La. Rev. Stat. § 40:1263.4 — LA Code / Code revised-statutes / Title 40 / Section 1263.4
Definitions; paid marrow donor leave; prohibition of employer sanctions; relationship to other leave
Status: in_force

A. As used in this Section, the following definitions shall apply:

(1) "Employee" means a person who performs services for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer. Employee does not include an independent contractor.

(2) "Employer" means a person or entity that employs twenty or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, parish, town, city, school district, or other governmental subdivision.

B. An employer shall grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employee, but may not exceed forty work hours, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.

C. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this Section.

D. This Section does not prevent an employer from providing leave for bone marrow donations in addition to leave allowed under this Section. This Section does not affect an employee's rights with respect to any other employment benefit.

Acts 1992, No. 206, §1; Redesignated from R.S. 40:1299.124 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1302 — LA Code / Code revised-statutes / Title 40 / Section 1302
Director of public safety head of department; appointment; compensation
Status: in_force

The director of public safety hereafter referred to as the director is the head of the department.

He shall be appointed by the governor, with the advice and consent of the senate, for a term of four years and until his successor has qualified. His appointment shall be made on the sole basis of his qualifications to administer the affairs of the department for which he is appointed. He shall serve on a full-time basis and be subject to removal by the governor only for cause and after public hearing.

His compensation shall be fixed by the governor.
La. Rev. Stat. § 40:1730.62 — LA Code / Code revised-statutes / Title 40 / Section 1730.62
Inspections
Status: in_force

A. The state fire marshal may adopt and promulgate rules and regulations regarding procedures for inspecting the construction of industrialized buildings to ensure compliance with approved designs, plans, and specifications.

B. To ensure compliance with the building code or approved designs, plans, and specifications, the state fire marshal or a registered third-party inspector shall inspect the construction of industrialized buildings.

C. A building code enforcement officer, a registered third-party inspector, or the state fire marshal or his designee shall inspect construction involving the installation of industrialized buildings to ensure compliance with designs, plans, and specifications, including the inspection of:

(1) The construction of the foundation system.

(2) The erection and installation of the modules or modular components on the foundation.

Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.
La. Rev. Stat. § 40:1135.9 — LA Code / Code revised-statutes / Title 40 / Section 1135.9
Required insurance coverage
Status: in_force

A. Notwithstanding the provisions of R.S. 33:4791 and 4791.1, each ambulance provider, as defined in this Section, shall continuously have in effect the following minimum amounts of insurance:

(1) Medical malpractice liability insurance in the amount of five hundred thousand dollars.

(2) Automobile liability insurance in the amount of five hundred thousand dollars in combined single limits and five hundred thousand dollars in the aggregate.

(3) General liability insurance in the amount of five hundred thousand dollars per occurrence and five hundred thousand dollars in the aggregate.

(4) Repealed by Acts 1999, No. 1113, §2.

B. Each ambulance provider shall submit a certificate of insurance issued by its insurance carrier to the Louisiana Department of Health as proof of the minimum insurance coverage required by this Section. Each ambulance provider shall also be required to notify the department in writing at least thirty days prior to any material change in or cancellation of such coverage.

C. For purposes of this Section, "ambulance provider" shall mean any entity owning, controlling, or operating any business or service which, as a substantial portion of its business, furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of transporting persons who may need medical attention during transport. However, "ambulance provider" shall not include:

(1) Agencies of the federal government;

(2) Volunteer nonprofit organizations or municipal nonprofit organizations operating invalid coaches, as defined in R.S. 40:1131(7);

(3) Entities rendering assistance to licensed ambulances in the case of a major disaster;

(4) Licensed hospitals providing nonemergency, noncritical interhospital transfer and patient transportation for diagnostic and therapeutic purposes when such transportation originates at a licensed hospital;

(5) Entities operating ambulances from a location outside of the state to transport patients from a location outside of the state to a location inside the state or to transport patients from a medical facility inside to a point outside of the state; or

(6) Entities providing transportation to employees who become sick or injured during the course of their employment from a job site to the nearest appropriate medical facility.

Acts 1990, No. 442, §1; Acts 1992, No. 678, §1; Acts 1999, No. 1113, §2; Redesignated from R.S. 40:1236.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1231.3 — LA Code / Code revised-statutes / Title 40 / Section 1231.3
Future medical care and related benefits
Status: in_force

A.(1) In all malpractice claims filed with the board which proceed to trial, the jury shall be given a special interrogatory asking if the patient is in need of future medical care and related benefits that will be incurred after the date of the response to the special interrogatory, and the amount thereof.

(2) In actions upon malpractice claims tried by the court, the court's finding shall include a recitation that the patient is or is not in need of future medical care and related benefits that will be incurred after the date of the court's finding and the amount thereof.

(3) If the total amount is for the maximum amount recoverable, exclusive of the value of future medical care and related benefits that will be incurred after the date of the response to the special interrogatory by the jury or the court's finding, the cost of all future medical care and related benefits that will be incurred after the date of the response to the special interrogatory by the jury or the court's finding shall be paid in accordance with R.S. 40:1231.3(C).

(4) If the total amount is for the maximum amount recoverable, including the value of the future medical care and related benefits, the amount of future medical care and related benefits that will be incurred after the date of the response to the special interrogatory by the jury or the court's finding shall be deducted from the total amount and shall be paid from the patient's compensation fund as incurred and presented for payment. The remaining portion of the judgment, including the amount of future medical care and related benefits incurred up to the date of the response to the special interrogatory by the jury or the court's finding shall be paid in accordance with R.S. 40:1231.4(A)(7) and R.S. 40:1231.4(B)(2)(a), (b), and (c).

