the fluoridation of public water systems, including but not limited to maintaining levels of flouride in public water systems within the optimal range for the purpose of protecting the oral health of the citizens of this state.

Acts 1997, No. 908, §2; Acts 1999, No. 802, §5, eff. July 2, 1999; Acts 2008, No. 761, §1, eff. July 6, 2008; Acts 2018, No. 515, §§3, 4.
La. Rev. Stat. § 40:2193.3 — LA Code / Code revised-statutes / Title 40 / Section 2193.3
License issuance; application; renewal; on-site inspection
Status: in_force

A. An applicant for a pediatric day health care facility license must submit a completed application to the department on a form prescribed by the department.

B. Each application for licensure and application renewal of licensure must be accompanied by a nonrefundable license fee in the amount set by the department in accordance with R.S. 40:2006. The fees herein levied and collected shall be paid into the general fund.

C. Following receipt of the completed application and licensing fee, the department shall issue a license if, after an on-site survey and inspection, it finds that the pediatric day health care facility meets the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department must perform an on-site survey and inspection of the pediatric day health care facility prior to the issuance of the initial license.

D. As a condition for renewal of a license, the licensee must submit to the department a completed annual renewal application on a form prescribed by the department, along with the annual renewal licensing fee. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the department shall determine if the pediatric day health care facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof. The department may perform an on-site survey and inspection upon annual renewal. If the pediatric day health care facility continues to meet the requirements established under this Part and the licensing standards adopted in pursuance thereof, a license shall be issued which is valid for one year.

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

Acts 2004, No. 432, §1, eff. June 24, 2004.
La. Rev. Stat. § 40:1168.2 — LA Code / Code revised-statutes / Title 40 / Section 1168.2
Definitions
Status: in_force

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

(1) "Adverse event" means any incident relating to the use of a drug prescribed or recommended to a patient that may result in serious harm or injury to the patient or in the patient's death.

(2) "Authorized clinician" means all of the following licensed health professionals authorized pursuant to R.S. 40:1046 to recommend medical marijuana to patients:

(a) Any physician licensed by and in good standing with the Louisiana State Board of Medical Examiners to practice medicine in this state.

(b) Any nurse practitioner licensed by and in good standing with the Louisiana State Board of Nursing to practice advanced practice registered nursing in this state and who has prescriptive authority conferred by the Louisiana State Board of Nursing.

(c) Any medical psychologist licensed by and in good standing with the Louisiana State Board of Medical Examiners to practice medical psychology in this state.

(3) "Board" means the Louisiana State Board of Medical Examiners.

(4) "Data system" means the system authorized and provided for in R.S. 40:1168.3.

(5) "Medical marijuana" means the therapeutic substance produced under the authority of and in accordance with R.S. 40:1046.

Acts 2019, No. 207, §1; Acts 2022, No. 444, §1.
La. Rev. Stat. § 40:1032 — LA Code / Code revised-statutes / Title 40 / Section 1032
Permit
Status: in_force

No animal control agency or facility shall purchase, possess, or administer sodium pentobarbital to sick, homeless, injured, or unwanted pets or other domestic and wild animals for their humane euthanasia without the permit required by this Part.

Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1167.2 — LA Code / Code revised-statutes / Title 40 / Section 1167.2
Legislative findings; purpose
Status: in_force

The legislature finds that:

(1) Through the state's health care reform efforts, it has been recognized that Health Information Technology (HIT) and Health Information Exchange (HIE) are critical to improving and evaluating the quality of health care delivered to the citizens of Louisiana across the full spectrum of service delivery. The state has made significant investments in HIT that should be leveraged and built upon while continuing to address the low adoption rate of HIT by providers statewide.

(2) The state and federal governments have recognized that the use of an interoperable electronic health record (EHR) is the foundation of HIT adoption and can improve outcomes and reduce costs.

(3) In February of 2009, the United States Congress, in enacting the American Recovery and Reinvestment Act of 2009 (ARRA), made a substantial financial commitment to the national expansion of HIT by providing approximately seventeen billion dollars in funding for enhanced Medicare and Medicaid reimbursements to certain providers who demonstrate meaningful use of certified EHR technology, as well as an additional two billion dollars for competitive grants to the states to create regional infrastructure and to provide loans to providers for the purchase and implementation of an EHR.

(4) Under ARRA, many of Louisiana's providers will become eligible for enhanced Medicare reimbursement in the federal fiscal year beginning October 1, 2010, by becoming a meaningful user of certified EHR technology and will suffer financial consequences for failing to do so in the federal fiscal year beginning October 1, 2014. Additionally, enhanced Medicaid reimbursement will be available to certain providers who are engaged in efforts to adopt, implement, or upgrade certified EHR technology or who are meaningful users of such technology, beginning on a date that has not yet been specified by the federal government.

(5) The ARRA's loan program competitive grant provisions are designed to facilitate the widespread adoption of certified EHR technology, thus achieving provider eligibility for the enhanced Medicare and Medicaid reimbursements. The application process requires that the state develop and submit a strategic plan that will be annually updated, and that must include a list of the projects to be assisted through the program, a description of the criteria and methods established for the distribution of funds, the financial status of the loan fund as of the date of submission of the plan and the short-term and long-term goals of the program.

(6) In 2007, the state authorized the secretary to enter into a Cooperative Endeavor Agreement ("CEA") with the Rural Hospital Coalition, Inc. (the "Coalition"), for the establishment of the Louisiana Rural Health Information Exchange (LARHIX), a multi-regional health care information exchange. With the funding provided, seven rural hospitals acquired EHR technology and were linked to Louisiana State University Health Sciences Center - Shreveport (LSUHSC-S) via a state-of-the-art integration engine, permitting a panel of specialists to access a rural patient's medical record in real time while consulting with the patient over the telehealth equipment located at the rural hospital. In 2008, the state entered into a five-year CEA with the Coalition and provided funding to expand the network to seven additional rural hospitals. LARHIX has been honored as a network model with multiple award nominations by national technology organizations.

(7) The state is required to meet federal match requirements to secure funding under the ARRA loan program provisions. Once such funding is secured, the state can establish the loan program and thereby make application for ARRA program funds. When established, the loan program will facilitate the expansion of current efforts, including LARHIX, to assist providers in acquiring certified EHR technology. By enacting this legislation, the legislature is providing the department and the secretary with specific authority to facilitate the state's application for ARRA loan program funding and to administer the state's EHR loan program.

Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.2 by HCR 84 of 2015 R.S.; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
La. Rev. Stat. § 40:34.5.2 — LA Code / Code revised-statutes / Title 40 / Section 34.5.2
Form and notice for three-party acknowledgment of paternity
Status: in_force

The Louisiana Department of Health, office of public health, shall develop a form, and a notice of consequences of executing the form, for the purposes of implementing R.S. 40:34.5.1. The form shall include the following:

(1) A declaration in authentic form by the husband or former husband presumed to be the father of the child that he is not the father of the child.

(2) A declaration in authentic form by the biological father that he is the father of the child and that a certified report of blood or tissue sampling indicates by a ninety-nine and nine-tenths percentage point threshold probability that he is the biological father of the child.

(3) A declaration in authentic form by the mother, husband or former husband presumed to be the father of the child, and the biological father of the child that each understands the form and has executed it voluntarily, and that each has received written notice of the consequences of executing the form.

Acts 2018, No. 21, §1, eff. May 7, 2018.
La. Rev. Stat. § 40:721 — LA Code / Code revised-statutes / Title 40 / Section 721
Disposition of proceeds of fees
Status: in_force

All money collected by the board under the provisions of this Part shall be devoted to the inspection of bottling plants throughout the state and to the enforcement of this Part.
La. Rev. Stat. § 40:2152 — LA Code / Code revised-statutes / Title 40 / Section 2152
Purpose
Status: in_force

The purpose of this Part is to authorize the Louisiana Department of Health to promulgate and publish rules and regulations to provide for integrated behavioral health services under one license, to provide for the health, safety, and welfare of persons receiving behavioral health services, and to provide for the safe operation and maintenance of providers and facilities providing such care.

Acts 2013, No. 308, §1, eff. June 17, 2013.
La. Rev. Stat. § 40:1321.1 — LA Code / Code revised-statutes / Title 40 / Section 1321.1
Duplicate special identification cards; lost or destroyed
Status: in_force

A. When a special identification card is lost or destroyed, the person who was issued the card may apply for a duplicate special identification card at a motor vehicle office, an authorized agent of the office of motor vehicles, or through the motor vehicle website online application. Any application submitted pursuant to this Section shall include a statement executed by the applicant attesting to the facts regarding the lost or destroyed special identification card.

B. For each duplicate special identification card so issued a five dollar charge shall be collected, except no fee shall be charged to a child who is in foster care, as defined in Children's Code Article 603. However, if the original special identification card was stolen as evidenced by a police report, the charge provided for in this Subsection and the handling charge provided for in R.S. 32:412.1 shall not be collected.

C. If any special identification card which was issued to a Louisiana domiciliary or resident who is temporarily out of state or an active member of the armed forces, or who is a domiciliary resident dependent of a member of the active armed forces, in lieu thereof has been lost or destroyed, the person who was issued the special identification card, or a person who has power of attorney for the person to whom a special identification card was issued, may submit satisfactory proof to the office of motor vehicles of the loss or destruction and may apply for a duplicate special identification card.

D.(1) The holder of a valid special identification card may apply for a duplicate special identification card by mail or electronic commerce, except as follows:

(a) No duplicate special identification card by mail or electronic commerce shall be granted if a previous duplicate special identification card was issued prior to the card's expiration.

(b) No duplicate special identification card by mail or electronic commerce shall be granted to an alien student or nonresident alien.

(2) The department may establish rules and regulations to grant or deny a duplicate special identification card by mail in cases where a Louisiana resident is temporarily domiciled out of state or out of the country, or temporarily residing, employed, or attending school in another state or foreign country, even if the resident does not meet the qualification criteria in this Section.

(3) Upon receipt of all required statements by the department and upon the issuance of a duplicate special identification card, the state, the department, or any department employee shall not be liable for any property damages, injuries, or deaths that may arise from an applicant's use of the special identification card if the special identification card was unlawfully obtained.

(4) When a duplicate special identification card is issued by mail or electronic commerce, the department shall issue a duplicate special identification card with the same expiration date as the previously issued special identification card.

(5) The department shall promulgate rules and regulations necessary to implement the provisions of this Section.

(6) Any online transaction shall be assessed the fee authorized and approved in R.S. 49:316.1.

Acts 2021, No 239, §2.
La. Rev. Stat. § 40:1071.1 — LA Code / Code revised-statutes / Title 40 / Section 1071.1
Definitions
Status: in_force

For the purposes of this Part, the following definitions shall apply:

(1) "Children with special health care needs" means children who have health problems which require services beyond routine and basic care. This includes children with disabilities, handicapping conditions, and chronic illnesses of sufficient severity to cause or to be likely to cause impairments which could significantly limit major life activities.

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

(3) "Multidisciplinary team" means a coordinated group of various professionals who meet jointly to provide care and treatment for persons with spinal cord dysfunction.

(4) "Spinal cord disabled" means any individual under the age of twenty-one who has a spinal cord disease, injury, neural tube defect, or hydrocephalus, whether congenital or acquired, which results in partial or total loss of motor or sensory functions, or both, and which results in partial or total disability, whether such disability is temporary or permanent. This definition shall include spina bifida and other diseases of the spinal column.

Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.112 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:550 — LA Code / Code revised-statutes / Title 40 / Section 550
Partial invalidity; severability
Status: in_force

If any provision of this Chapter or the application thereof to particular circumstances is held unconstitutional or otherwise invalid, the remainder of the Chapter or the application of that provision to other circumstances shall not be affected. In such event it is the intention of the legislature that this Chapter would have been adopted without the inclusion of the provision held to be unconstitutional or otherwise invalid.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1159.4 — LA Code / Code revised-statutes / Title 40 / Section 1159.4
Persons who may consent to surgical or medical treatment
Status: in_force

A. In addition to such other persons as may be authorized and empowered, any one of the following persons in the following order of priority, if there is no person in a prior class who is reasonably available, willing, and competent to act, is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures including autopsy not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician:

(1) Any adult, for himself.

(2) The judicially appointed tutor or curator of the patient, if one has been appointed.

(3) An agent acting pursuant to a valid mandate, specifically authorizing the agent to make health care decisions.

(4) The patient's spouse not judicially separated.

(5) An adult child of the patient.

(6) Any parent, whether adult or minor, for his child.

(7) The patient's sibling.

(8) The patient's other ascendants or descendants.

(9) Upon the inability of any adult to consent for himself and in the absence of any person listed in Paragraphs (2) through (8) of this Subsection, an adult friend of the patient. For purposes of this Subsection to consent, "adult friend" means an adult who has exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The adult friend shall sign and date an acknowledgment form provided by the hospital or other health care facility in which the patient is located for placement in the patient's records certifying that he or she meets such criteria.

(10) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care and any guardian for his ward.

(11) A person chosen by the interdisciplinary team, as defined in R.S. 28:451.2, to make recommendations on behalf of an individual with a developmental disability, as defined in R.S. 28:451.2. The interdisciplinary team shall exercise discretion in choosing, by majority vote, the family member, friend, or other person most familiar with the individual or most capable of making the decision at issue.

(12) A person chosen by an ad hoc team assembled by any interested person for the purpose of addressing the medical decision at issue for an individual with a developmental disability.

(a) This team shall consist of at least three persons familiar with the circumstances and needs of the individual, and shall contain representatives from at least two different services, educational or advocacy agencies serving individuals with developmental disabilities.

(b) The team shall make decisions by majority vote, and no one agency shall provide a majority of the members.

(c) The team shall exercise discretion in choosing the family member, friend, or other person most familiar with the individual or most capable of making the decision at issue.

B. If there is more than one person within the above named class in Paragraphs (A)(1) through (9), the consent for surgical or medical treatment shall be given by a majority of those members of the class available for consultation.

C. If none of the persons listed under Paragraphs (A)(1) through (10) of this Section are reasonably available, then the patient's attending physician shall have the discretion to provide or perform any surgical or medical treatment or procedures, including but not limited to an autopsy, and may also make decisions regarding continued services needed by the patient, including but not limited to approving the placement or transfer of the patient to another facility, without the consent of the patient or other person authorized to consent for the patient. Prior to taking such action, the attending physician shall document in the patient's chart the facts that establish what medical decisions need to be made and why those decisions are needed without undue delay, as well as the steps taken to obtain consent from the patient or another person authorized by law to give consent and then obtain confirmation from another physician, preferably the patient's primary care physician if he is not the attending physician, of the patient's condition and the medical necessity for such action as is appropriate and consistent with the patient's condition and which cannot be omitted without adversely affecting the patient's condition or the quality of medical care rendered. The confirming physician shall personally examine the patient and document his assessment, findings and recommendations in the patient's chart prior to the proposed surgical or medical treatment or procedures being performed. This Subsection shall not apply to an emergency governed by the provisions of R.S. 40:1159.5.

D.(1) When no contact persons are included in the individual's records, in order to justify a finding that none of the authorized persons listed under Paragraphs (A)(1) through (9) of this Section are reasonably available, the patient's attending physician shall document the following in the patient's record:

(a) That he or a representative of the attending physician or facility has inquired of, or has made a documented good-faith effort to inquire of, the following entities regarding the existence of any advance directive made by the patient and the availability of information that would enable the physician to contact any person listed under Paragraphs (A)(2) through (9) of this Section:

(i) The Louisiana Secretary of State's Living Will Registry.

(ii) The patient's primary care physician or any known provider of medical treatment or services received by the patient in the previous one hundred and eighty days.

(iii) Any known facility in which the patient has resided in the last one hundred and eighty days.

(b) That no advance directive or other information that would enable the physician to contact an authorized individual to consent is available.