(5) In all cases where judgment is rendered for a total amount less than the maximum amount recoverable, including any amount awarded on future medical care and related benefits that will be incurred after the date of the response to the special interrogatory by the jury or the court's finding, payment shall be in accordance with R.S. 40:1231.4(A)(7) and R.S. 40:1231.4(B)(2)(a), (b), and (c).

(6) The provisions of this Subsection shall be applicable to all malpractice claims.

B.(1) "Future medical care and related benefits" for the purpose of this Section means all of the following:

(a) All reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial services and includes drugs, prosthetic devices, and other similar materials reasonably necessary in the provision of such services, incurred after the date of the injury up to the date of the settlement, judgment, or arbitration award.

(b) All reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial services and includes drugs, prosthetic devices, and other similar materials reasonably necessary in the provisions of such services, after the date of the injury that will be incurred after the date of the settlement, judgment, or arbitration award.

(2) "Future medical care and benefits" as used in this Section shall not be construed to mean non-essential specialty items or devices of convenience.

C. Once a judgment is entered in favor of a patient who is found to be in need of future medical care and related benefits that will be incurred after the date of the response to the special interrogatory by the jury or the court's finding or a settlement is reached between a patient and the patient's compensation fund in which the provision of medical care and related benefits that will be incurred after the date of settlement is agreed upon and continuing as long as medical or surgical attention is reasonably necessary, the patient may make a claim to the patient's compensation fund through the board for all future medical care and related benefits directly or indirectly made necessary by the health care provider's malpractice unless the patient refuses to allow them to be furnished.

D. Payments for medical care and related benefits shall be paid by the patient's compensation fund without regard to the five hundred thousand dollar limitation imposed in R.S. 40:1231.2.

E.(1) The district court from which final judgment issues shall have continuing jurisdiction in cases where medical care and related benefits are determined to be needed by the patient.

(2) The court shall award reasonable attorney fees to the claimant's attorney if the court finds that the patient's compensation fund unreasonably fails to pay for medical care within thirty days after submission of a claim for payment of such benefits.

F. Nothing in this Section shall be construed to prevent a patient and a health care provider and/or the patient's compensation fund from entering into a court-approved settlement agreement whereby medical care and related benefits shall be provided for a limited period of time only or to a limited degree.

G. The patient's compensation fund shall be entitled to have a physical examination of the patient by a physician of the patient's compensation fund's choice from time to time for the purpose of determining the patient's continued need of future medical care and related benefits, subject to the following requirements:

(1)(a) Notice in writing shall be delivered to or served upon the patient or the patient's counsel of record, specifying the time and place where it is intended to conduct the examination.

(b) Such notice must be given at least ten days prior to the time stated in the notice.

(c) Delivery of the notice may be by certified mail.

(2) Such examination shall be by a licensed medical physician or chiropractic physician licensed under the laws of this state or of the state, parish, or county wherein the patient resides.

(3)(a) The place at which such examination is to be conducted shall not involve an unreasonable amount of travel for the patient considering all circumstances.

(b) It shall not be necessary for a patient who resides outside this state to come into this state for such an examination unless so ordered by the court.

(4) Within thirty days after the examination, the patient shall be compensated by the party requesting the examination for all necessary and reasonable expenses incidental to submitting to the examination including the reasonable costs of travel, meals, lodging, loss of pay, or other direct expenses.

(5)(a) Examinations may not be required more frequently than at six months intervals except that, upon application to the court having jurisdiction of the claim and after reasonable cause shown therefor, examination within a shorter interval may be ordered.

(b) In considering such application, the court should exercise care to prevent harassment to the patient.

(6)(a) The patient shall be entitled to have a physician or an attorney of his own choice or both present at such examination.

(b) The patient shall pay such physician or attorney himself.

(7) The patient shall be promptly furnished with a copy of the report of the examination made by the physician making the examination on behalf of the patient's compensation fund.

H. If a patient fails or refuses to submit to examination in accordance with a notice and if the requirements of Subsection G of this Section have been satisfied, then the patient shall not be entitled to attorney fees in any action to enforce rights pursuant to Subsection E of this Section.

I.(1) Any physician selected by the patient's compensation fund and paid by the patient's compensation fund who shall make or be present at an examination of the patient conducted in pursuance of this Section may be required to testify as to the conduct thereof and the findings made.

(2) Communications made by the patient upon such examination by such physician or physicians shall not be considered privileged.

J. The patient's compensation fund shall pay all reasonable fees and costs of medical examinations and the costs and the fees of the medical expert witnesses in any proceeding in which the termination of medical care and related benefits is sought.

Acts 1984, No. 435, §3, eff. July 13, 1984; Acts 1990, No. 135, §1, eff. June 29, 1990; Acts 1990, No. 967, §2, eff. Oct. 1, 1990; Acts 2004, No. 181, §1; Redesignated from R.S. 40:1299.43 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1085.8 — LA Code / Code revised-statutes / Title 40 / Section 1085.8
Penalty; revocation of charter
Status: in_force

Whoever violates any provision of this Subpart shall be fined not more than fifty dollars for the first offense, not more than one hundred dollars for the second offense, and not more than two hundred dollars for each subsequent offense.

If the accused is a physician, midwife, or the like, the court may also order a revocation of his license. If the accused is a maternity home or the like, incorporated under the laws of this state, the court may order a revocation of its charter.

Redesignated from R.S. 40:1108 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1291.11 — LA Code / Code revised-statutes / Title 40 / Section 1291.11
General smoking prohibitions; exemptions
Status: in_force

A. Except as permitted by Subsection B of this Section, no person shall:

(1) Smoke in any public building.

(2) Smoke in any school.

(3) Smoke in any public place and in any enclosed area within a place of employment.

(4) Smoke in any outdoor area proximate to a state office building where smoking is prohibited pursuant to the provisions of R.S. 40:1293.3.

(5) As an employer, knowingly permit smoking in any enclosed area within a place of employment.

B. Nothing in this Part shall prohibit smoking in any of the following places:

(1) Private homes, private residences, and private automobiles; except that this Subsection shall not apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation in which case smoking is prohibited.

(2) Limousines under private hire.

(3) A hotel or motel room designated as a smoking room and rented to a guest; provided that a maximum of fifty percent of the hotel rooms, at the discretion of the hotel owner or general manager, available for rent to guests in a hotel or motel may be designated as smoking rooms.

(4) Any retail tobacco business.

(5) Any bar.

(6) The outdoor area of places of employment; except that the owner or manager of such business may post signs prohibiting smoking in any such outdoor area, which shall have the effect of making that outdoor area an area in which smoking is prohibited under the provisions of this Part.

(7) Private and semiprivate rooms or apartments in assisted living residences, and other long-term care facilities that are occupied by one or more persons, who are all smokers and who have requested in writing to be placed in a room where smoking is permitted; provided that smoke from such rooms or apartments does not infiltrate into areas where smoking is prohibited under the provisions of this Part.

(8) Designated smoking areas in which gaming operations are permitted to occur upon a riverboat, at the official gaming establishment, at a facility licensed for the operation of electronic video draw poker devices, at an eligible facility licensed for the operation of slot machines, by a licensed charitable organization, or at a pari-mutuel wagering facility or off-track wagering facility which is licensed for operation and regulated under the provisions of Chapters 4 and 11 of Title 4 and Chapters 4, 5, 6, and 7 of Title 27 of the Louisiana Revised Statutes of 1950, or any other gaming operations authorized by law, except that smoking shall be prohibited in all restaurants, including snack bars and any other type of eating area whether or not such area is separated from the gaming area, that are located within the facilities where gaming operations are conducted regardless of any type of license issued relevant to the operation of the restaurant.

(9) All workplaces of any manufacturer, importer, wholesaler or distributor of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities.

(10) Convention facilities during the time such facilities are being used for professional meetings and trade shows which are not open to the public that are produced or organized by tobacco businesses or convenience store associations where tobacco products are displayed and limited to the location of such meetings or shows and during the time such facilities are used by a carnival organization, traditionally known as a krewe or a courir de Mardi Gras for the purpose of the conduct of a Mardi Gras ball and limited to the location of such ball.

(11) Designated and well-ventilated smoking rooms in nursing homes which permit smoking, provided that the designated smoking room is not the reception area, lobby, waiting room, dining room, or any other room or area defined as a public place under the provisions of this Part.

(12) A hotel or motel room operated by a casino or gaming operation which is rented to a guest.

(13) An outdoor patio, whether or not food is served.

(14) Any state, local, or private correctional facility prior to August 15, 2009. After August 15, 2009, smoking shall be prohibited in any state, local, or private correctional facility.

C. An individual, person, entity, or business subject to the smoking prohibitions of this Section shall not discriminate or retaliate in any manner against a person for making a complaint regarding a violation of this Section or for furnishing information concerning a violation to an enforcement authority.

D. Nothing in this Part shall be construed to restrict the power of any parish, city, town, or village to adopt and enforce additional local laws, ordinances, or regulations that comply with at least the minimum applicable standards to establish smokefree public places as set forth in this Part.

Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Acts 2008, No. 490, §1; Acts 2014, No. 546, §1, eff. Jan. 1, 2015; Redesignated from R.S. 40:1300.256 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1061.15 — LA Code / Code revised-statutes / Title 40 / Section 1061.15
Prevention of forced abortion; signage in abortion facilities
Status: in_force

A. This Section shall be known and may be cited as the "Forced Abortion Prevention Sign Act".

B. Any licensed outpatient abortion facility as defined by R.S. 40:2175.3 shall conspicuously post a sign in a location defined in Subsection D of this Section which is clearly visible to patients, and which features the text contained in Paragraph (1) of this Subsection and the information contained in Paragraph (2) of this Subsection.

(1) The sign shall feature the following text:

"Notice: Women's Rights and Pregnancy Resources

You can't be forced.

* It is unlawful for anyone to make you have an abortion against your will, even if you are a minor.

You and the father.

* The father of your child must provide support of the child, even if he has offered to pay for an abortion.

You and adoption.

* The law allows adoptive parents to pay costs of prenatal care, childbirth and newborn care.

You are not alone.

* Many agencies are willing to help you to carry your child to term, and to assist after your child's birth."

(2) The sign shall feature the web address of the pregnancy resources website maintained by the department pursuant to R.S. 40:1061.17, which shall be shown on the sign in a large, bold font designed to be clearly visible to patients, along with any additional information which is deemed necessary by the department and is in accordance with the provisions of R.S. 40:1061.17.