(2) When names of potentially authorized persons are listed in the individual's records or are obtained through efforts under this Subsection, in order to justify a finding that none of the authorized persons listed under Paragraphs (A)(1) through (9) of this Section are reasonably available, the patient's attending physician shall document in the patient's record the name of each potentially authorized person that he or a representative of the physician or facility attempted to contact, the manner and date of the attempted contact, and the result of the attempted contact.

E. For an individual with a developmental disability, competency to act for the purpose of this Section shall be determined in accordance with principles set forth in R.S. 28:454.3, including capacity to consent and legally adequate consent.

F. Consent to surgical or medical treatment for an individual with a developmental disability will be implied where an emergency, as defined in R.S. 40:1159.5, exists.

G. No hospital or other health care facility, physician, health care provider, or other person or entity shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as to the issue of consent only, based upon the reliance in good faith on any direction or decision by any person reasonably believed to be authorized and empowered to consent under Paragraphs (A)(1) through (9) of this Section, even if death or injury to the patient ensues except for liability for medical malpractice as to the provision or performance of the surgical or medical treatment, not with regard to the question of consent under R.S. 40:1237.1 et seq., or R.S. 40:1231.1 et seq. Each hospital or other health care facility, physician, health care provider, or other person or entity, who acts in good-faith reliance on any such direction or decision shall be protected and released to the same extent as though such person had interacted directly with the patient as a fully competent person.

H. Any physician attending or confirming, who, in accordance with Subsection C of this Section, provides or performs any surgical or medical treatment or procedure, including but not limited to an autopsy, or who makes decisions regarding continued services, including but not limited to approving the transfer or placement of the patient, without the consent of the patient or other person authorized to consent for the patient, shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the decision to perform, or the actual performance of, such treatment or procedure, or with regard to any decisions pertaining to continued services, including but not limited to decisions regarding the transfer or placement of the patient as to the issue of consent only, even if death or injury to the patient ensues, except for liability for medical malpractice as to the provision or performance of the surgical or medical treatment, not with regard to the question of consent under R.S. 40:1237.1 et seq., or R.S. 40:1231.1 et seq. Furthermore, no hospital or other health care facility, health care provider or other person or entity acting under the direction of a physician shall be subject to criminal prosecution or civil liability, or be deemed to have engaged in unprofessional conduct as a result of any treatment, procedures, continued services, transfer, or placements that were performed in accordance with Subsection C of this Section, as to the issue of consent only, even if death or injury to the patient ensues, except for liability for medical malpractice as to the provision or performance of the surgical or medical treatment, not with regard to the question of consent under R.S. 40:1237.1 et seq., or R.S. 40:1231.1 et seq.

Added by Acts 1975, No. 798, §1; Acts 1990, No. 484, §1; Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2014, No. 601, §1; Redesignated from R.S. 40:1299.53 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1596.4 — LA Code / Code revised-statutes / Title 40 / Section 1596.4
Specific time limits
Status: in_force

The office of state fire protection shall retain all records for the following specific time limits according to the types of occupancies:

(1) Educational, institutional, and residential occupancies--twenty years.

(2) Places of public assembly and mercantile occupancies--ten years.

(3) Business, industrial, and storage occupancies--five years.

(4) All other occupancies and records--one year.

Added by Acts 1979, No. 495, §1, eff. July 13, 1979.
La. Rev. Stat. § 40:1484.3 — LA Code / Code revised-statutes / Title 40 / Section 1484.3
Definitions
Status: in_force

As used in this Part, the following terms have the meanings specified in this Section except where the context expressly indicates otherwise:

(1) "Adult amusement attraction or amusement ride" means an attraction that is not a "child amusement attraction or amusement ride" or "kiddie amusement attraction or amusement ride".

(2) "Amusement attraction" means any building or structure around, over, or through which people may move or walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. "Amusement attraction" does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.

(3) "Amusement ride" means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" also includes any mechanized device or combination of devices of a permanent nature even though such device or combination of devices is subject to building regulations issued by cities or parishes and existing applicable safety orders. "Amusement rides" also include the following:

(a) Bungee rides or bungee operations which utilize as a component a bungee cord, which is an elastic rope made of rubber, latex, or other elastic-type materials whether natural or synthetic.

(b) Go-karts, which means a ride in which a vehicle is controlled or driven by patrons on a fixed course.

(c) Any wave pool, water slide, or other similar attraction that totally or partially immerses a patron in water.

(d) Artificial climbing walls.

(e) Zip lines.

(4) "ANSI" means the American National Standards Institute.

(5) "ASTM" means the American Society for Testing and Materials or ASTM International.

(6) "Audit" means an official inspection of an operator's actions and documentation as it relates to the coordination of inflatable amusement devices, amusement rides, and amusement attractions at an event and a set-up inspector's actions, documentation, and tagging as it relates to the set-up inspection of inflatable amusement devices, amusement rides, and amusement attractions at an event, including each operator's and set-up inspector's adherence to applicable statutes and rules.

(7) "Certificate of inspection" means a certificate or report prepared by a third-party inspector pursuant to his inspection which verifies that the inflatable amusement device, amusement attraction, or amusement ride complies with all applicable adopted laws, rules, standards, and its corresponding manufacturer's installation manuals, maintenance and service bulletins, and notices.

(8) "Certificate of registration" means a certificate issued by the office of state fire marshal upon receipt of a completed registration application, valid insurance as required by this Part, and a certificate of inspection.

(9) "Child amusement attraction or amusement ride" or "kiddie amusement attraction or amusement ride" means an amusement attraction or amusement ride designed primarily for use by children weighing ninety pounds or less per passenger unit.

(10) "Compliance inspection" means a type of inspection performed as deemed necessary by the state fire marshal or his designee, usually in conjunction with an audit or investigation, or in response to a complaint.

(11) "Employee" means a person who performs services for wages or salary from his employer.

(12) "Event" means a private or public organized occasion, where people and entertainment are usually present, which may be celebratory in nature and occurs at a temporary operation location. This shall include but not be limited to fairs, festivals, carnivals, parties, or gatherings.

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

(14) "Fixed operation location" means an operating location wherein amusement devices, amusement attractions, or amusement rides are operated for an indefinite period of time and are not often disassembled and reassembled.

(15) "Inflatable amusement device" means any amusement attraction that incorporates a structural and mechanical system that employs a high-strength fabric or film that achieves its strength, shape, and stability by pretensioning with internal air pressure for activities including, but not limited to bouncing, climbing, sliding, or interactive play, which may or may not be enclosed.

(16) "Inspect" or "inspection" means the thorough physical examination and functional testing of an inflatable amusement device, amusement attraction, or amusement ride and its component parts necessary to ensure that the device, attraction, or ride complies with all applicable adopted laws, rules, standards, and corresponding manufacturer's installation manuals, maintenance and service repair bulletins, or notices.

(17) "Investigate" or "investigation" means the thorough physical examination of an inflatable amusement device, amusement attraction, or amusement ride and its component parts by the office of state fire marshal in response to a complaint or an accident, which may or may not have resulted in injury or death, to determine the cause of the accident.

(18) "NAARSO" means the National Association of Amusement Ride Safety Officials.

(19) "Operate" means to manage and coordinate an inflatable amusement device, amusement attraction, or amusement ride at an event or a fixed operation location. The term includes management or coordination which may or may not be performed by the owner of the inflatable amusements device, amusement attraction, or amusement ride.

(20) "Operator" means a person or firm who may or may not own the inflatable amusements devices, amusement attractions, or amusement rides who is managing, coordinating, or has the duty to control the operation of the inflatable amusements devices, amusement attractions, or amusement rides at an event or a fixed operation location.

(21) "Owner" means a person or firm, or the agent of a person or firm, who owns an amusement attraction, amusement ride, or more than two inflatable amusement devices, and at least one of the person's or firm's inflatable amusement devices, amusement attractions, or amusement rides is utilized in this state.

(22) "Ride operator" means the person or persons responsible for directly supervising, monitoring, and attending to the inflatable amusement device, amusement attraction, or amusement ride, including but not limited to collecting tickets or money, ensuring the appropriate number of patrons are boarding and deboarding a ride, ensuring riders are the appropriate height, latching and securing passengers, operating a ride, starting and stopping a ride, and monitoring patrons' activities during a ride's operation to ensure their safety.

(23) "Set-up inspection" means a review of all necessary documents, including service and repair documents, the observation of and examination of the assembly, set-up, and operation of an inflatable amusement device, amusement attraction, or amusement ride, and an inspection of the foundation, blocking, fuel containers, and mechanical and electrical conditions of such a device, attraction, or ride.

(24) "Set-up inspector" means the person licensed by the office of state fire marshal to conduct the set-up inspection prior to the opening of an amusement attraction or prior to the operation of an inflatable amusement device or amusement ride at each event.

(25) "Temporary operation location" means an operating location where inflatable amusement devices, amusement attractions, or amusement rides are operated for a finite period of time not to exceed thirty days.

(26) "Testing" means the set-up and activation of an inflatable amusement device, amusement attraction, or amusement ride for the purpose of analyzing such device, attraction, or ride and its component parts for safety. This may be done in conjunction with an inspection.

(27) "Third-party inspector" means a person licensed by the office of state fire marshal to test and inspect inflatable amusement devices, amusement attractions, and amusement rides.

Added by Acts 1985, No. 733, §1; Acts 1992, No. 244, §2, eff. June 10, 1992; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:1079.1 — LA Code / Code revised-statutes / Title 40 / Section 1079.1
Medical treatment
Status: in_force

A.(1) Consent to the provision of medical or surgical care or services by a hospital or public clinic, or to the performance of medical or surgical care or services by a physician, licensed to practice medicine in this state, when executed by a minor who is or believes himself to be afflicted with an illness or disease, shall be valid and binding as if the minor had achieved his majority. Any such consent shall not be subject to a later disaffirmance by reason of his minority.

(2) A minor may consent to medical care or the administration of medication by a hospital licensed to provide hospital services or by a physician licensed to practice medicine in this state for the purpose of alleviating or reducing pain, discomfort, or distress of and during labor and childbirth. The manner of administration of medications includes but is not limited to intravenous, intramuscular, epidural, and spinal. This consent shall be valid and binding as if the minor had achieved her majority, and it shall not be subject to a later disaffirmance by reason of her minority.

B. The consent of a spouse, parent, guardian, or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize such hospital care or services or medical or surgical care or services, or administration of drugs to be provided by a physician licensed to practice medicine to such a minor.

C. Upon the advice and direction of a treating physician, or, in the case of a medical staff, any one of them, a physician or member of a medical staff may, but shall not be obligated to, inform the spouse, parent or guardian of any such minor as to the treatment given or needed, and such information may be given to, or withheld from the spouse, parent or guardian without the consent and over the express objection of the minor.

D. No hospital and no physician licensed to practice medicine in this state shall incur civil or criminal liability in connection with any examination, diagnosis and treatment authorized by this Section except for negligence.

Added by Acts 1972, No. 182, §1; Acts 1994, 3rd Ex. Sess., No. 18, §2, eff. July 6, 1994; Acts 2001, No. 884, §1; Redesignated from R.S. 40:1095 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:630 — LA Code / Code revised-statutes / Title 40 / Section 630
Carriers in interstate commerce; excepted from Part
Status: in_force

Carriers engaged in interstate commerce are not subject to the provisions of this Part, other than R.S. 40:629, by reason of their receipt, carriage, or delivery of food, drugs, devices, cosmetics, or advertising matter in the usual course of business as carriers.
La. Rev. Stat. § 40:600.65 — LA Code / Code revised-statutes / Title 40 / Section 600.65
Applicable laws to Road Home Corporation
Status: in_force

The Road Home Corporation shall be subject to the Public Records Law, the Open Meetings Law, and the Code of Governmental Ethics. The Road Home Corporation is subject to examination, audit, and review by the legislative auditor.

Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2009, No. 428, §1, eff. July 7, 2009.
La. Rev. Stat. § 40:1049.10 — LA Code / Code revised-statutes / Title 40 / Section 1049.10
Transmission of information contingent on functionality of central computer monitoring system
Status: in_force

A. The transmittal of transaction information of products containing ephedrine, pseudoephedrine, and phenylpropanolamine as authorized by the provisions of this Part is contingent upon the acquisition, implementation, and operation of the central computer monitoring system.

B. No licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be required to transmit data to the central computer monitoring system until the funding for the acquisition and implementation of the central computer monitoring system has been secured through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.

C. No pharmacy, licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be held responsible for failure to transmit transaction information as required by this Part if at any time the central computer monitoring system is rendered inoperable due to natural disaster, tampering, or any other reason.

Acts 2009, No. 314, §1.
La. Rev. Stat. § 40:1223.5 — LA Code / Code revised-statutes / Title 40 / Section 1223.5
Venue; telehealth
Status: in_force

Venue in any suit filed involving care rendered via telehealth pursuant to the provisions of this Part shall be proper and instituted before the district court of the judicial district in which the patient resides or in the district court having jurisdiction in the parish where the patient was physically located during the provision of the telehealth service. The patient is considered physically located at the originating site as defined in R.S. 40:1223.3.

Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.
La. Rev. Stat. § 40:2180.25 — LA Code / Code revised-statutes / Title 40 / Section 2180.25
Rules and regulations; licensing standards
Status: in_force

A. The department shall prescribe, promulgate, and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, and to provide for all of the following:

(1) The licensure of free-standing birth centers.

(2) The health, safety, welfare, and well-being of persons receiving services at the free-standing birth centers.

(3) The safe operation and maintenance of free-standing birth centers.

B.(1) The rules, regulations, and licensing standards shall become effective upon approval by the secretary of the department in accordance with the Administrative Procedure Act.

(2) The rules, regulations, and licensing standards shall have the effect of law and shall include but not be limited to the following:

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

(b) Operational requirements.

(c) Practice standards to assure quality of care.

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

(e) Confidentiality of clients' records.

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

(g) Administration, personnel, and staffing requirements.

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

(i) License types, including provisional licenses.

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

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

(l) The requirement that each free-standing birth center be located within a ground-travel-time distance from a general acute care hospital providing obstetric services which allows for an emergency cesarean delivery to begin within thirty minutes of the decision that a cesarean delivery is necessary.

(m) Requirements for each free-standing birth center to have agreements or written policies and procedures with other agencies, institutions, or individuals for services to clients including but not limited to:

(i) Laboratory and diagnostic services.

(ii) Obstetric consultation services.

(iii) Pediatric consultation services.

(iv) Transport services.

(v) Obstetric and newborn acute care in hospitals.

(n) Requirements for each free-standing birth center to have an established consultation, collaboration, or referral system, in both emergency and non-emergency circumstances, that falls outside the scope of birth center practice, to meet the needs of a mother or baby.

(o) Requirements for transferring and transporting clients to hospitals; protocols for the transfer of any patient to a licensed hospital; and arrangements with a local ambulance for the transport of emergency patients to a licensed hospital.

(p) Requirements for documentation of adequate prenatal care during the pregnancy.

(q) Requirements for documentation and evidence that the delivery is expected to be low-risk, singleton birth, and vertex presentation.

(r) Requirements for meeting specific national standards for birth centers published or established by the American Association of Birth Centers, as well as requirements for accreditation by the Commission for Accreditation of Birth Centers.

(s) Other regulations or standards that will ensure proper care and treatment of persons receiving care and services at the free-standing birth center, that may be deemed necessary by the department for an effective administration of this Part.

C.(1) No free-standing birth center shall be required to obtain a license pursuant to this Part until the initial rules, regulations, and licensing standards are promulgated by the Louisiana Department of Health pursuant to the Administrative Procedure Act.

(2) Each entity that meets the definition of free-standing birth center as defined in this Part shall submit an initial licensing application and fee to the department within ninety days of the promulgation of the initial rules, regulations, and licensing standards. If the entity is not licensed within one hundred twenty days after submission of its initial licensing application and fee, the entity shall cease operations until such time as it is licensed as a free-standing birth center by the department.