C. The department shall cause the sign provided for in this Section to be designed and produced. All signs produced shall incorporate color graphics and shall be printed on durable signage material measuring sixteen inches by twenty inches with lettering presented in a size and style of font designed to be clearly visible to the patient.

D. The sign provided for in this Section shall be conspicuously posted in each patient admission area, waiting room, and patient consultation room used by patients on whom abortions are performed, induced, prescribed for, or who are provided with the means for an abortion.

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

Acts 2011, No. 411, §1; Redesignated from R.S. 40:1299.35.5.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:2025.3 — LA Code / Code revised-statutes / Title 40 / Section 2025.3
Local overdose fatality review panels; membership
Status: in_force

A.(1) Each parish within Louisiana may establish a local overdose fatality review panel. Any review panel that is created shall operate in accordance with the provisions of this Part.

(2) Two or more parishes may agree to jointly establish a multiparish overdose fatality review panel. Multiparish review panel members shall execute a memorandum of understanding between the parishes regarding membership, staffing, and operations.

B. The local overdose fatality review panel shall be comprised of the following members. However, any of the following persons who declines, in writing, to participate shall not be counted toward the total membership of the panel nor toward calculating a quorum. The members provided in Paragraphs (8) through (13) of this Subsection shall be appointed by the chief executive of the parish governing authority.

(1) The coroner or his designee.

(2) The director of the regional human services district in which the parish is located or his designee.

(3) The regional director of the Department of Children and Family Services, child welfare division for the region in which the parish is located or his designee.

(4) The regional medical director for the office of public health, Louisiana Department of Health for the region in which the parish is located or his designee.

(5) The parish district attorney or his designee.

(6) The sheriff or his designee.

(7) The chief of police or his designee.

(8) A representative of a local jail or detention center.

(9) A healthcare provider who specializes in the prevention, diagnosis, and treatment of substance use disorders.

(10) A mental health provider who specializes in substance use disorders.

(11) A representative of an emergency medical services provider in the parish.

(12) A representative from parole, probation, and community corrections.

(13) A representative of the judicial district court or drug court if the parish has a drug court.

(14) The director of the local health department if the parish has a local health department or his designee.

C. Any review panel established pursuant to this Part shall submit notice of formation to the secretary of the Louisiana Department of Health through the human services district member represented on the panel. The department shall maintain a registry of active overdose fatality review panels in the state.

D. The members of the review panel shall elect a chairman. The chairman may appoint additional persons to the review panel who are determined to have relevant knowledge regarding overdose fatalities and would aid the panel in fulfilling its duties.

E. Panel members shall not receive compensation or a per diem for their services or attendance at panel meetings, except for those travel-related expenses already provided for by their agency.

F. Meetings of a review panel shall be exempt from the provisions of R.S. 42:11 et seq.

Acts 2024, No. 498, §1.
La. Rev. Stat. § 40:521 — LA Code / Code revised-statutes / Title 40 / Section 521
Indemnification; extent; reimbursement of commissioner expenses as witness
Status: in_force

A. The indemnification and the provisions for advancement of expenses provided by R.S. 40:515 through 519 shall not be deemed exclusive of any other rights to which a representative may be entitled under any agreement, general or specific action of a housing authority, or otherwise, and shall continue as to a person who has ceased to be a representative and shall inure to the benefit of the heirs, executors, and administrators of such a person. Specifically and not by way of limitation, a housing authority may make or agree to make any further indemnification, including advancement of expenses, of any representative whose agreement for such was approved, adopted, or ratified, before or after such indemnification or agreement is made.

B. Notwithstanding other provisions of this Chapter limiting compensation of commissioners, a housing authority may pay or reimburse expenses incurred by a commissioner in connection with the commissioner's appearance as a witness in a proceeding at the time when the commissioner has not been made a named defendant or respondent to a proceeding.

Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2154.1 — LA Code / Code revised-statutes / Title 40 / Section 2154.1
Accredited mental health rehabilitation providers; licensure required
Status: in_force

A. Any healthcare provider that meets all of the following criteria is hereby required to obtain a license in accordance with the provisions of this Part prior to April 1, 2018, in order to provide behavioral health services:

(1) Was an accredited mental health rehabilitation provider enrolled in the Louisiana Medicaid program as of February 28, 2012.

(2) Was enrolled with the statewide management organization for the Louisiana Behavioral Health Partnership as of March 1, 2012.

(3) Maintains continuous, uninterrupted accreditation through an approved accreditation organization.

(4) Maintains continuous, uninterrupted enrollment with the statewide management organization for the Louisiana Behavioral Health Partnership.

B. Each healthcare provider required by the provisions of this Section to obtain a license shall submit a completed application to the department for such license on or before December 1, 2017.

Acts 2017, No. 33, §1, eff. June 3, 2017.
La. Rev. Stat. § 40:599.20 — LA Code / Code revised-statutes / Title 40 / Section 599.20
Report
Status: in_force

An authority shall report annually on the activities of the authority to the local government where the authority is located.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:2120.64 — LA Code / Code revised-statutes / Title 40 / Section 2120.64
Licensure of PACE providers
Status: in_force

A. All PACE providers shall be licensed by the Louisiana Department of Health. No facility, place, center, agency, person, institution, corporation, partnership, unincorporated association, group, organization, or other legal entity providing PACE services may be established, operated, or be reimbursed under the Medicaid program, unless licensed as a PACE provider to perform services by the department.

B. A license issued to a PACE provider shall be all of the following:

(1) Issued only for the entity or person and premises named in the license application.

(2) Valid for only the geographic location listed on the license. The geographic service location for a PACE provider shall be a single geographic administrative region of the Louisiana Department of Health as defined in the licensing rules for the PACE provider.

(3) Valid for twelve months beginning the month of issuance, unless revoked or otherwise suspended prior to that date. The license shall expire on the last day of the twelfth month after the date of issuance, unless otherwise renewed, or as set forth in rules promulgated by the department.

(4) On a form prescribed by the department.

C. A license issued pursuant to this Part shall not be transferrable or assignable.

(1) When a PACE provider is sold or ownership is transferred, the new owner or transferee shall notify the department and apply for a new license at least forty-five days prior to the transfer.

(2) The transferor shall remain responsible for the operation of the PACE provider until such time as a license has been issued to the transferee.

D. A license issued to a PACE provider shall be posted in a conspicuous place on the licensed premises.

Acts 2024, No. 444, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:2175.1 — LA Code / Code revised-statutes / Title 40 / Section 2175.1
Short title
Status: in_force

A. This Part may be cited as the "Outpatient Abortion Facility Licensing Law".

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

Acts 2001, No. 391, §1; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:1379.3.3 — LA Code / Code revised-statutes / Title 40 / Section 1379.3.3
Louisiana Firearm Safety Awareness Act
Status: in_force

A. This Section shall be known and may be cited as the "Louisiana Firearm Safety Awareness Act".

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

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

D. The online handgun education course shall include instruction on all of the following topics:

(1) Handgun basics and nomenclature, including handling procedures for a revolver and a semiautomatic pistol.

(2) Firearm-free zones.

(3) Use of deadly force.

(4) Interactions with law enforcement officers.

(5) Conflict resolution.

(6) Accident prevention, including safe storage of firearms.

(7) Unauthorized access prevention.

(8) Safe handling of a handgun.

(9) Suicide prevention with an emphasis on the impact of firearm-related suicides involving veterans and current service members of the United States Armed Forces.

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

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

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

Acts 2022, No. 518, §1; Acts 2023, No. 295, §1.
La. Rev. Stat. § 40:1004 — LA Code / Code revised-statutes / Title 40 / Section 1004
Establishment of prescription monitoring program
Status: in_force

A. The board shall establish and maintain, in consultation with and upon the recommendation of the advisory council, an electronic system for the monitoring of controlled substances and drugs of concern dispensed in the state or dispensed to an address in the state.

B. In conformity with the Louisiana Public Bid Law, R.S. 38:2211 et seq., the board may contract with a vendor to establish and maintain the electronic monitoring system pursuant to rules promulgated by the board.

C. This Part shall not apply to any person licensed pursuant to R.S. 37:1511 et seq.

Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2013, No. 27, §1, eff. May 23, 2013.
La. Rev. Stat. § 40:577 — LA Code / Code revised-statutes / Title 40 / Section 577
Advances to housing authority
Status: in_force

Any parish or municipality located in whole or in part within the area of operation of a housing authority may, from time to time, lend or donate money to the authority or agree to take such action.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:600.71 — LA Code / Code revised-statutes / Title 40 / Section 600.71
Title
Status: in_force

This Act shall be known and may be cited as the "Louisiana Housing Counseling Assistance Act."

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

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be effective on July 1, 2010.
La. Rev. Stat. § 40:1484.1 — LA Code / Code revised-statutes / Title 40 / Section 1484.1
Short title
Status: in_force

This Part shall be known and may be cited as the Amusement Rides Safety Law.

Added by Acts 1985, No. 733, §1; Acts 2003, No. 928, §2; Acts 2016, No. 462, §2.
La. Rev. Stat. § 40:1730.26 — LA Code / Code revised-statutes / Title 40 / Section 1730.26
Adoption and promulgation of certain building codes and standards as State Uniform Construction Code; procedures
Status: in_force

The council shall review, adopt, modify, and promulgate the building codes referenced in R.S. 40:1730.28 and 1730.28.1, provided that:

(1) The council shall promulgate rules and regulations to modify portions of the State Uniform Construction Code referenced in R.S. 40:1730.28 of this Part pursuant to the provisions of the Administrative Procedure Act, R.S. 49:950 et seq. Such rules and regulations may include, but not be limited to use of certain mapping systems regarding soil testing.

(2)(a) The council shall promulgate rules and regulations to adopt portions of the State Uniform Construction Code referenced in R.S. 40:1730.28.1 pursuant to the procedures established by the Administrative Procedure Act, R.S. 49:950 et seq. Notwithstanding the provisions of R.S. 49:966(B)(12), the Senate Committee on Commerce, Consumer Protection, and International Affairs; the Senate Committee on Health and Welfare, the House Committee on Commerce; and the House Committee on Health and Welfare, shall have oversight of the initial adoption of the portions of the State Uniform Construction Code referenced in R.S. 40:1730.28.1.

(b) The Senate Committee on Commerce, Consumer Protection, and International Affairs and the House Committee on Commerce shall receive notice of intent to modify portions of the State Uniform Construction Code and shall have oversight of any such modifications pursuant to the provisions of the Administrative Procedure Act.

(3)(a) The council shall review, evaluate, and update the State Uniform Construction Code no later than five years from the date of publication of the appropriate code as provided for in R.S. 40:1730.28. The council shall submit the updated State Uniform Construction Code to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs for oversight and approval. Additionally, the council shall provide the members of each house of the legislature a summary of the major proposed changes to the International Residential Code at the time of submission to the oversight committees.