Acts 2019, No. 332, §1, eff. June 11, 2019; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:1061.1.3 — LA Code / Code revised-statutes / Title 40 / Section 1061.1.3
Louisiana Unborn Child Protection from Dismemberment Abortion Act
Status: in_force

A. This Section shall be known and may be cited as the "Louisiana Unborn Child Protection from Dismemberment Abortion Act".

B. Repealed by Acts 2022, No. 545, §4.

C.(1) Notwithstanding any other provision of law, it shall be unlawful for any person to intentionally perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child's mother.

(2) No woman upon whom an abortion is performed or attempted to be performed shall be thereby liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician shall be thereby liable for performing or attempting to perform a dismemberment abortion.

D. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or both. In addition to whatever remedies are otherwise available under the laws of this state, failure to comply with the provisions of this Section shall provide all of the following:

(1) A basis for a cause of action for civil damages for injuries and wrongful death as more fully set forth in Civil Code Articles 2315.1 and 2315.2, whether or not the unborn child was viable at the time the abortion was performed, or was born alive, except that such causes of action shall be maintained only by the following persons:

(a) The natural or biological father of the aborted infant or fetus, unless such father's criminal conduct caused the pregnancy.

(b) The mother of the aborted infant or fetus, subject to the provisions of Subsection F of this Section.

(c) The parents or guardian on behalf of the mother of the aborted infant or fetus if the mother was a minor at the time of the abortion, unless the parents or guardian consented to the dismemberment abortion.

(2) A basis for professional disciplinary action under R.S. 37:1261 et seq.

E.(1) A physician charged with an offense pursuant to this Section may seek a hearing before the Louisiana State Board of Medical Examiners on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

(2) The findings concerning the issue provided for in Paragraph (1) of this Subsection are admissible on that issue at the trial of the physician. Upon motion of the physician, the court shall delay the beginning of the trial for not more than thirty days to permit such hearing to take place; however, this delay may be extended for good cause.

F. When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed.

G. Any person who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a dismemberment abortion, shall be subject to the provisions of this Section.

H. Nothing in this Section shall be construed as creating or recognizing a right to abortion, or a right to a particular method of abortion.

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

Acts 2016, No. 264, §1; Acts 2022, No. 545, §§3, 4, 6C; Redesignated from R.S. 40:1061.1.1.

NOTE: Former R.S. 40:1061.1.3 redesignated as R.S. 40:1061.1.5 by Acts 2022, No. 545, §6C.
La. Rev. Stat. § 40:1231.10 — LA Code / Code revised-statutes / Title 40 / Section 1231.10
Medical review panel; one panel for state and private claims
Status: in_force

The following provisions shall apply when, for the same injury to or death of a patient, a malpractice claim alleges liability of both a state health care provider under the provisions of this Part and a health care provider under the provisions of Part IV of this Subchapter:

(1) Unless all parties have agreed otherwise, only one medical review panel shall be convened in such instance to review the claims under this Part and Part IV of this Subchapter.

(2) The panel shall consist of a single attorney chairperson and three health care providers who hold unlimited licenses to practice their profession in Louisiana.

(3) The panel shall be considered a joint medical review panel, and its actions shall be deemed to have the same force and effect as if a separate medical review panel had been convened under each of the respective Parts.

(4) The panel shall be governed by the law applicable under both Parts. In the event of a procedural conflict between the provisions of the Parts, the provisions of R.S. 40:1231.8 shall govern.

Acts 2004, No. 183, §1, eff. June 10, 2004; Redesignated from R.S. 40:1299.49 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2254.10 — LA Code / Code revised-statutes / Title 40 / Section 2254.10
Enforcement by attorney general
Status: in_force

The attorney general may bring an action in the name of the state against a person or persons to whom a certificate has been issued in order to enforce any terms or conditions imposed by the department upon the issuance of the certificate, to enjoin the violation of the terms or conditions, or to enjoin any material violation of or deviation from the terms of the cooperative, merger, joint venture, or consolidation agreement submitted to and approved by the department. The action may be brought in the district court of any judicial district in which a person or persons to whom a certificate has been issued reside or maintain a principal place of business or, with the consent of the parties, in the Nineteenth Judicial District Court.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:1081.4 — LA Code / Code revised-statutes / Title 40 / Section 1081.4
Cooperation of physicians and hospitals
Status: in_force

The Louisiana Department of Health may invite the cooperation of all physicians and hospitals in the state which provide maternity and newborn infant care to participate in any program established by the department under the authority of this Subpart.

Acts 1964, No. 269, §4. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.25 — LA Code / Code revised-statutes / Title 40 / Section 1730.25
Appointment of building official or contractual arrangement for such services; affidavit for exemption
Status: in_force

Each parish and municipality shall appoint a council-certified building official or contract with other governmental entities or third parties as authorized in R.S. 40:1730.24 of this Part so that the unincorporated area of the parish is under the jurisdiction of a council-certified building official. A parish or municipality may use a certified building inspector in lieu of a certified building official for a period not to exceed four years from the date the state uniform construction code becomes effective in the parish or municipality. No building official or certified building inspector shall be appointed if he has any interest in any legal entity that performs commercial or residential construction within the jurisdiction in which he would be appointed. Nothing in this Part shall prevent a municipality or parish from appointing and employing other council-certified personnel and assistants necessary to perform the required inspections and technical duties and prescribing fees for construction permits and inspections as provided by law.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2008, No. 830, §1.
La. Rev. Stat. § 40:1505.2 — LA Code / Code revised-statutes / Title 40 / Section 1505.2
City of Springhill; additional parcel fee
Status: in_force

A. Notwithstanding any other provision of law to the contrary, the Springhill Fire Protection District No. 11 in Webster Parish, pursuant to a local services agreement, may levy a parcel fee, not to exceed six dollars per parcel per year, for purposes of securing such services by means of such an agreement.

B. The parcel fee shall be imposed by resolution or ordinance of the governing authority of the district only after the question of the imposition of the parcel fee and its purpose, rate, and duration have been approved by a majority of the voters of the district voting at an election held for such purpose in accordance with the elections laws of the state.

C.(1) Any such parcel fee shall be levied, collected, and enforced in the manner provided by R.S. 40:1505(A).

(2) "Parcel" shall have the same meaning as provided by R.S. 40:1505(D).

Acts 2007, No. 168, §1, eff. June 27, 2007.
La. Rev. Stat. § 40:2551 — LA Code / Code revised-statutes / Title 40 / Section 2551
Use of body-worn cameras
Status: in_force

No later than January 1, 2022, any law enforcement agency that utilizes body-worn cameras shall adopt a policy regarding the activation and deactivation of such cameras by the officer.

Acts 2021, No. 430, §1.
La. Rev. Stat. § 40:2254.2 — LA Code / Code revised-statutes / Title 40 / Section 2254.2
Definitions
Status: in_force

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

(1) "Certificate of public advantage" or "certificate" means a written certificate issued by the department as evidence of the department's intention that the implementation of a cooperative agreement, when actively supervised by the department, receive state action immunity from prosecution by the state or by any district attorney in the state as a violation of state or federal antitrust laws.

(2) "Cooperative agreement" or "agreement" means a written agreement between two or more health care facilities for the sharing, allocation, or referral of any one or more of the following:

(a) Patients.

(b) Personnel.

(c) Instructional programs.

(d) Emergency medical services.

(e) Support services and facilities.

(f) Medical, diagnostic, or laboratory facilities or procedures.

(g) Other services customarily offered by health care facilities.

(3) "Department" means the Department of Justice.

(4) "Health care facility" means any facility or institution, whether public or private, that offers diagnosis, treatment, and inpatient or ambulatory care to two or more unrelated persons. The term does not apply to a facility operated by religious groups relying solely on spiritual means, through prayer, for healing.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:1472.1 — LA Code / Code revised-statutes / Title 40 / Section 1472.1
Construction of Part
Status: in_force

A. The provisions of this Part are cumulative and shall not be construed as repealing or affecting any powers, duties, or authorities of the deputy secretary for public safety services of the Department of Public Safety and Corrections under any other law of this state; provided that with respect to the regulations of explosives as herein provided, in instances where the provisions of this Part may conflict with any other such law, the provisions of this Part control.

B. The provisions of this Part and regulations promulgated by the deputy secretary do not apply to the lawful purchase by a non-licensee or non-permittee twenty-one years of age or older of commercially manufactured black powder in quantities not to exceed five pounds, or quantities not to exceed twenty-five pounds if purchased by a member of a bona fide artillery unit of historical reenactors, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16) or in antique devices as exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2009, No. 391, §1.
La. Rev. Stat. § 40:1730.37 — LA Code / Code revised-statutes / Title 40 / Section 1730.37
Injunction to restrain person from violating this Part
Status: in_force

If the council has reason to believe that a person is violating or intends to violate a provision of this Part, in addition to other remedies, it may order the person immediately to refrain from the conduct. The council may apply to the district court of the parish for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue other orders in the matter it considers proper. No bond is required of the council by the court as a condition to the issuance of an injunction or other order pursuant to this Part.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
La. Rev. Stat. § 40:2193 — LA Code / Code revised-statutes / Title 40 / Section 2193
Short title
Status: in_force

This Part may be cited as the "Pediatric Day Health Care Facility Licensing Law".

Acts 2004, No. 432, §1, eff. June 24, 2004.
La. Rev. Stat. § 40:1356 — LA Code / Code revised-statutes / Title 40 / Section 1356
Limitation of liability; reporting impaired applicants for license or licensed drivers; confidentiality
Status: in_force

A. As used in this Part, "health care provider" means and includes any person defined in R.S. 40:1231.1(A), and "board" means the Louisiana Medical Advisory Board.

B. No person shall have a cause of action for damages or loss against any health care provider nor shall any criminal liability be imposed as a result of a report by the health care provider to the Department of Public Safety and Corrections or the Louisiana Medical Advisory Board of any visual ability or physical condition, impairment, or disability of an applicant for a driver's license or of a licensed driver, which may impair such person's general ability to exercise ordinary and reasonable control in the operation of a motor vehicle, whether the health care provider is statutorily mandated to make such a report or whether such report is made voluntarily, when the health care provider is acting without malice and in the reasonable belief that such action is warranted to protect the public.

C. No person shall have a cause of action for damages or loss against any member of the board for his actions as a result of his official duties when the member of the board is acting without malice and in the reasonable belief that such action is warranted by the information as presented to the board.

D. A health care provider who conducts an examination of an applicant for a driver's license or of a licensed driver, at the board's request, relative to an individual's general ability to exercise ordinary and reasonable control in the operation of a motor vehicle, shall not be liable for damages or loss as a result of his report to the board nor shall such health care provider be considered a guarantor of the applicant's or licensed driver's ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

E.(1) Any office of motor vehicles employee or agent in the performance of his duties related to drivers' licenses, law enforcement officer, health care provider, or any family member having first-hand knowledge of any condition of an applicant for a driver's license or of a licensed driver may file a report with the Department of Public Safety and Corrections stating that he believes an applicant for a driver's license or a licensed driver is unable to safely operate a motor vehicle.

(2) The report shall state that the person reasonably and in good faith believes an applicant for a driver's license or a licensed driver cannot safely operate a motor vehicle and shall be based upon personal observation or physical evidence which shall be described in the report, or the report shall be based upon an investigation by a law enforcement officer. The report shall be a written declaration in the form prescribed by the Department of Public Safety and Corrections and shall include the name, address, telephone number, and signature of the person making the report.

(3) Upon receipt of the report, the Department of Public Safety and Corrections shall send written notification to the applicant for a driver's license or the licensed driver requiring him to submit to a medical examination. The medical examination shall be conducted, and the completed medical examination form shall be submitted to the department not later than thirty days after the date written notification of the need for a medical examination is sent. Upon receipt of the examination form or lapse of the thirty days if no form is received, the department shall take appropriate action as provided in R.S. 32:424 against the applicant for a driver's license or the licensed driver.

(4) No person, nor the Department of Public Safety and Corrections, nor the board shall be liable for damages or loss as a result of the failure to file a report or the failure to act upon or investigate a report.

(5) Any person who makes a report pursuant to this Section shall be immune from any criminal or civil liability that otherwise might result from making the report when that person is acting without malice and in the reasonable belief that such action is warranted to protect the public.

Acts 1988, No. 702, §1, eff. July 15, 1988; Acts 1995, No. 1079, §1; Acts 2001, No. 806, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2852 — LA Code / Code revised-statutes / Title 40 / Section 2852
Facilities providing treatment, housing, or temporary residence to individuals referred by judicial agencies
Status: in_force

A. Any facility, including pretrial diversion facilities, not otherwise required to be licensed by the Louisiana Department of Health or the Department of Children and Family Services, that provides housing or temporary residence for individuals who have been arrested for the commission of a crime and who are referred by any judicial agency, as defined in this Section, shall be regulated by rules adopted and enforced by the Department of Public Safety and Corrections for the operation of these facilities.

B. The rules shall include but not be limited to providing for the construction, standards of operation, and services provided for these facilities. All rules shall be adopted in accordance with the Administrative Procedure Act.

C.(1) No facility shall provide housing or temporary residence to any individual and no judicial agency shall refer any individual to a facility providing housing or temporary residence until the Department of Public Safety and Corrections has adopted rules and has inspected the facility and certified that the facility is in compliance with these rules as provided for by this Section.

(2) No facility shall provide treatment to any individual and no judicial agency shall refer any individual to a facility providing treatment until the Louisiana Department of Health has adopted rules and has inspected the facility and certified that the facility is in compliance with these rules as provided for by this Section.

D. For the purposes of this Chapter, "judicial agency" means the sheriff, sheriff's department, or district court and officers thereof, including the district judge, the prosecutor, and district attorneys. Judicial agency referral residential facilities shall not participate in sheriffs' work release programs nor shall they receive funding from the state.

E. Repealed by Acts 2017, No. 107, §2.

Acts 2006, No. 660, §1, eff. June 29, 2006; Acts 2008, No. 437, §1; Acts 2010, No. 493, §1; Acts 2015, No. 447, §1; Acts 2017, No. 107, §§1, 2; Acts 2025, No. 328, §1.
La. Rev. Stat. § 40:5.5 — LA Code / Code revised-statutes / Title 40 / Section 5.5
Sanitary inspections of certain food service establishments; food safety certificates
Status: in_force

A. The Louisiana Department of Health shall charge only one sanitary inspection fee for the first two permits issued in accordance with the sanitary code for businesses that possess a valid local or state Class R permit and operate primarily as a restaurant. The fee provided for in this Subsection for the first two shall not exceed the fee assessed for the first permit according to administrative regulations in effect on September 3, 1989.

B. No person, other than a representative of the restaurant, shall be notified by the department of the time and place of the inspection prior thereto.

C. The state health officer and the office of public health of the Louisiana Department of Health shall require, at a minimum, the owner or a designated employee of a food service establishment to hold a food safety certificate; however, the state health officer and the office of public health of the Louisiana Department of Health shall not require more than one owner or employee per establishment to hold a food safety certificate. Provisions for the issuance and renewal of such certificate shall be made part of the state's Sanitary Code in accordance with the provisions of R.S. 40:4 and the following requirements, conditions, and authorizations:

(1) The office of public health shall approve training programs for applicants which impart and test knowledge of the nature, prevention, and control of foodborne illness transmission and of methods for identifying and monitoring critical control points for safeguarding the production, processing, preparation, and serving of food. Such training programs shall include but not be limited to instructions in the standards set forth in the Applied Food Service Sanitation Program established by the Educational Foundation of the National Restaurant Association or other programs recognized in the food service industry. The office of public health shall approve training programs administered or approved by another state, a political subdivision, or other jurisdiction with standards that meet or exceed those established by this Subsection.