(b) The council shall have the authority to suspend the five-year deadline as referenced in Subparagraph (a) of this Paragraph for a period of up to one year due to extraordinary circumstances.

(c) "Extraordinary circumstances" means a federally declared disaster, a gubernatorially declared disaster or emergency, a pandemic, or other acts of God.

(4) The council shall, pursuant to the Administrative Procedure Act, adopt or modify, or both, provisions of the State Uniform Construction Code to satisfy the requirements of any consent decree or order relative to maintaining or building a public sewage system which is entered in a federal court of competent jurisdiction. Such provisions shall specify in which municipalities or parishes the rules and regulations adopted pursuant to this Paragraph shall apply.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 484, §1; Acts 2009, No. 501, §1; Acts 2013, No. 390, §1, eff. Jan. 1, 2014; Acts 2014, No. 836, §1, eff. June 23, 2014; Acts 2022, No. 160, §1.
La. Rev. Stat. § 40:2156 — LA Code / Code revised-statutes / Title 40 / Section 2156
Rules and regulations; licensing standards; fees
Status: in_force

A. The department shall promulgate and publish rules, regulations, and licensing standards, in accordance with the Administrative Procedure Act, to provide for the licensure of behavioral health services providers, to provide for the health, safety, and welfare of persons receiving care and services from providers, and to provide for the safe operation and maintenance of providers. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the department in accordance with the Administrative Procedure Act. The rules, regulations, and licensing standards shall have the effect of law.

B. The department shall prescribe, promulgate, and publish rules, regulations, and licensing standards for behavioral health services providers. The rules, regulations, and licensing standards shall include but are not limited to the following:

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

(2) Operational and personnel requirements.

(3) Practice standards to assure quality of care.

(4) Practice standards to assure the health, safety, welfare, and comfort of persons receiving care and services, including pregnant women as provided for in R.S. 40:2159.2.

(5) Confidentiality of clients' records.

(6) Treatment priorities, residential and outpatient criteria, and residential treatment program requirements including, without limitation, those provided in R.S. 40:2159.1.

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

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

(9) Initial and annual renewal of license, including the requirement of providing verification and continuous maintenance of financial viability for all behavioral health services providers other than those owned by governmental entities.

(10) Provisional licenses.

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

(12) Planning, construction, and design of the facility or provider to ensure the health, safety, welfare, and comfort of persons receiving care and services.

(13) Modules of behavioral health services providers with varying levels or types of services. The modules for behavioral health services providers shall include at a minimum:

(a) Mental Health Services Module.

(b) Substance Abuse/Addiction Treatment Module.

(14) Requirements for offsite or branch locations.

(15) Other regulations or standards as will ensure proper care and treatment of persons receiving care and services, including provisions relative to civil monetary penalties, as may be deemed necessary for an effective administration of this Part.

(16) Delivery of behavioral health services through telehealth.

C. The department shall have the authority to monitor, survey, and regulate mental health clinics and substance abuse/addiction treatment facilities under the existing licensing regulations for the programs until the department publishes minimum licensing standards for behavioral health services providers and the time for all existing licensed mental health clinics and substance abuse/addiction treatment facilities to apply for the behavioral health services provider license has expired.

Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2019, No. 425, §1, eff. Jan. 1, 2020; Acts 2020, No. 191, §2; Acts 2022, No. 309, §1, eff. Jan. 1, 2023.
La. Rev. Stat. § 40:1227.4 — LA Code / Code revised-statutes / Title 40 / Section 1227.4
Remote patient monitoring
Status: in_force

Remote patient monitoring services provided through telehealth may be used by patients who meet the requirements of this Section and are capable and willing to use home telehealth and can maintain performance of needed tasks or have the availability of informal caregivers to help with remote patient monitoring through telehealth.

Acts 2024, No. 749, §1.
La. Rev. Stat. § 40:2024.3 — LA Code / Code revised-statutes / Title 40 / Section 2024.3
Louisiana Domestic Abuse Fatality Review Panel; membership; chairman; proxies
Status: in_force

A. The legislature hereby establishes within the Louisiana Department of Health a review panel which shall be designated as the "Louisiana Domestic Abuse Fatality Review Panel", hereinafter referred to in this Part as "review panel". The review panel shall be comprised of the following members:

(1) The state health officer or his designee.

(2) The secretary of the Louisiana Department of Health or his designee.

(3) The secretary of the Department of Children and Family Services or his designee.

(4) The assistant secretary of the office of behavioral health of the Louisiana Department of Health or his designee.

(5) The director of the bureau of emergency medical services of the Louisiana Department of Health or his designee.

(6) The director of the governor's office on women's policy or his designee.

(7) The superintendent of state police or his designee.

(8) The state registrar of vital records in the office of public health or his designee.

(9) The attorney general or his designee.

(10) A district attorney or assistant district attorney appointed by the Louisiana District Attorneys Association.

(11) A sheriff appointed by the Louisiana Sheriffs' Association.

(12) A police chief appointed by the Louisiana Association of Chiefs of Police.

(13) A coroner appointed by the president of the Louisiana Coroners Association.

(14) The executive director of the Louisiana Coalition Against Domestic Violence or his designee.

(15) The executive director of a community-based domestic violence service organization or his designee.

(16) The president of the Louisiana Clerks of Court Association or his designee.

(17) A forensic pathologist certified by the American Board of Pathology and licensed to practice medicine in the state appointed by the Louisiana State Board of Medical Examiners.