(2) A food safety certificate shall be issued to any person who files an application upon a form and in such a manner as prescribed by the Sanitary Code if such person furnishes satisfactory evidence that he has completed an approved training program or has passed a written examination provided by the individual or group providing approved training programs.

(3) A fee, not to exceed twenty-five dollars, may be imposed on and collected from an individual or a food service establishment for a food safety certificate to defer expenses in the administration of this Subsection.

(4) Renewal of the food safety certificate shall be required every five years.

(5) Display of a current, duly issued food safety certificate in the food service establishment shall be required.

(6) Any food service establishment whose food sales are less than one hundred twenty-five thousand dollars annually shall not be required to comply with this Subsection until July 1, 2002. However, any such establishment may apply for such certificate prior to such date.

D. No parish or municipality shall adopt or enforce any ordinance or regulation requiring a food service establishment or any of its employees to complete a food safety training program or test.

E.(1) For purposes of this Section, except as provided in Paragraph (2) of this Subsection, "food service establishment" means an establishment which prepares food for human consumption, either for individual service or for a group of people, whether consumption is on or off the premises and regardless of whether there is a charge for the food.

(2) The term "food service establishment" shall not include any of the following:

(a) A private home where food is prepared or served for individual family consumption.

(b) A private club where food is prepared and served exclusively for member consumption.

(c) Religious or charitable food sales.

(d) An establishment that heats or prepares boudin or sausage for personal consumption.

(e) A bar or lounge that serves beverages only.

(f) A temporary or seasonal establishment.

(g) A bed and breakfast operation.

(h) A nursing facility.

(i) A public, private, or parochial school.

F, G. Repealed by Acts 2022, No. 271, §7.

Acts 1989, No. 732, §1; Acts 1997, No. 1206, §1; Acts 1999, No. 647, §1, eff. July 1, 1999; Acts 2001, No. 506, §1; Acts 2003, No. 370, §1; Acts 2004, No. 608, §1; Acts 2022, No. 271, §§4, 7.
La. Rev. Stat. § 40:456 — LA Code / Code revised-statutes / Title 40 / Section 456
Security of persons and property
Status: in_force

A local housing authority may:

(1) Construct and operate facilities and programs to provide services of every kind and description, directly or by contract or agreement with others, for the maintenance of safety and security and the protection of persons and property at or near the authority's developments.

(2) Make, impose, and enforce rules and regulations for such purposes.

(3) Eject from such developments or other authority property, persons engaging in criminal activity and other unauthorized persons.

(4) Obtain injunctions, sanctions, and other legal relief for the temporary or permanent exclusion of such persons, as authorized in R.S. 40:510.

Amended by Acts 1950, No. 401, §11; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1484.25 — LA Code / Code revised-statutes / Title 40 / Section 1484.25
Exemptions
Status: in_force

The following inflatable amusement devices, amusement attractions, or amusement rides are exempt from the provisions of this Part:

(1) Non-mechanized playground equipment including but not limited to swings, seesaws, stationary spring-mounted animal features, underpropelled merry-go-rounds, climbers, slides, trampolines, swinging gates, and physical fitness devices except where an admission fee is charged for usage or an admission fee is charged to areas where such equipment is located.

(2) An inflatable amusement device, amusement attraction, or amusement ride which is owned and operated by a nonprofit religious, educational, or charitable institution or association if such attraction or ride is located within a building subject to inspection by the state fire marshal or his designee.

(3) Coin-operated mechanical devices occupying less than thirty-six square feet of floor space.

(4) Non-motorized rides and attractions.

Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1281.21 — LA Code / Code revised-statutes / Title 40 / Section 1281.21
Secretary; powers; sewage discharges; certain waters
Status: in_force

A. The secretary shall establish such standards, guidelines, or criteria as he deems necessary or appropriate to prohibit, control, or abate the discharge of untreated or improperly treated sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, and their drainage basins, and into all estuaries, streams, canals, and water courses within the state which empty into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage basins. However, the secretary may not authorize any such discharges into the Mississippi River.

B. The secretary shall ascertain and determine the sufficiency of the sewage treatment of commercial and residential dwellings, including camps, which drain or empty into any of the waters described in Subsection A of this Section.

C. The secretary shall adopt and promulgate rules and regulations consistent with the general intent and purposes of this Subpart, in accordance with the Administrative Procedure Act, to prevent water pollution of any of the waters described in Subsection A of this Section, from untreated or improperly treated sewage, notwithstanding any other provision of law establishing any special sewage or water districts or commissions.

Acts 1991, No. 300, §1; Acts 1993, No. 681, §1; Acts 1999, No. 289, §§1, 2; Redesignated from R.S. 40:1152 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2199.15 — LA Code / Code revised-statutes / Title 40 / Section 2199.15
Healthcare workplace violence prevention plans
Status: in_force

A.(1) Each regulated entity shall develop and maintain a workplace violence prevention plan that includes, at minimum, all of the following resources:

(a) Resources for ongoing education on the issue of workplace violence.

(b) Resources for prevention of workplace violence.

(c) Resources on responding to incidents of workplace violence and debriefing with respect to such incidents and responses thereto.

(2) Each healthcare workplace violence prevention plan developed pursuant to this Section shall address and encompass all of the following:

(a) Personnel education and policies requiring all healthcare workers who provide direct care to patients to receive, at least annually, education and training in a format that provides an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan. The education and training delivered pursuant to a workplace violence prevention plan shall cover topics including but not limited to all of the following:

(i) How to recognize the potential for violence to occur.

(ii) When and how to seek assistance to prevent or respond to violence.

(iii) How to report violent incidents to law enforcement.

(iv) Resources available to employees for coping with incidents of workplace violence.

(b) A system for responding to and investigating violent incidents and situations involving violence.

(c) A system for regularly, and not less than annually, assessing and improving upon factors that may contribute to or help in preventing workplace violence. This system shall address, without limitation, all of the following aspects of the workplace:

(i) Staffing, including staffing patterns that may contribute to, or be insufficient to address, the risk of violence.

(ii) Sufficiency of security systems including alarms, emergency response systems, and availability of security personnel.

(iii) Job design, equipment, and facilities.

(iv) Security risks associated with particular units of the workplace, areas of the regulated entity's facility with uncontrolled access, late night or early morning shifts, and areas surrounding the facility such as employee parking areas.

(d) A requirement that the regulated entity maintain and make available to its employees a written safety and security plan.

B. The department may prescribe additional required content beyond the material required by Subsection A of this Section for workplace violence prevention plans.

C. Each regulated entity shall orient all permanent and temporary employees of the entity's facility to the workplace violence prevention plan of the entity.

D. Each regulated entity shall maintain its workplace violence prevention plan in effect at all times.

Acts 2022, No. 461, §1, 2B.
La. Rev. Stat. § 40:1792 — LA Code / Code revised-statutes / Title 40 / Section 1792
Possession of unidentifiable firearm; particular penalties; identification of source of firearm
Status: in_force

A. No person shall intentionally receive, possess, carry, conceal, buy, sell, transfer, or transport any firearm which has been illegally obtained or from which the serial number or individual identifying mark, as required by R.S. 40:1788, has been intentionally obliterated, altered, removed, or concealed.

B. The provisions of this Section shall not apply to any firearm which is an antique or war relic and is inoperable or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade, or which was originally manufactured without such a number.

C. Except as otherwise provided in this Section, whoever violates the provisions of this Section may be fined not more than one thousand dollars and shall be imprisoned at hard labor for five years without benefit of probation, parole, or suspension of sentence.

D. Prior to sentencing for a conviction under this Section, the defendant shall be given the opportunity to identify the source of the firearm upon which the conviction was based. If the defendant reveals the identity of the source of the weapon and the identity of the source is confirmed by the prosecutor or the court, the defendant shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

E. Nothing in this Section shall be construed to prevent the prosecution of an individual who obtained the firearm by theft, robbery, deception, or by other unlawful means from the lawful owner of the firearm.

F. Any illegally obtained firearm or a firearm from which the serial number or identifying mark required by R.S. 40:1788 has been obliterated or altered is hereby declared to be contraband and shall be seized by the law enforcement agency of jurisdiction. If it is determined that a person other than the owner was responsible for removing, altering, or obliterating the serial number or identifying mark, the firearm shall be returned to its lawful owner or may be disposed of according to law but only after a new serial number has been permanently fixed on the firearm. If a new serial number is not so affixed, the firearm shall be destroyed by the law enforcement agency in possession of the firearm.

Acts 1994, 3rd Ex. Sess., No. 29, §1.
La. Rev. Stat. § 40:1641 — LA Code / Code revised-statutes / Title 40 / Section 1641
Purpose
Status: in_force

A. The legislature hereby finds that existing high rise buildings which do not have fire protection sprinkler systems represent a serious threat to life and property. High rise building fires are particularly dangerous due to the fact that present fire fighting apparatus can only reach floor levels below seventy-five feet in height, leaving upper floors in high rise facilities vulnerable to the unchecked spread of fire, thereby endangering the occupants of those upper floor levels.

B. It is therefore the policy of this state in order to protect life and property from the hazards of fire and panic which may arise from fire or from the threat of fire in high rise buildings to require existing high rise buildings to be protected throughout by an approved fire protection sprinkler system.

Acts 1988, No. 422, §2.
La. Rev. Stat. § 40:599.3 — LA Code / Code revised-statutes / Title 40 / Section 599.3
General
Status: in_force

A. The provisions of this Part shall be liberally construed to accomplish its purposes.

B. The powers granted to and under this Part are supplemental to powers granted to an authority under any other law.

C. The provisions of this Part do not authorize an authority to:

(1) Exercise the power of eminent domain.

(2) Impose any tax or special assessment.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:2867 — LA Code / Code revised-statutes / Title 40 / Section 2867
Pharmacy benefit manager; regulation by commissioner of insurance; applicability of the Louisiana Insurance Code
Status: in_force

A. Every pharmacy benefit manager that does business in this state shall be licensed as required by the Louisiana Insurance Code.

B. Every pharmacy benefit manager licensed by the commissioner of insurance shall abide by the provisions of the Louisiana Insurance Code and the rules and regulations of the Department of Insurance regarding the pharmacy benefit manager's business regulated by the commissioner of insurance.

Acts 2019, No. 124, §3, eff. July 1, 2020.
La. Rev. Stat. § 40:755 — LA Code / Code revised-statutes / Title 40 / Section 755
Shortage of vitamin; procedure for waiver
Status: in_force

Whenever any person subject to the provisions of this Part submits to the secretary of the department an affidavit claiming a shortage or imminence of shortage of any vitamin added to or to be added to oleomargarine as required by this Part, the department shall request information from the federal agency responsible for information concerning the availability of that vitamin. If factual information from the federal source can be obtained within ten days, it shall be considered as final and the department shall act thereon. If the information from the federal agency is not available within ten days, the department shall call a public hearing, to be held within ten days after notice. If the testimony presented shows that the sale and distribution of oleomargarine may be substantially impeded by the enforcement of the provisions of this Part, the department shall authorize the sale and distribution of oleomargarine until adequate supplies of the vitamins become available, in the judgment of the department, based on information from the federal agencies or testimony at a public hearing.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1103.3 — LA Code / Code revised-statutes / Title 40 / Section 1103.3
Standard written summary of breast cancer alternatives
Status: in_force

A. Pursuant to the provisions of this Part and no later than March 1, 2000, the department, in consultation with the Louisiana Cancer Advisory Board, shall develop a standard written summary of the advantages, disadvantages, risks, and descriptions of the procedures regarding medically viable and efficacious alternative methods of treatment for breast cancer including surgical, radiological, or chemotherapeutic treatments or combinations thereof. Thereafter, the department shall review and, if necessary, revise the summary every three years; however, the department shall revise the summary prior to the three-year review if the department determines that new or revised information should be included in the summary.

B. At a minimum, the summary shall incorporate all of the following:

(1) Information regarding any method of treatment for breast cancer that is in the investigational or clinical trial stage and is recognized for treatment by the Physician's Data Query of the National Cancer Institute.

(2) Available telephone numbers, including but not limited to, toll-free numbers for the National Cancer Institute and the American Cancer Society, to allow a breast cancer patient to obtain current information.

(3) A discussion of breast cancer reconstruction surgery, including but not limited to problems, benefits, and alternatives.

(4) Statistics on the incidence of breast cancer.

C.(1) The summary shall be developed using layman's terminology and shall be written in generally understandable language.

(2) The board shall have the summary printed and the printed copies made available to physicians and surgeons upon their request. Furthermore, the board shall establish a distribution system for the summary that is linked to the renewal of a physician's license.

Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.153 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:2530.2 — LA Code / Code revised-statutes / Title 40 / Section 2530.2
Short title
Status: in_force

This Chapter shall be known or may be cited as the "Silver Alert Act".

Acts 2008, No. 453, §1.
La. Rev. Stat. § 40:599.15 — LA Code / Code revised-statutes / Title 40 / Section 599.15
Money and proceeds
Status: in_force

A. Except as provided in Subsections C and D of this Section, money received by an authority as payment of taxes, penalties, or interest, or from the redemption or sale of property subject to a tax lien of any taxing unit, shall be returned to the tax collector in the jurisdiction where the property is located for distribution on a pro rata basis to the appropriate taxing units in an amount equal to delinquent taxes, penalties, and interest owed on the property.

B. Proceeds received by an authority may be retained by the authority for the purposes of this Part, unless otherwise designated by:

(1) An agreement of the authority.

(2) The provisions of a deed.

(3) This Subtitle.

(4) Any other law.

C. Money received by an authority as payment of taxes, penalties, or interest, or from the redemption or sale of property subject to a tax lien of any taxing unit may be retained by an authority under a written agreement with a local government or a law enacted by the legislative body of a local government.

D.(1) To facilitate a transfer of real property to an authority, the governing body for the jurisdiction where the real property is located may release any liens for unpaid real property taxes or other charges and assessments imposed by the governing body to which the property would be otherwise subject, if:

(a) The total amount of liens for unpaid real property taxes, charges, and assessments imposed with respect to the property exceeds the lesser of the total value of the land and any improvement on the land as last determined by the tax assessor of the governing body or as determined by an appraisal report prepared, not more than six months before the request for the release of the lien, by a real estate appraiser who is licensed.

(b) The tax collector for the local government has sold real property at a tax sale, but the tax sale certificate has become void.

(2) The code of enforcement office, housing, department, or equivalent department or agency of the local government of the jurisdiction where the tax lien is held certifies that the property:

(a) Is a vacant lot.

(b) Has a building or structure that is:

(i) Vacant.

(ii) Unsafe or unfit for habitation.

(3) The authority finds that a transfer under this Section is necessary:

(a) To eliminate a blighting influence.

(b) To prevent the tax abandonment of a property.

E. The release of a lien for real property taxes, charges, or assessments as authorized under Paragraph (1) of this Subsection does not abate the transferor's liability for the remaining amount of the tax debt.

F. The governing body of a jurisdiction may set additional standards and requirements for approval of the release of liens under this Section.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:4.4 — LA Code / Code revised-statutes / Title 40 / Section 4.4
Italian food; preparation in traditional manner for public consumption
Status: in_force

Notwithstanding any contrary provisions of the state sanitary code or any contrary provision of any other law or regulation, it shall be lawful to prepare Italian food in the traditional manner for public consumption at recognized outdoor Louisiana festivals, including preparation and display in the open for service to the public at such public gatherings. This Section shall not be construed to allow the sale or distribution of any unwholesome food.

Added by Acts 1983, No. 51, §1.
La. Rev. Stat. § 40:718 — LA Code / Code revised-statutes / Title 40 / Section 718
Each separate plant subject to inspection or permit fee
Status: in_force

For purposes of this Part, each plant or place where soft drinks, malt beverages, or other nonalcoholic beverages are manufactured for sale is considered a separate and distinct business, subject to the inspection or permit fees provided for in this Part, even though the plants or places may be owned or operated by one person.

Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
La. Rev. Stat. § 40:2024.2 — LA Code / Code revised-statutes / Title 40 / Section 2024.2
Definitions
Status: in_force

For the purposes of this Part, the following terms have the following meanings ascribed to them, unless the context clearly indicates otherwise:

(1) "Adult" means any individual eighteen years of age or older, or any person under the age of eighteen who has been emancipated by marriage or otherwise.

(2) "Dating partner" means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. "Dating partner" shall not include a casual relationship or ordinary association between persons in a business or social context.

(3) "Domestic abuse" includes but is not limited to physical or sexual abuse and any offense against the person, physical or nonphysical, as defined in the Louisiana Criminal Code, except negligent injury and defamation, committed by one family member, household member, or dating partner against another. "Domestic abuse" also includes sexual abuse as defined in R.S. 15:1503.

(4) "Domestic abuse fatality" means any death of a person resulting from an incident of domestic abuse or attempted domestic abuse, including the death of a person who is not a family member, household member, or dating partner of the perpetrator, or the suicide of a person where there are implications that a person is the victim of domestic abuse prior to his suicide. For the purposes of this Section, "domestic abuse fatality" shall be interpreted broadly to give the Domestic Abuse Fatality Review Panel discretion to review fatalities that have occurred both directly or peripherally to domestic relationships.

(5) "Family member" means spouses, former spouses, parents, children, stepchildren, unborn children, foster parents, foster children, other ascendants, and other descendants. "Family member" also means the other parent or foster parent of any child or foster child of the offender.

(6) "Household member" means any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.

(7) "Review" means an examination or re-examination of information regarding a deceased person from relevant agencies, professionals, healthcare providers, or other sources.

Acts 2021, No. 320, §2, See Act.
La. Rev. Stat. § 40:1075.4 — LA Code / Code revised-statutes / Title 40 / Section 1075.4
Emergency Medical Services for Children Program; establishment; administration; functions
Status: in_force

A. There is established within the Louisiana Department of Health, the Emergency Medical Services for Children Program.

B. The secretary shall hire a full-time coordinator for the EMSC program who:

(1) Shall implement the EMSC program.

(2) May employ professional, technical, research, and clerical staff as necessary within the limits of available appropriations.

(3) May solicit and accept grants of funds from the federal government and from other public and private sources.

C. The EMSC program shall include, but not be limited to, the establishment of the following:

(1) Initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children.

(2) Guidelines for referring children to the appropriate emergency treatment facility.

(3) Pediatric equipment guidelines for pre-hospital care.

(4) Guidelines for hospital-based emergency departments appropriate for pediatric care to assess, stabilize, and treat critically ill infants and children, either to resolve the problem or to prepare the child for transfer to a pediatric intensive care unit or a pediatric trauma center.

(5) Guidelines for pediatric intensive care units, pediatric trauma centers, and intermediate care units fully equipped and staffed by appropriately trained critical care pediatric physicians, surgeons, nurses, and therapists.

(6) An inter-hospital transfer system for critically ill or injured children.

(7) Pediatric rehabilitation units staffed by rehabilitation specialists and capable of providing any service required to assure maximum recovery from the physical, emotional, and cognitive effects of critical illness and severe trauma.

Acts 1995, No. 1306, §1; Acts 2013, No. 184, §4(A); Redesignated from R.S. 40:1300.104 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:682 — LA Code / Code revised-statutes / Title 40 / Section 682
Qualifications for license; sterilization process
Status: in_force

A. The department shall issue the license required in R.S. 40:681 to any applicant upon receipt of such evidence as it requires to show that the applicant is properly equipped and maintains and uses the method provided for in Subsection B of this Section in cleansing and sterilizing the containers.

B. All containers shall be cleansed, sterilized, and freed from rust and contamination by soaking them for a period of not less than five minutes in a hot caustic solution of not less than one hundred twenty degrees Fahrenheit, which shall be indicated by a thermometer. This solution shall contain not less than two and one-half percent of caustic soda expressed in terms of sodium hydrates. The containers shall then be thoroughly rinsed in pure water. The cleansing solution shall be changed frequently so as to prevent it from becoming foul and unsanitary.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1173.6 — LA Code / Code revised-statutes / Title 40 / Section 1173.6
Violations; penalties
Status: in_force

A. All state agencies and health professional licensing, certification, or registration boards and commissions, which collect, maintain, or distribute health data, shall provide to the department such data as are necessary for the department to carry out its responsibilities as defined in this Subpart.

B. All healthcare providers licensed by the state, including but not limited to hospitals, outpatient surgical facilities, and outpatient clinical facilities shall submit information in the manner and form prescribed in rules and regulations promulgated by the department pursuant to this Subpart.

C. Any person, firm, corporation, organization, or institution that violates any of the provisions of this Subpart or any rules and regulations promulgated thereunder regarding patient confidentiality of information shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment not exceeding one month, or both. Each day of the violation shall constitute a separate offense.

D. Any person, firm, corporation, organization, or institution knowingly violating any of the provisions of this Subpart or any rules and regulations promulgated thereunder shall be guilty of a misdemeanor and upon a plea of guilty, a plea of nolo contendere or conviction, shall be punished by a fine of not more than one thousand dollars.

E. Renewal of state licenses issued by the Louisiana Department of Health, Department of Insurance, or health professional licensing, certification, or registration boards and commissions shall be predicated in part on compliance with data reporting requirements of this Subpart and rules and regulations promulgated thereunder. Prior to relicensing, the secretary shall confirm compliance with data reporting requirements in writing to the appropriate permitting or licensing authority. The permit, certification, or license of any healthcare provider, health plan, or facility covered by this Subpart shall be suspended until such time as the required data is submitted to the department.

Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.116 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1011 — LA Code / Code revised-statutes / Title 40 / Section 1011
Rules and regulations
Status: in_force

In accordance with the Administrative Procedure Act, R.S. 49:950 et seq., the board shall promulgate rules and regulations necessary to implement the provisions of this Part.

Acts 2006, No. 676, §1, eff. July 1, 2006.
La. Rev. Stat. § 40:1914 — LA Code / Code revised-statutes / Title 40 / Section 1914
Powers and duties of commission
Status: in_force

A. The Liquefied Petroleum Gas Commission is vested with the authority to promulgate rules and regulations governing the storage, utilization, sale or transportation of anhydrous ammonia, the fabrication and installation of systems for the storage and utilization of anhydrous ammonia, and installation of all other anhydrous ammonia equipment as the commission may deem necessary in the interest of public safety. In drafting such regulations, the commission may adopt for its own, in substance, the regulations or standards published by the Compressed Gas Association, Inc. of New York and/or the National Board of Fire Underwriters, or any other such nationally recognized agency. The rules and regulations adopted by the commission relating to the design or construction of anhydrous ammonia containers shall be in reasonable and substantial conformity with the American Society of Mechanical Engineers Code for Construction of Unfired Pressure Vessels and subsequent amendments, revisions, or modifications thereto. Such regulations shall not be extended to the manufacturers of anhydrous ammonia with respect to their operations and equipment on their plant site only, or the manufacturer of products of which anhydrous ammonia forms a component part, or the installation or storage or delivery of such gases within the plant site of any such manufacturer.

B. The Liquefied Petroleum Gas Commission is vested with the duty of administering and enforcing the provisions of this Part and the rules and regulations adopted by the commission, to employ all necessary personnel or inspectors to enforce this law and the rules and regulations adopted by the commission, and such inspectors shall have the authority to enter the premises of all manufacturers of anhydrous ammonia equipment, dealers in anhydrous ammonia and equipment, and farmers for inspection purposes from time to time as the commission deems necessary or advisable in enforcing the provisions of this law and the rules and regulations of the commission.

C. The commission shall have the right to injunctive relief to prevent the continuing violation of, or failure to comply with the law or any of the rules and regulations of the commission. Any suits for injunctive relief shall be filed in the parish in which such violations occur or in the parish in which the violator is domiciled or has his principal place of business.

Amended by Acts 1950, No. 182, §2; Acts 1952, No. 74, §4; Acts 1964, No. 412, §1; Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1354.
La. Rev. Stat. § 40:2162.4 — LA Code / Code revised-statutes / Title 40 / Section 2162.4
Licensure of community-based care facilities
Status: in_force

A. Each community-based care facility shall be licensed in accordance with the requirements of this Part and the applicable rules of the department. No facility, agency, institution, person, society, corporation, partnership, unincorporated association, group, or other legal entity providing community-based care services may be established, operated, or reimbursed through the Medicaid program unless licensed as a community-based care facility by the department.

B. A license issued to a community-based care facility shall be issued only for the owner and premises named in the license application.

C. A license issued pursuant to this Part shall be on a form prescribed by the department and shall be valid for a twelve-month period beginning the month of issuance unless revoked or otherwise suspended prior to that date.

D. A license issued pursuant to this Part shall not be transferable or assignable.

E. Each licensed community-based care facility shall post its license in a conspicuous place on the licensed premises.

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:1472.17 — LA Code / Code revised-statutes / Title 40 / Section 1472.17
Administration of Part; personnel
Status: in_force

The deputy secretary is authorized to employ such persons as he may deem qualified, consistent with applicable civil service regulations, and incur such other expenses as may be required in connection with the administration of this Part.

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
La. Rev. Stat. § 40:2404.2 — LA Code / Code revised-statutes / Title 40 / Section 2404.2
Minimum training requirements; basic curriculum; annual training
Status: in_force

A. In addition to all training requirements provided for in this Chapter, in order to be certified as a level one basic law enforcement peace officer, all persons shall successfully complete a minimum of four hundred hours of core curriculum for basic peace officers as prescribed by the council.

B.(1) All full-time, part-time, or reserve peace officers shall successfully complete a minimum of twenty hours of in-service training requirements prescribed by the council on an annual basis. All initial training requirements must be completed within the first calendar year after receiving P.O.S.T. certification and annually thereafter.

(2) Under certain circumstances, the council may modify, extend, or waive an in-service training requirement on a case-by-case basis. Requests for modifications, extensions, or waivers of annual in-service training requirements for an officer shall be in writing from the agency head directly to the council. Waivers may be considered for extended continuous medical leave or any other emergency event or events deemed as such by the council.

(3) Peace officers called to active military duty are not required to complete in-service training requirements missed during the performance of the active duty service.

(4) The council shall promulgate rules and regulations to implement the provisions of this Subsection.

C.(1) No later than January 1, 2018, the council shall develop and implement curriculum for de-escalation, bias policing recognition, sudden in-custody death, and crisis intervention training, which shall include training for law enforcement interaction with persons with mental illness and persons with developmental disabilities, for peace officers that consists of classroom or internet instruction, or both.

(2) No later than January 1, 2022, the council shall develop and implement curriculum to provide instruction for law enforcement personnel on procedural justice and duty–to–intervene matters which shall include training for law enforcement personnel that consists of classroom or internet instruction, or both.

Acts 2017, No. 210, §1, eff. June 14, 2017; Acts 2020, No. 104, §1; Acts 2021, No. 418, §2.
La. Rev. Stat. § 40:1285.3 — LA Code / Code revised-statutes / Title 40 / Section 1285.3
Mandatory reporting of lead poisoning cases required; comprehensive records
Status: in_force

A. Any local health officer, health unit supervisor, examining physician, hospital, public health nurse, or reporting person shall report to the state health officer or his designee the existence and circumstances of each case of lead poisoning known to him and not previously reported. Such reports shall be made on forms prescribed by the state health officer or his designee. The state health officer shall by regulation, and in accordance with current technical knowledge and guidelines of the United States Centers for Disease Control and Prevention, United States Environmental Protection Agency, and United States Department of Housing and Urban Development, define the terms "lead poisoning" and "previously reported" and what constitutes hazardous lead conditions in the environment.

B. When the state health officer or his designee is informed of a case of lead poisoning pursuant to Subsection A of this Section or otherwise, he shall strongly encourage the examination of all other children under the age of six years, and all other persons deemed at risk by the state health officer or his designee, residing or recently residing in the household of the person with lead poisoning. The results of such examinations shall be reported to the persons or agency reporting the original case pursuant to Subsection A of this Section, and to such other persons or agencies as the state health officer or his designee deems advisable.

Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.23 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1393 — LA Code / Code revised-statutes / Title 40 / Section 1393
Fees and rewards not to be accepted by employees
Status: in_force

No employee of the division shall accept any fee for the performance of an act in line of duty or any reward offered for the apprehension or conviction of any person or for the recovery of any property. Any fee or reward to which the employee would be entitled except for the foregoing provision shall be paid into the state treasury and credited to the State Police Retirement Fund.
La. Rev. Stat. § 40:980 — LA Code / Code revised-statutes / Title 40 / Section 980
Additional penalties
Status: in_force

Any penalty imposed for violation of this Part shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.

Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1285.2 — LA Code / Code revised-statutes / Title 40 / Section 1285.2
Collaboration with other organizations
Status: in_force

The state health officer or his designee may contract with a public agency or a university or collaborate with any agencies, individuals, or groups for the provision of necessary services, the development of educational programs, scientific research, and detection and abatement of sources of lead poisoning, subject to appropriations, and shall promulgate and from time to time amend such rules and regulations as may be necessary.

Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.22 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1730.40.2 — LA Code / Code revised-statutes / Title 40 / Section 1730.40.2
Plumbing provisions; manufactured housing
Status: in_force

Notwithstanding any provision to the contrary, all manufactured homes that are built to federal construction standards shall only be subject to the plumbing provisions in federal law. Manufactured homes shall not be subject to state plumbing regulations, regardless if the manufactured home is connected to a public or private sewer system; however, such connection shall be completed and maintained by a Louisiana licensed plumber.

Acts 2014, No. 836, §1, eff. June 23, 2014.
La. Rev. Stat. § 40:1227.6 — LA Code / Code revised-statutes / Title 40 / Section 1227.6
Remote monitoring services
Status: in_force

Remote patient monitoring services through telehealth may consist of all of the following:

(1) An assessment, problem identification, and evaluation which includes all of the following:

(a) Assessment and monitoring of clinical data, including but not limited to appropriate vital signs, pain levels, and other biometric measures specified in the plan of care and an assessment of responses to previous changes in the plan of care.

(b) Detection of condition changes based on the telehealth encounter that may indicate the need for a change in the plan of care.

(2) Implementation of a management plan through one or more of the following:

(a) Teaching regarding medication management as appropriate based on the telemedicine findings for that encounter.

(b) Teaching regarding other interventions as appropriate to both the patient and the caregiver.

(c) Management and evaluation of the plan of care including changes in visit frequency or addition of other skilled services.

(d) Coordination of care with the ordering healthcare provider regarding telehealth findings.

(e) Coordination and referral to other healthcare providers as needed.

(f) Referral for an in-person visit or the emergency room as needed.

Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:1845 — LA Code / Code revised-statutes / Title 40 / Section 1845
Director; other personnel; salaries
Status: in_force

For the enforcement of its rules and regulations and the provisions of this Part, the commission shall appoint a director and such other field inspectors as its work may require, and shall prescribe their duties and fix their compensation. It may appoint such secretarial, stenographic and clerical help as may be required to carry out the duties of the commission and shall fix their salaries.