(18) A representative of the Louisiana Protective Order Registry appointed by the judicial administrator of the Louisiana Supreme Court.

(19) A representative of the legal services program funded by the Legal Services Corporation that regularly provides civil legal representation to survivors of domestic violence.

(20) A director or his designee of a local supervised visitation or safe exchange center who is professionally trained to identify the unique safety needs of domestic violence victims.

B. Any additional persons may be appointed to the review panel who are determined to have relevant knowledge regarding domestic abuse and would aid the review panel in fulfilling its duties.

C. The members of the review panel shall elect a chairman to serve the review panel.

D. Notwithstanding the provisions set forth in Subsection A of this Section, each member shall be entitled to appoint a single person to serve as proxy for the duration of his term if the member is unable to attend a meeting of the review panel. The term of the designated proxy shall be the same as the voting member. A member appointing a person to serve as his designated proxy shall make his appointment known to the chairman of the review panel.

Acts 2021, No. 320, §2, See Act.
La. Rev. Stat. § 40:34.4 — LA Code / Code revised-statutes / Title 40 / Section 34.4
Original birth certificate; required contents; circumstances of birth
Status: in_force

The circumstances of the birth of the child shall be entered on the original birth certificate. These circumstances shall include all of the following:

(1) Time of birth.

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

(3) Place of birth, address, including city or town and state; if in a hospital or other institution, its name.

(4) Whether a plural birth. A separate certificate is required for each child in a plural birth.

(5) If a plural birth, the number of each child in order of birth.

Acts 2016, No. 434, §3.
La. Rev. Stat. § 40:2204 — LA Code / Code revised-statutes / Title 40 / Section 2204
Hospital participation; tangible benefit presumed
Status: in_force

A. Whenever any hospital or governmental body is a party to a preferred provider organization contract, there shall be a rebuttable presumption that such hospital or governmental body contracted with the expectation of receiving a tangible benefit rather than making a donation of services in violation of Section 14(A) of Article VII of the Constitution of Louisiana.

B. Unless clearly indicated otherwise in a preferred provider organization contractual arrangement, it shall be presumed that the hospital, governmental body, or other provider negotiated the contract with the knowledge that such agreement would result in a tangible benefit to the hospital or governmental body and would not constitute a donation of its services to a group purchaser in violation of the Constitution of Louisiana, Article VII, Section 14(A).

C. Whenever a hospital or governmental body is a party to a preferred provider organization contract, the provisions of R.S. 39:1481 et seq. shall not apply.

D.(1) The state, or any agency of the state authorized by law to contract with or develop preferred provider organizations or other managed health care arrangements, including the Office of Group Benefits, when interested in developing or participating in a preferred provider organization or other managed care arrangement, shall develop criteria governing the state's or the agency's contracting with health care providers or with preferred provider organizations or other managed care arrangements. All such criteria shall be approved by the appropriate standing committees of the legislature having jurisdiction over review of that agency's rules, or the subcommittees on oversight of such standing committees, and the office of state procurement of the division of administration.

(2) Each agency authorized by law to develop or contract with preferred provider organizations or other managed care arrangements shall promulgate rules and regulations to establish a process through which notice of intent to contract with health care providers, preferred provider organizations, or other managed care arrangements is given. The rules and regulations shall contain provisions requiring written or published notice of the agency's intent to seek contracts for the requested services and the availability, upon request, of a detailed explanation of the services sought and of the criteria that are to be used in developing contracts. There shall be a written public announcement of the contractor or contractors awarded the contract. Upon request, any entity submitting a proposal which is not accepted shall be furnished a written explanation for the agency's action. Any contract executed in violation of rules and regulations promulgated under this Subsection shall be void.

(3) All contracts shall be approved by the chief executive officer in the Office of Group Benefits.

(4) The provisions of this Section shall not be applicable to the Louisiana Department of Health.

Added by Acts 1984, No. 374, §1, eff. July 6, 1984. Amended by Acts 1990, No. 585, §1, eff. July 19, 1990; Acts 1992, No. 864, §1; Acts 1993, No. 783, §1; Acts 2001, No. 1178, §4, eff. June 29, 2001; Acts 2014, No. 864, §§4 and 5.
La. Rev. Stat. § 40:31.67 — LA Code / Code revised-statutes / Title 40 / Section 31.67
Funding
Status: in_force

The provisions of this Part shall be implemented only to the extent that funds become available. The office of public health, a public health unit, or their agents or providers may solicit funding from any and all sources, including private or federal funds, to implement these provisions.

Acts 2005, No. 210, §1.
La. Rev. Stat. § 40:534 — LA Code / Code revised-statutes / Title 40 / Section 534
Certificate of appointment or reappointment
Status: in_force

A certificate of appointment or reappointment of any commissioner appointed or reappointed by the chief elected official or governing body of a municipality or parish, as the case may be, shall be filed with the secretary or clerk of the governing body of the municipality or parish, and such certificate shall be conclusive evidence of the proper appointment of such commissioner.

Acts 1997, No. 1188, §1; Acts 2003, No. 923, §1.
La. Rev. Stat. § 40:631 — LA Code / Code revised-statutes / Title 40 / Section 631
Factory inspections
Status: in_force

A. In order to prevent commerce in adulterated or misbranded food, drugs, devices, or cosmetics and to safeguard the public health and prevent deceit upon the purchasing public, officers or employees duly designated by the department, after making reasonable request, may enter any factory, warehouse, or other establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held for storage or shipment in commerce or are held after such shipment, or any vehicle being used to transport food, drugs, devices, or cosmetics in commerce and inspect the factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.