Acts 1950, No. 63, §1.
La. Rev. Stat. § 40:477 — LA Code / Code revised-statutes / Title 40 / Section 477
Investment in bonds and authorized for public funds, financial institutions, trusts and fiduciaries
Status: in_force

The state and all public agencies therein, all banks, bankers, trust companies, savings banks, and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any monies or funds belonging to them or within their control in any bonds or other obligations issued by a housing authority, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this Chapter to authorize any of the foregoing to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; however, nothing in this Chapter shall be construed as relieving any person, firm, or corporation from any duty or exercising reasonable care in selecting securities. This Chapter shall apply notwithstanding any restrictions on investments contained in other laws.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2012.3 — LA Code / Code revised-statutes / Title 40 / Section 2012.3
Transportation of indigent patients to hospital; expenses
Status: in_force

A. Upon being shown the certificate of the superintendent of the hospital entitling an indigent tuberculosis patient to admission to a state-owned tuberculosis hospital, the parish sheriff shall arrange for the transportation of the patient to such hospital.

B. The sheriff may collect from the parish five cents per mile for the distance the patient is transported from the parish to the hospital designated. Where more than one patient is transported at a time, the sheriff shall receive five cents per mile for each patient transported. This five cents per mile shall be made to cover any means of transportation, sleeping accommodations, and sustenance of patients during their transportation. In addition to these amounts, the sheriff may collect for his own expenses an additional five cents per mile for each mile traveled in transporting the patient or patients to the hospital and in returning. The sheriff shall take the most direct route possible in going to and returning from the hospital. If any parish fails or refuses to pay the transportation charges to any sheriff justly entitled to them, the sheriff may proceed by summary writ of mandamus in the district court, without cost, against the governing authority of the parish to enforce payment.

Added by Acts 1958, No. 34, §1; Acts 2022, No. 271, §4.
La. Rev. Stat. § 40:2199.1 — LA Code / Code revised-statutes / Title 40 / Section 2199.1
Adoption of rules; violations; alternate remedies
Status: in_force

A. The Louisiana Department of Health is hereby authorized to and shall adopt rules in accordance with the Administrative Procedure Act to provide remedies for healthcare facilities which have violations of the licensure standards and requirements, of certification requirements, or of the Medicaid standards of participation. Such remedies shall include but are not limited to:

(1) Denial of Medicaid payment with respect to any individual admitted to or provided services by a facility.

(2) Denial of new admissions into the facility or by the provider.

(3) Removal from the freedom of choice list.

(4) The transfer of residents, clients, patients, or individuals receiving services.

(5) Suspension of license.

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

B. The department, by rules adopted pursuant to the Administrative Procedure Act, shall specify criteria as to when and how each remedy is to be applied, the severity of the remedies to be used in the imposition of such remedies, and the procedure and requirements for applying each remedy.

C. The department, by rules adopted pursuant to the Administrative Procedure Act, shall provide a process for an administrative appeal of remedies imposed. If the secretary of the department determines the violations of the facility pose an imminent or immediate threat to the health, welfare, or safety of any resident, client, patient, or individual receiving services, the imposition of the remedy may be immediate and may be enforced during the pendency of the administrative appeal.

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

Acts 2008, No. 518, §1, eff. June 30, 2008; Acts 2018, No. 206, §4; Acts 2022, No. 461, §2A.
La. Rev. Stat. § 40:1169.6 — LA Code / Code revised-statutes / Title 40 / Section 1169.6
Action against physician license prohibited
Status: in_force

Notwithstanding any provision of law to the contrary, the Louisiana State Board of Medical Examiners shall not revoke, fail to renew, or take any other action against the license of a physician issued pursuant to the provisions of R.S. 37:1261, et seq. based solely upon the recommendation of the physician to an eligible patient regarding, or prescription for, or treatment with, an investigational drug, biological product, or device when such recommendation, prescription, or treatment is undertaken in strict conformance with the provisions of this Subpart.

Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.426 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2162.6 — LA Code / Code revised-statutes / Title 40 / Section 2162.6
License application, issuance, and renewal; fees; inspection
Status: in_force

A. Each applicant shall submit a license application to the department on forms prescribed by the department and shall provide with the application such information as the department may require by rule.

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 license fee, the department shall perform an onsite survey and inspection. After the onsite survey and inspection, if the department finds that the applicant meets the requirements established in this Part and in the licensing standards adopted pursuant to this Part, then the department shall issue a license to the applicant.

D. As a condition for renewal of its 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 along with the annual license renewal fee pursuant to R.S. 40:2006. Upon receipt of the completed annual renewal application and the annual license renewal fee, the department shall determine whether the facility continues to meet the applicable requirements for licensure. The department may perform an onsite survey and inspection after receiving an annual renewal application. If the provider continues to meet the applicable requirements for licensure, then the department shall issue a license which shall be valid for the period specified in R.S. 40:2162.4.

E. The department may perform onsite inspections of community-based care facilities at reasonable times as necessary to ensure compliance with the requirements of this Part.

Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:5.12 — LA Code / Code revised-statutes / Title 40 / Section 5.12
Cancer investigation and intervention
Status: in_force

A. Cancer control is hereby declared to be an urgent public health priority of this state.

B. The state health officer and the office of public health of the Louisiana Department of Health are hereby authorized to operate a program of cancer investigation and subsequent intervention if sufficient funding is available for this purpose.

C. The source of monies for the cancer investigation and intervention program provided for in this Section may be any appropriation by the legislature, including appropriations of federal funds; appropriations from the Health Excellence Fund created by Article VII, Section 10.8(A)(2) of the Constitution of Louisiana, and appropriations from the Louisiana Fund created by Article VII, Section 10.9(A) of the Constitution of Louisiana; any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities; and any other monies which may be provided by law.

D. The state health officer and the office of public health of the Louisiana Department of Health shall engage and collaborate with the Louisiana Tumor Registry, the Louisiana Cancer Research Center, and the Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates in administering the cancer investigation and intervention program provided for in this Section.

E. The program provided for in this Section shall be conducted in addition to the activities of, and shall not replace or supplant, the Louisiana Cancer Prevention and Control Programs of the School of Public Health of the Louisiana State University Health Sciences Center-New Orleans.

Acts 2017, No. 373, §1.
La. Rev. Stat. § 40:2020 — LA Code / Code revised-statutes / Title 40 / Section 2020
Review of deaths of persons served by the Louisiana Department of Health
Status: in_force

A. The legislature finds that:

(1) In accordance with best practices and national trends, it is recommended that the Louisiana Department of Health through the office for citizens with developmental disabilities, the office of behavioral health, and the office of aging and adult services monitor and review deaths of persons receiving services through the offices.

(2) Collection of data on the causes and circumstances of death of these persons will enable the office for citizens with developmental disabilities, the office of behavioral health, and the office of aging and adult services to initiate quality improvement and provider remediation in long-term care services in order to reduce mortality rates.

(3) A complete review of the information obtained by the office for citizens with developmental disabilities, the office of behavioral health, and the office of aging and adult services will enable the offices to identify patterns and systemic problems to support corrective actions and quality improvements in service delivery.

B. For the purposes of this Section, the following terms shall have the following meanings:

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

(2) "Healthcare provider" means a health care provider as defined in R.S. 13:3734(A), a licensed mental health professional as defined in R.S. 40:2153, and other agencies licensed or certified by the department to deliver health care or related services.

(3) "Office" means the office for citizens with developmental disabilities, the office of behavioral health, or the office of aging and adult services within the Louisiana Department of Health.

C. The duties of the office shall be the following:

(1) In each death reviewed, the offices shall obtain data and records relevant to the causes and circumstances of death from providers, including health care providers, as well as from other sources.

(2) The offices shall identify patterns and systemic problems to determine what changes, if any, should be made in service delivery.

(3) The offices shall each prepare an annual report for public distribution. The report shall set forth aggregate information including the number of deaths reviewed, identify all provider remediation and quality improvements initiated or recommended as a result of the review, and set forth any other information as may be determined by the offices. However, the report shall not disclose names of the deceased or any entities involved or any information which would identify a particular person or entity.

D.(1) Notwithstanding any other provision of law to the contrary, the Louisiana Department of Health, and each office provided for in Paragraph (B)(3) of this Section, shall be authorized to access death certificates in the custody of the department, autopsy reports, coroner reports, and records of all service providers, including medical records in the custody of healthcare providers, of persons being served through the offices at the time of death.

(2) Notwithstanding any other provision of the law to the contrary, all records obtained by the offices in accordance with the provisions of this Section, as well as any work product, chart, or any other document prepared by the offices in death reviews, except for the annual reports required by Paragraph (C)(3) of this Section, shall be confidential, shall not be public record, and shall not be subject to subpoena. Nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding or admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.

(3) No person or entity who furnishes information to the offices pursuant to this Section shall be liable or in violation of a duty of confidentiality, provided the person or entity has acted in good faith.

Acts 2009, No. 345, §2, eff. July 6, 2009; Acts 2020, No. 77, §1, eff. June 5, 2020.
La. Rev. Stat. § 40:1733 — LA Code / Code revised-statutes / Title 40 / Section 1733
ADA Standards
Status: in_force

A. The Americans with Disabilities Act Standards for Accessible Design in effect on March 15, 2011, as adopted by the United States Department of Justice pursuant to the ADA are hereby adopted as of October 1, 2011, and requirements therein, shall be complied with.

B. The Americans with Disabilities Act Accessibility Guidelines in effect on September 1, 1994, shall remain in effect through September 30, 2011.

C. The state fire marshal shall have the power and authority to promulgate those rules and regulations as may be necessary to incorporate or adopt any subsequent amendments or additions to or editions of the ADA Standards, as it is subsequently amended or issued as a new edition adopted by the United States Department of Justice.

NOTE: §1733 eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

§1733. Standards to prevent architectural barriers

The International Building Code Chapter 11-Accessibility, as adopted by the Louisiana State Uniform Construction Code Council in accordance with R.S. 40:1730.28 and requirements therein, including the referenced ICC A117.1 Accessible and Usable Buildings and Facilities, shall be complied with.

Added by Acts 1977, No. 625, §1; Acts 1995, No. 880, §1; Acts 2011, No. 398, §1; Acts 2024, No. 534, §1, eff. July 1, 2026.
La. Rev. Stat. § 40:638 — LA Code / Code revised-statutes / Title 40 / Section 638
Duties of district attorney
Status: in_force

Each district attorney to whom the department reports any violation for institution of criminal or injunction proceedings under this Part, or to whom any health, food, or drug officer of the state or political subdivision thereof, presents evidence satisfactory to the district attorney, of any such violation, shall institute appropriate proceedings in the proper court without delay.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1423 — LA Code / Code revised-statutes / Title 40 / Section 1423
Access to evidence, documentation, and related materials
Status: in_force

A. The insurance investigation fraud unit is authorized to have direct access to information compiled by the Federal Bureau of Investigation, as contained in the National Crime Identification Center.

B. The unit is authorized to request access to evidence, documentation, and related materials located within this state pertinent to an investigation or examination and in the possession or control of an insurer or an insurance professional. The person so requested shall either make the material available to the unit or shall make the material available for inspection or examination by a designated representative of the unit.

Acts 1999, No. 1312, §4, eff. Jan. 1, 2000.
La. Rev. Stat. § 40:1664.17 — LA Code / Code revised-statutes / Title 40 / Section 1664.17
Local governing authorities; exemption
Status: in_force

A municipality or parish that has adopted and is enforcing a nationally recognized standard or code for conveyance devices may continue to enforce such standard or code, and in such instances, no additional inspections shall be required under the provisions of this Subpart; however, such standard or code shall contain requirements that are substantially equal to the fire marshal's code with respect to conveyance devices.

Acts 2018, No. 598, §1, eff. January 1, 2019.
La. Rev. Stat. § 40:2175.7 — LA Code / Code revised-statutes / Title 40 / Section 2175.7
Mandatory reports to law enforcement; human trafficking awareness and prevention training
Status: in_force

A.(1) Notwithstanding any claim of privileged communication, any mandatory reporter to law enforcement who has cause to believe that a minor or adult female who presents at an outpatient abortion facility is a victim of human trafficking, trafficking of children for sexual purposes, rape, incest, or coerced abortion shall report such crime immediately, or no later than the end of the business day, to the sheriff's department in the parish or local police department where the outpatient abortion facility is located. If the victim does not reside in the parish where the outpatient abortion facility is located, the mandatory reporter to law enforcement shall also report the crime to the law enforcement agency in the parish or county in which the victim resides, if reasonably ascertainable.

(2) The Louisiana Department of Health shall promulgate a form which may be used by a mandatory reporter to law enforcement to report a crime, pursuant to Paragraph (1) of this Subsection, to the parish or local law enforcement agency.

B.(1) Beginning August 1, 2019, every mandatory reporter to law enforcement shall certify to the Louisiana Department of Health that they have participated in a training on human trafficking awareness and prevention on an annual basis. The department shall maintain the name of each mandatory reporter to law enforcement as confidential, and such information shall not be subject to disclosure pursuant to the Public Records Law.

(2) The Louisiana Department of Health shall promulgate rules to provide for compliance of this Subsection utilizing the online educational videos on human trafficking awareness and prevention provided by the United States Department of Health and Human Services, Administration for Children and Families, office on trafficking in persons or such training tools as may be adopted by the department.

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

Acts 2019, No. 280, §3; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:1664.16 — LA Code / Code revised-statutes / Title 40 / Section 1664.16
Effect on local regulation, effective date
Status: in_force

A. Except for requirements which pertain to all types of businesses generally, no parish or municipality shall enact any new ordinance, rule, or regulation regulating firms and persons subject to licensure pursuant to this Subpart.

B. This Subpart shall supersede any existing parish or municipal ordinance, rule, or regulation requiring certification or licensure of firms and persons engaged in life safety and property protection contracting and such ordinances, rules, and regulations shall be null and void and have no effect.

C. This Subpart shall not prevent local governing authorities of any municipality or parish from enacting ordinances governing false alarm activations and responses. However, security firms and its employees and security monitoring firms and its employees shall not be subjected to or liable for civil penalties and fines assessed or imposed by a municipality or parish for false alarms.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2018, No. 598, §1, eff. May 31, 2018.
La. Rev. Stat. § 40:1379.3.2 — LA Code / Code revised-statutes / Title 40 / Section 1379.3.2
Temporary concealed handgun permit; protective order; time limitations
Status: in_force

A. A person on whose behalf the court has issued a permanent injunction or a protective order to bring about the cessation of abuse by one family member, household member, or dating partner pursuant to a court-approved consent agreement or pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children's Code Article 1570, Code of Civil Procedure Article 3607.1, or Code of Criminal Procedure Articles 30, 320, or 871.1 and which prohibits the subject of the order from possessing a firearm for the duration of the injunction or protective order pursuant to the provisions of R.S. 46:2136.3 may apply to the deputy secretary of public safety services of the Department of Public Safety and Corrections for the issuance of a temporary concealed handgun permit.

B. When submitting an application for a temporary concealed handgun permit, the applicant shall:

(1) Make sworn application in person or electronically to the deputy secretary of public safety services of the Department of Public Safety and Corrections. The providing of false or misleading information on the application or any documents submitted with the application shall be grounds for the denial or revocation of a temporary concealed handgun permit.

(2) Agree in writing to hold harmless and indemnify the department, the state, or any peace officer for any and all liability arising out of the issuance or use of the temporary concealed handgun permit.

(3) Meet the qualifications for the issuance of a concealed handgun permit as provided for in R.S. 40:1379.3(C); however, an applicant for a temporary concealed handgun permit shall not be required to comply with the provisions of R.S. 40:1379.3(D) upon application.

(4) Pay the twenty-five dollar fee authorized in R.S. 40:1379.3(H)(2).

C.(1) The holder of a temporary concealed handgun permit shall not be subject to the provisions of R.S. 40:1379.3(D) pending completion of the requisite training for a concealed handgun permit issued pursuant to the provisions of R.S. 40:1379.3, but shall otherwise comply with all other restrictions and provisions of R.S. 40:1379.3.

(2) If the applicant for a temporary concealed handgun permit applies for a concealed handgun permit issued pursuant to the provisions of R.S. 40:1379.3, the twenty-five dollar fee paid shall be applied to the cost of a concealed handgun permit as provided for in R.S. 40:1379.3(H)(2) issued once the temporary concealed handgun permittee completes the requisite training pursuant to R.S. 40:1379.3(D).

D. The temporary concealed handgun permit:

(1) Is valid only in Louisiana and shall not be considered as satisfying the requirements of reciprocity with any other state concealed firearm provisions.

(2) Shall not be construed to constitute evidence of a background check required pursuant to 18 U.S.C. 922 prior to the transfer of a firearm as authorized by the provisions of R.S. 40:1379.3(T).

(3) Shall expire forty-five days from the date of issuance.

E. The person issued a temporary concealed handgun permit as provided by the provisions of this Section is authorized to carry a concealed handgun for a period of forty-five days from issuance or until the concealed handgun permit issued pursuant to the provisions of R.S. 40:1379.3 is issued, whichever is less.

F. Failure to carry a copy of the permanent injunction or the protective order at all times the person is carrying the concealed handgun shall render the temporary concealed handgun permit invalid.

G. The department shall conduct a background check as provided for in R.S. 40:1379.3(K) prior to the issuance of a temporary concealed handgun permit.

H. The office of state police shall promulgate rules to implement the provisions of this Section.

Acts 2016, No. 465, §1.
La. Rev. Stat. § 40:468 — LA Code / Code revised-statutes / Title 40 / Section 468
Issuance of bonds; means for payment
Status: in_force

On or after August 15, 1997, a housing authority may issue bonds under this Chapter from time to time in its discretion, upon such terms and conditions as it shall deem necessary or desirable, for any purpose permitted under this Chapter. A housing authority may also issue refunding and advance refunding bonds for the purpose of paying or retiring bonds previously issued by it. This Section, without reference to other statutes of the state, shall constitute full and complete authority for the authorization, issuance, delivery, and sale of bonds hereunder, and such authorization, issuance, delivery, and sale shall not be subject to any conditions, restrictions, or limitations imposed by any other law.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:25 — LA Code / Code revised-statutes / Title 40 / Section 25
Entry on and inspection of premises
Status: in_force

The parish health officer and every person duly authorized may enter, examine and inspect all grounds, structures, public buildings and public places in execution of a warrant issued in accordance with the constitution and the laws of Louisiana.

Acts 1976, No. 346, §1.
La. Rev. Stat. § 40:1133.11 — LA Code / Code revised-statutes / Title 40 / Section 1133.11
Prosecution
Status: in_force

A. Any person who violates the provisions of R.S. 40:1133.10 shall be subject to prosecution. This prosecution shall be brought in the name of the state, provided the provisions of this Part shall not prevent or interfere with a prosecution brought by the district attorney of a parish when a prosecution or a pre-prosecution proceeding has been initiated by the district attorney.

B. Whoever is found guilty of violating any provision of R.S. 40:1133.10 shall, upon a first conviction, be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Upon a second or subsequent conviction, the offender shall be imprisoned with or without hard labor for not more than two years and fined not more than five thousand dollars.

Acts 1997, No. 913, §2; Redesignated from R.S. 40:1232.10 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:412 — LA Code / Code revised-statutes / Title 40 / Section 412
Area of operation
Status: in_force

A. In the case of a regional housing authority, the authority's area of operation shall be an area equivalent to the total areas of operation which the local housing authorities, if created separately by political subdivisions establishing the regional housing authority, would have, when aggregated. The area of operation of a regional housing authority shall not include any area which lies within the territorial boundaries of any municipality or parish in which a local housing authority has been established and which municipality or parish is not a participant in said regional authority. However, the local housing authority of the municipality or parish and the governing body of the municipality or parish may consent to the operation of one or more developments by said regional housing authority within the municipality's or parish's territorial boundaries.

B. In the case of a consolidated housing authority, the authority's area of operation consists of all of the territory within the boundaries of each municipality joining in its creation together with the territory within one mile of the boundaries of each municipality.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1121.6 — LA Code / Code revised-statutes / Title 40 / Section 1121.6
Expedited partner therapy
Status: in_force

A. The purpose of this Section is to allow for the provision of medications or prescriptions by any physician licensed to practice medicine in this state or any advanced practice registered nurse who is licensed to practice nursing in this state, or any physician assistant, who is licensed to practice in this state, provided such physician or nurse or physician assistant has the authority to write prescriptions in this state, to individuals who may have been exposed to gonorrhea or chlamydia. Expedited partner therapy is hereby authorized absent a doctor-patient relationship and absent clinical assessment.

B. Notwithstanding any other provisions of law to the contrary, any physician or any advanced practice registered nurse who diagnoses or does a nurse clinical assessment or any physician assistant who performs an examination of a case of chlamydia or gonorrhea in an individual patient may prescribe, furnish, or otherwise provide prescription antibiotic drugs to that patient's sexual partner or partners absent a doctor-patient relationship or absent an advanced practice registered nurse-patient relationship and without examination or nurse clinical assessment or physician assistant examination of that patient's sexual partner or partners.

C. If expedited partner therapy is chosen as an alternative, the patient with a case of chlamydia or gonorrhea will be given a written document that he agrees to give to his sexual contact. The document will contain, but will not be limited to, the following information:

(1) The sexual contact should be examined and treated by a physician, advanced practice registered nurse or physician assistant, if at all possible.

(2) The medicine or prescription for medicine given to the sexual contact by the patient should not be taken by the contact if the contact has a history of allergy to the antibiotic or to the pharmaceutical class of antibiotic in which case the sexual contact should be examined and treated by a physician, advanced practice registered nurse or physician assistant and offered another type of antibiotic treatment.

(3) The medicine or prescription for medicine given to the sexual contact by the patient should not be taken by the contact if the contact is pregnant, in which case the sexual contact should be examined by the prenatal care health care provider.

D. Any pharmacist licensed to practice pharmacy in this state may recognize a prescription authorized by this Section as valid notwithstanding any other provision of law or administrative rule to the contrary.

E. The provisions of this Section which relate to expedited partner therapy shall be implemented according to rules promulgated by the secretary of the Louisiana Department of Health in accordance with the Administrative Procedure Act.

Acts 2008, No. 449, §1, eff. June 25, 2008; Redesignated from R.S. 40:1064.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1217.11 — LA Code / Code revised-statutes / Title 40 / Section 1217.11
Funding
Status: in_force

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

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.91 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:449 — LA Code / Code revised-statutes / Title 40 / Section 449
Rental and relocation assistance
Status: in_force

A local housing authority may administer rental and relocation assistance programs of every kind and description on its own behalf or for others within its area of operation and, to the extent such authority has determined such administration to be feasible, in any area elsewhere in this state with respect to which a local housing authority has not been established, or with the consent of any local housing authority established to serve the area in which such assistance would be administered, and, in connection with the administration of such assistance, may make payments relating to relocations and rent subsidy payments to persons of eligible income or to others, including landlords, on behalf of persons of eligible income. Rental assistance programs administered by a local housing authority may be tenant-based, in which event the assistance is provided to or for the benefit of the tenant, or development-based, in which event the assistance is connected to particular real property.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:600.26 — LA Code / Code revised-statutes / Title 40 / Section 600.26
Short title; purpose
Status: in_force

A. This Chapter may be cited as the "Louisiana Housing Trust Fund Act of 2003".

B. The legislature hereby finds and declares that there exists in the state a need to assist low-income individuals and families in accessing affordable housing and to provide for the development, rehabilitation, and preservation of decent, safe, and affordable housing for low-income individuals and families and to address homelessness; and, therefore, to address these needs, the purposes of this Chapter shall be the following:

(1) To fill the growing gap in Louisiana's ability to build affordable housing by encouraging the dedication of public and private sources to fund additional housing activities.

(2) To develop rental housing for individuals and families with the greatest economic need, in mixed-income settings and in areas with the greatest economic opportunities.

(3) To promote home ownership for low-income individuals and families, to address homelessness and the prevention of homelessness, and to produce, rehabilitate, and preserve affordable dwellings.

C. The Louisiana Housing Corporation shall create and establish the Louisiana Housing Trust Fund, hereinafter referred to as the "trust fund", to be administered by the Louisiana Housing Corporation. Interest earned on investment of monies in the trust fund shall be credited to the trust fund. Unexpended and unencumbered monies in the trust fund at the end of each fiscal year shall remain in the trust fund. Monies in the trust fund shall be made available for assisting the development, rehabilitation, and preservation of affordable housing and for other purposes consistent with this Chapter.

D. The trust fund shall receive monies in the following manner:

(1) Donations to the trust fund from the income tax checkoff as provided in R.S. 47:120.64.

(2) Gifts, grants, and donations to the trust fund received from individuals, partnerships, and public or private organizations.

(3) Monies appropriated to the trust fund by the legislature subject to budgetary control or authority of the division of administration as may be provided in the Act appropriating such funds.

(4) Any federal funds made available to the state under any federal housing trust fund legislation for which the trust fund shall be the sole repository for the state.

(5) Monies appropriated or otherwise made available to the trust fund, from income derived under the Road Home Housing Program from the sale of real property, acquired by the state, or its agent, under the program and sold for purposes of redevelopment of housing or from the repayment of loans, grants, or any other agreement wherein the state provided financial assistance to an individual for rehabilitation or buyout of a home under the program, but only in such amounts as are approved by the Louisiana Recovery Authority and the division of administration and provided that such monies shall be subject to budgetary control and authority of the division of administration.

E. The monies in the trust fund shall be available for the purposes of loans and investments in accordance with guidelines determined by the Louisiana Housing Corporation.

F. The Louisiana Housing Corporation is authorized to retain six percent of the monies in the trust fund for necessary and associated administrative expenses of the trust fund.

G. Notwithstanding any other provision of law to the contrary, the Louisiana Housing Corporation shall give priority to assisting municipalities and displaced citizens, of a declared disaster area, with developing, rehabilitating, and preserving affordable housing.

Acts 2003, No. 734, §1, eff. June 27, 2003; Acts 2006, No. 654, §1, eff. June 29, 2006; Acts 2011, No. 408, §5(B), eff. July 5, 2011.
La. Rev. Stat. § 40:600.38 — LA Code / Code revised-statutes / Title 40 / Section 600.38
Local governmental subdivision as receiver
Status: in_force

A. The court shall grant the local governmental subdivision possession of the property if it finds that:

(1) The rehabilitation plan is appropriate.

(2) The local governmental subdivision or its designated qualified rehabilitation entity is qualified to undertake the rehabilitation plan.

(3) The rehabilitation plan submitted by the local governmental subdivision represents a realistic and timely plan for the rehabilitation and reuse of the blighted housing property.

B.(1) The local governmental subdivision shall take all steps necessary and appropriate to further the rehabilitation and reuse of the property consistent with the rehabilitation plan submitted to the court.

(2) In making its findings pursuant to this Section, the court may consult with qualified parties and, upon request by a party in interest, may hold a hearing on the plan.

(3) Regardless of whether a local governmental subdivision exercises its rights directly or designates a qualified rehabilitation entity pursuant to this Section, while in possession of a blighted housing property, a local governmental subdivision shall maintain, safeguard, and maintain insurance on the blighted housing property.

C. Notwithstanding the local governmental subdivision's possession of the blighted housing property during the receivership term, nothing in this Chapter shall be deemed to relieve the owner of the property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner, or of any obligation the owner or any other person may have for the payment of taxes or other municipal liens and charges, or mortgages or liens to any party, whether those taxes, charges, or liens are incurred before or after the appointment of the receiver.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:1665.4 — LA Code / Code revised-statutes / Title 40 / Section 1665.4
Duty firearm of deceased law enforcement officer
Status: in_force

A. An immediate family member listed in Subsection B of this Section of a law enforcement officer as defined by R.S. 40:1665.2(B)(1), (2), (3), and (18) who suffers death has the right of first refusal to purchase his duty firearm at fair market value, subject to the approval of the head of the law enforcement agency, unless the family member is prohibited from possessing a firearm under the provisions of R.S. 14:95.1 or any other state or federal law.

B. Unless the deceased officer has designated a specific immediate family member as the beneficiary to purchase his firearm upon his death, the following immediate family members have the right of first refusal to purchase the firearm in the following order of precedence:

(1) The surviving spouse of the deceased officer.

(2) A child of the deceased officer. If more than one child seeks to purchase the firearm, the oldest child who seeks to purchase the firearm precedes all other children who seek to purchase the firearm in the right of first refusal.

(3) A parent of the deceased officer.

(4) A sibling of the deceased officer. If more than one sibling seeks to purchase the firearm, the oldest sibling who seeks to purchase the firearm precedes all other siblings who seek to purchase the firearm in the right of first refusal.

C. If the firearm is part of an ongoing investigation or is being used or is needed as evidence, the provisions of this Subsection do not apply until the firearm is no longer part of the investigation or is no longer needed or being used as evidence. In such case, the immediate family member with the right of first refusal to purchase the firearm may request the release of the firearm pursuant to R.S. 15:41.

Acts 2017, No. 332, §2; Acts 2019, No. 162, §1.
La. Rev. Stat. § 40:2180.23 — LA Code / Code revised-statutes / Title 40 / Section 2180.23
Definitions
Status: in_force

For the purposes of this Part, the following terms shall have the following meanings:

(1) "Department" means the Louisiana Department of Health or any agency or office thereof designated by the secretary to administer the provisions of this Part.

(2)(a) "Free-standing birth center" means a facility, place, center, agency, person, institution, corporation, partnership, unincorporated association, group, or other legal entity which provides free-standing birth center services and at which a person is anticipated to give birth following a low-risk pregnancy.

(b) For the purposes of this Part, a free-standing birth center does not include a hospital licensed pursuant to R.S. 40:2100 et seq., nor does it include the place of residence of the person giving birth.

(3) "Free-standing birth center services" means peripartum care, including prenatal, labor, delivery, and postpartum, and services for people with low-risk pregnancies provided at free-standing birth centers. This includes any ancillary ambulatory service provided to a person at low risk for pregnancy complications, if such services are within the scope of practice of the individual providing the service.

(4) "License" means a license issued by the Louisiana Department of Health to a free-standing birth center.

(5) "Low-risk pregnancy" means a normal, uncomplicated, singleton pregnancy that has vertex presentation and is at low risk for development of complications during labor and birth, as determined from an evaluation and examination conducted by a physician or other practitioner or individual acting within the scope of his or her practice.

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

(7) "Standards" means policies, procedures, rules, guidelines, and standards of current practice contained in this Part in addition to those rules and standards promulgated by the Louisiana Department of Health for the licensing and operation of free-standing birth centers.

Acts 2019, No. 332, §1, eff. June 11, 2019.
La. Rev. Stat. § 40:2553 — LA Code / Code revised-statutes / Title 40 / Section 2553
Neck restraint prohibition
Status: in_force

The use of choke holds and carotid holds are prohibited, except when the officer reasonably believes he or another person is at risk of great bodily harm or when deadly force is authorized.

Acts 2021, No. 430, §1.
La. Rev. Stat. § 40:31.72 — LA Code / Code revised-statutes / Title 40 / Section 31.72
ALS disease surveillance system
Status: in_force

A. The Louisiana Department of Health shall establish an amyotrophic lateral sclerosis (ALS) surveillance system within the office of public health to collect, analyze, interpret, and disseminate data relative to individuals living with ALS in Louisiana.

B. In establishing the surveillance system, the department shall require reporting sources to report information on ALS to the office of public health.

Acts 2024, No. 511, §1, eff. June 10, 2024.
La. Rev. Stat. § 40:34.8 — LA Code / Code revised-statutes / Title 40 / Section 34.8
Original birth certificate; required contents; certification of attendant
Status: in_force

The certification of the attending physician, midwife, or other person in attendance, including a statement of the year, month, day, and hour of birth, shall be entered on the original birth certificate. This certification shall be signed by the physician, midwife, or other person in attendance, with the address and date of signature.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:1075.5 — LA Code / Code revised-statutes / Title 40 / Section 1075.5
Implementation; rules and regulations
Status: in_force

The secretary shall, pursuant to the Administrative Procedure Act, adopt rules and regulations necessary to implement this Part.

Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.106 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2115.18 — LA Code / Code revised-statutes / Title 40 / Section 2115.18
Additional criteria for decision; attorney general
Status: in_force

In making a decision whether to approve or disapprove an application, the attorney general shall also determine whether the acquisition affects the continued existence of accessible, affordable health care facilities that are responsive to the needs of the community. In making this determination, the attorney general shall consider:

(1) Whether sufficient safeguards are included to assure the affected community continued access to affordable care.

(2) Whether the purchaser and parties to the acquisition have made a commitment, at least comparable to the seller, to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care. Activities and funding provided by the seller or its successor nonprofit corporation or foundation to provide such health care or to provide support or medical education and teaching programs or medical research programs shall be considered in evaluating compliance with this commitment.

(3) If health care providers will be offered the opportunity to invest or own an interest in the purchaser or a related entity to the purchaser, whether procedures or safeguards are in place to avoid conflict of interest in patient referral and the nature of such procedures or safeguards.

Acts 1997, No. 1371, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 40:1289.4 — LA Code / Code revised-statutes / Title 40 / Section 1289.4
Functions and duties of the task force; report to the governor and legislature
Status: in_force

A. The functions of the task force shall include all of the following:

(1) Serve as an advisory body to the legislature on policies and practices that protect all people of this state, particularly tenants, consumers, and vulnerable populations, from harm related to toxic mold.

(2) Serve as a coordinating forum between and among state agencies, local governments, and nongovernmental groups on matters related to toxic mold.

(3) On a regular basis, research and review state regulations, guidelines, policies, and procedures that pertain in any way to toxic mold and make recommendations to the governor, the legislature, and the secretary of the Louisiana Department of Health as deemed necessary and appropriate by the chairman of the task force.

B. On or before January 1, 2021, and annually thereafter, the task force shall prepare and submit to the governor and the legislature a report on the status of public health risks from toxic mold in Louisiana. The annual report shall include, without limitation, all of the following:

(1) An assessment, based on scientific evidence, of the nature, scope, and magnitude of the adverse environmental and health impacts caused by toxic mold in this state.

(2) Measurement, based on scientific evidence, of the adverse health effects of exposure to molds on the general population, including specific effects on any subgroups identifiable as being at greater risk of adverse health effects when exposed to molds.

(3) Identification of actions taken by the state, local governments, and any other public or private organizations that have made a positive impact on mitigating the harm to public health of toxic mold.

(4) Identification of best practices for the control of mold in a cost-effective and environmentally sound manner.

C. The task force may request administrative and technical support from the Louisiana Department of Health, office of public health, to carry out the functions and responsibilities provided in this Section.

Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.414 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
La. Rev. Stat. § 40:1562.1 — LA Code / Code revised-statutes / Title 40 / Section 1562.1
Organization of fire marshal's office
Status: in_force

The fire marshal's office shall be organized into the following sections:

(1) Administrative.

(2) Engineering.

(3) Inspection.

(4) Investigation.

(5) Fire and emergency training.

Added by Acts 1974, No. 231, §1; Acts 2022, No. 231, §3.
La. Rev. Stat. § 40:1105.5 — LA Code / Code revised-statutes / Title 40 / Section 1105.5
Participation in program
Status: in_force

A. Any participating hospital diagnosing or providing treatment to cancer patients shall report each case of cancer to the president in a format prescribed by the president within six months of admission or diagnosis and shall furnish the data, including but not limited to follow-ups, medical history, risk factors, and cancer screening, on each cancer patient when requested. If the facility fails to report in a format prescribed by the president, the president may enter the facility and obtain the information. In these cases, the facility shall reimburse the Louisiana Tumor Registry for the cost of obtaining and reporting the information. The Louisiana Tumor Registry and participating hospitals may enter into agreements to allow remote electronic access to medical records of cancer patients.

B. Pathology laboratories, radiation centers, surgery centers, physicians and other licensed healthcare facilities and providers shall report cancer cases in the required electronic format to the statewide registry program and grant access to cancer patient records. These facilities and providers shall allow access to all records which would identify cases of cancer to ascertain and abstract reportable cancer cases by the statewide cancer registry program.

C. Any healthcare provider which provides diagnostic or treatment services to patients with cancer shall report any additional demographic, diagnostic, or treatment information requested by the president concerning any person presently or previously receiving services who has or had a malignant tumor. Additionally, the president shall have access to all records which would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient.

Added by Acts 1978, No. 653, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.84 by HCR 84 of 2015 R.S.; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:1035 — LA Code / Code revised-statutes / Title 40 / Section 1035
Permit revocation or suspension; inspections
Status: in_force

A. The secretary may revoke or suspend any permit issued hereunder if it is determined that sodium pentobarbital is being used for any purpose other than humane animal euthanasia or that the permitted facility has failed to abide by the regulations promulgated by the secretary for the safe and efficient purchase, possession, or administration of sodium pentobarbital.

B. The department shall inspect any permitted animal control facility to determine compliance with this Chapter or any rules or regulations promulgated pursuant thereto.

Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1059 — LA Code / Code revised-statutes / Title 40 / Section 1059
Manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products
Status: in_force

The chemical substances sodium saccharin, ammonium saccharin, calcium saccharin and foods and drinks containing such chemical substances may be manufactured, sold, distributed, possessed, used and consumed within the state of Louisiana under the control of the State Food, Drug, and Cosmetic Law, R.S. 40:601 et seq. The manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products is subject to the provisions of Chapters 1 and 4 of this Title, except for the provisions of the first unnumbered Paragraph of Section 607, the first unnumbered Paragraph of Section 608, the first unnumbered Paragraph of Section 616, the first unnumbered Paragraph of Section 617, and Section 618.

Added by Acts 1977, No. 467, §1.
La. Rev. Stat. § 40:2115 — LA Code / Code revised-statutes / Title 40 / Section 2115
Smoking in hospitals; prohibition; exceptions
Status: in_force

A. Except as provided herein, smoking shall be prohibited in enclosed areas of all hospitals licensed pursuant to this Part. However, smoking may, at the discretion of the governing board of the hospital, be permitted in patient rooms, but only:

(1) Upon the order of the patient's primary treating physician.

(2) With the consent of all patients in the room, if any.

(3) In accordance with all standards established by the Joint Commission on Accreditation of Health Care Organizations and all applicable state and federal regulations.

B. For purposes of this Section, "enclosed area" shall be determined by the governing board of the hospital but shall include, at a minimum, all areas of the building that are air conditioned or heated.

C.(1) Notwithstanding the provisions of Subsection A of this Section, the governing board of the hospital may designate a well-ventilated area for smokers. Additionally, the governing board of a private psychiatric hospital and the Department of Public Safety and Corrections shall establish rules and policies to reasonably accommodate inpatients and inmates who smoke.

(2)(a) The Louisiana Department of Health shall establish procedures for treatment of smokers with mental illness in its psychiatric hospitals and forensic facilities which are smoke free. The department shall implement such procedures for patients currently being treated in its psychiatric hospitals and forensic facilities which are smoke free and for new patients at the time of admission.

(b) In carrying out the provisions of this Paragraph, the department shall do all of the following:

(i) Screen the patient for smoking cessation needs.

(ii) Seek the consent of the patient to participate in education and treatment regarding smoking cessation.

(iii) Train psychiatric hospital staff of the department in smoking cessation best practices and monitoring of the patient's treatment plan, symptoms, and medication adjustments. Psychiatric hospital staff so trained may include tobacco cessation in the patient's treatment plan after a review of the patient's diagnosis and medication history.

(iv) Provide patients in department psychiatric hospitals and forensic facilities with access to smoking cessation assistance, including but not limited to counseling, nicotine replacement therapy, and oral medications.

(v) Provide patients in department psychiatric hospitals and forensic facilities with access to smokeless tobacco cessation assistance.

(vi) Provide information about smoking cessation in discharge planning, including information about smoking cessation resources in the community.

D.(1) Any person who, in violation of this Section, smokes in an area that has not been designated as an area for smokers may be issued a summons by a law enforcement officer. The summons shall be returned to the court having jurisdiction over misdemeanors in the parish or municipality of the domicile of the hospital.

(2) Any violation of this Subsection shall be punishable by a fine not to exceed five hundred dollars or community service not to exceed ten days, or both.

Acts 1992, No. 1005, §1; Acts 2001, No. 977, §1; Acts 2012, No. 373, §1, eff. May 31, 2012.
La. Rev. Stat. § 40:384 — LA Code / Code revised-statutes / Title 40 / Section 384
Definitions
Status: in_force

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

(1) "Affiliate" means any corporation, entity, partnership, venture, syndicate, or arrangement in which a local housing authority has an ownership or governance interest of less than a majority.

(2) "Affordable housing" means dwelling units that may be rented or purchased, as the case may be, by persons of eligible income as defined herein with or without government assistance.

(3) "Arrangement" means a legal relationship with another party that may include but shall not be limited to a general or limited partnership; joint venture; syndicate or syndication; corporation; limited liability company; corporation or partnership; an unincorporated association; a cooperative; a consortium; and all other structures, organizations, and forms of legal relationships with third parties.

(4) "Area of operation" means the geographical area within which a local housing authority may own or operate housing developments as more particularly set forth in R.S. 40:396.

(5) "Municipality" means and includes any political subdivision of this state known as a city, town, or village which is an incorporated unit of general local government.

(6) "Parish" means and includes any political subdivision of this state known as a parish, which is a unit of general local government.

(7) "Commissioner" means a person serving on the governing board of a local housing authority, including any person identified under prior law as a "member" of a housing authority.

(8) "Community facility" means real and personal property suitable for recreational, educational, health, or welfare purposes, including but not limited to buildings, equipment, and parks and other spaces or structures.

(9) "Development" or "housing development" means and includes all dwellings and associated appurtenances, including real and personal property, and all other facilities and improvements of every kind and description which a local housing authority may own or operate or in which it may hold an interest under this Chapter; all land upon which such dwellings, appurtenances, and facilities are situated; all work and activities undertaken by a local housing authority or others relating to the creation of such property; all tangible and intangible personal property relating thereto, including all leases, licenses, agreements, and other instruments and all rights and obligations arising thereunder, establishing or confirming ownership, title, or right of use or possession in or to any such property by a local housing authority, all as more particularly described and authorized in this Chapter.

(10) "Establishing a housing authority" means taking all actions required under R.S. 40:392 or 411 to be taken by the governing body of a municipality or parish, or in the case of a regional or consolidated housing authority by the governing bodies of all political subdivisions participating therein, for a housing authority to conduct business and to exercise its powers. In the case of a housing authority existing on August 15, 1997, "established" means that such authority has been authorized to conduct business and exercise its powers in accordance with prior law.

(11) "Family" means two or more persons that includes a husband or father and/or wife or mother and/or one or more children, that a local housing authority accepts for occupancy of a dwelling or to which such authority offers or provides other assistance, as particularly defined in the eligibility and occupancy standards adopted by the authority. For the limited purposes of any reference to the term family or household in this Part, such terms shall also include a person who is elderly, a person with a disability, and any other person who may be unmarried or without children.

(12) "Guest" means any person, not a resident of such development, who is present within a development, or any person, not a resident in a dwelling, who is present within such dwelling in a development, as an invitee of or otherwise with the acquiescence or consent of a resident of such development or dwelling, as the case may be.

(13) "Hold an interest" means ownership or control of or participation in an arrangement with respect to a development by a local housing authority or any affiliate thereof.

(14) "Household" means a family as defined in Paragraph (11) of this Section.

(15) "Housing authority" or "authority" means and includes both a local housing authority established pursuant to R.S. 40:391 or 392 and a regional or consolidated housing authority established pursuant to R.S. 40:411. Wherever the context requires or permits, this term shall be deemed to include a subsidiary of a housing authority.

(16) "Local housing authority" or "authority" means a public body, corporate and politic, previously established, or to be established, by a municipality or a parish pursuant to the authority provided in this Chapter, exercising necessary and essential governmental functions for the purposes stated in this Chapter in matters of statewide concern, although its operations are local in nature. It is a political subdivision of this state, independent from the municipality or parish which established or establishes it or which may appoint some or all of its commissioners, and is not a state agency for any purpose, including R.S. 42:421(B). Any reference in this Chapter to a local housing authority shall also be deemed to include a "housing authority" or a "regional or consolidated housing authority" unless the context clearly otherwise requires. "Local housing authority" also includes any housing authority established under prior law.

(17) "Mixed finance development" means a development that is financed both by funding derived from the private sector and funding provided by the federal government that is permitted to be used for the development of affordable housing.

(18) "Mixed income development" means a housing development intended to be and which in fact is occupied both by persons of eligible income and by persons other than those of eligible income.

(19) "Mixed use development" means a development that includes both residential and non-residential uses.

(20) "Person" shall include a family and, where the context so requires, a household.

(21) "Persons of eligible income" means:

(a) With respect to state or federally funded activities or developments, individuals or families who meet the applicable income requirements of the state or federal program involved, if any such state or federal income requirements are applicable, and, if none are so applicable, then individuals or families who meet the requirements of Subparagraph (b) of this Paragraph.

(b) With respect to activities and developments other than those to which Subparagraph (a) of this Paragraph is applicable, individuals or families who, in the determination of the local housing authority, lack sufficient income or assets, taking into account all resources available to such individuals or families from whatever source derived or reasonably derivable, to enable them, without undue hardship or governmental financial assistance, to purchase or rent, as the case may be, decent, safe, and sanitary dwellings of adequate size.

(c) Whenever any provision of Part I, II, or III of this Chapter refers to persons of eligible income with specific reference to this Subparagraph, "persons of eligible income" includes not only the persons described in Subparagraph (b) of this Paragraph, but also individuals and families whose income does not exceed one hundred fifty percent of the maximum income standard applicable under Subparagraph (b) of this Paragraph.

(22) "Public agency" means and includes:

(a) Any parish; municipality; school, drainage, tax improvement or other district; local housing authority; department, division, or political subdivision of this state or another state; housing authority, housing finance agency, or housing trust of this state or another state; and any other agency, bureau, office, authority, or instrumentality of this state or another state.

(b) Any board, agency, commission, division, or other instrumentality of a municipality or parish.

(c) Any board, commission, agency, department, or other instrumentality of the United States, or any political subdivision or governmental unit of any of them.

(23) "Regional housing authority" or "consolidated housing authority", as the case may be, means a public body, corporate and politic, and a governmental subdivision of this state, formed by two or more parishes pursuant to the authority provided in R.S. 40:411(A), or by two or more municipalities pursuant to the authority in R.S. 40:411(B), exercising necessary and essential governmental functions for the purposes stated in this Chapter in matters of statewide concern, although its operations are local or regional in nature. It is a political subdivision of this state, independent from political subdivisions of this state which established it or which may appoint some or all of its commissioners.

(24) "Representative" means a commissioner, officer, employee, or agent of a local housing authority.

(25) "Resident" means a person residing in a development of a housing authority, with the consent of such authority, according to its policies, rules, and procedures.

(26) "State" means the state of Louisiana and its duly constituted government.

(27) "Subsidiary" means any corporation, entity, partnership, venture, syndicate, or arrangement in which a local housing authority shall participate by holding an ownership interest or participating in its governance, in which commissioners, officers, employees, and agents of such authority constitute a majority of the governing body of such entity.

(28) "Criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and records of convictions and any disposition arising therefrom, including sentencing, correctional supervision, and release, but does not include information collected for intelligence or investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.

Acts 1997, No. 1188, §1; Acts 2003, No. 1083, §2, eff. July 2, 2003; Acts 2009, No. 128, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.