B. No owner, operator, or custodian of such a place shall refuse this reasonable request, under pain of the penalties provided in this Part.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1790 — LA Code / Code revised-statutes / Title 40 / Section 1790
Rules and regulations; importation of firearms
Status: in_force

The department may prescribe such rules and regulations as are necessary for carrying out the provisions of this Part.

Under regulations prescribed by the department, any firearm may be imported or brought into this state or possessed or transferred when the purpose thereof is shown to be lawful.
La. Rev. Stat. § 40:2009.20 — LA Code / Code revised-statutes / Title 40 / Section 2009.20
Duty to make complaints; penalty; immunity
Status: in_force

A. As used in this Section, the following terms shall mean:

(1) "Abuse" is the infliction of physical or mental injury or the causing of the deterioration of a consumer by means including but not limited to sexual abuse, or exploitation of funds or other things of value to such an extent that his health or mental or emotional well-being is endangered.

(2) "Neglect" is the failure to provide the proper or necessary medical care, nutrition, or other care necessary for a consumer's well-being.

B.(1) Any person who is engaged in the practice of medicine, social services, facility administration, psychological or psychiatric services; or any registered nurse, licensed practical nurse, nurse's aide, home- and community-based service provider employee or worker, personal care attendant, respite worker, physician's assistant, physical therapist, or any other direct caregiver having knowledge that a consumer's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall, within twenty-four hours, submit a report to the department or inform the unit or local law enforcement agency of such abuse or neglect. When the department receives a report of sexual or physical abuse, whether directly or by referral, the department shall notify the chief law enforcement agency of the parish in which the incident occurred of such report. Such notification shall be made prior to the end of the business day subsequent to the day on which the department received the report. For the purposes of this Paragraph, the chief law enforcement agency of Orleans Parish shall be the New Orleans Police Department.

(2) Any person who knowingly or willfully violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than two months, or both.

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

D. All hospitals shall permanently display in a prominent location in their emergency rooms a copy of R.S. 40:2009.20.

Added by Acts 1982, No. 551, §1. Acts 1983, No. 98, §1; Acts 1983, No. 616, §1; Acts 1990, No. 859, §2; Acts 1997, No. 1002, §1; Acts 2002, 1st Ex. Sess., No. 80, §2; Acts 2003, No. 832, §1; Acts 2008, No. 839, §3, eff. July 8, 2008.
La. Rev. Stat. § 40:393 — LA Code / Code revised-statutes / Title 40 / Section 393
Resolution of governing body
Status: in_force

In order for a municipality or parish to establish a local housing authority which may conduct business and exercise its powers, the governing body of such municipality or parish desiring to establish such authority shall adopt a resolution declaring, in substance, that there is a need for a local housing authority in said municipality or parish because there exists a shortage of decent, safe, and sanitary housing in the municipality or parish or that such housing is not affordable to all residents thereof, regardless of income. No further action or findings shall be necessary. Upon the adoption of the resolution, the local housing authority shall be established and shall have perpetual existence unless dissolved in accordance with law.

Amended by Acts 1950, No. 401, §4; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1275.3 — LA Code / Code revised-statutes / Title 40 / Section 1275.3
Mandatory reporting requirement
Status: in_force

The office shall establish a central registry of persons with severe head injuries and shall collect data on the nature, causes, and effects of severe head injuries. The office, by rule, shall require appropriate health care professionals and health care facilities to report severe head injuries to the central registry. The office shall provide for the analysis of such data and for dissemination of such data and analysis for the purposes of prevention of severe head injuries and care and support for persons with severe head injuries.

Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.173 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:29 — LA Code / Code revised-statutes / Title 40 / Section 29
State health laboratories; fee schedule
Status: in_force

A. Except as provided in duly promulgated rules and regulations, each laboratory operated by the office of public health of the Louisiana Department of Health on a statewide, regional, or parish basis whether in connection with a parish health unit or independently operated by the office as a state laboratory shall not perform any test, procedure, function, or any operation unless the office charges and receives payment of a fee for such test, procedure, function, or operation as is required by the fee schedule provided in this Section.

B. The fee schedule provided in this Section shall not apply and no such fee shall be charged:

(1) To the office of public health of the Louisiana Department of Health or a patient at a parish health unit or to any physician, hospital, clinic, nurse, or any other individual who is treating a patient of the office of public health or a parish health unit in an official capacity unless payment of such fee is required by rules and regulations duly promulgated pursuant to Subsection D of this Section.

(2) For the diagnosis of tuberculosis or venereal disease.

(3) In any instance when the state health officer declares an epidemic, for any test, procedure, function, or operation related to such epidemic.

(4) If exemption from payment is otherwise provided by the state sanitary code.

(5) To any state hospital or institution when the secretary of the Louisiana Department of Health requires the office of public health or a parish health unit laboratory to act for such institution in case of emergency.

C. The schedule of fees required by this Section shall be as follows and the appropriate fee or fees as provided by this fee schedule shall be charged for any test, procedure, function, or operation performed by a state, regional, or parish health unit laboratory operated by the office of public health, on specimens, cultures, or procedures which are submitted by any physician, hospital, clinic, nurse, veterinarian, or any other individual, except as otherwise provided in this Section:

Test Description Fee

(1) Ab identification, RBC each panel, $ 57.00

each serum technique

(2) Ab screen, RBC each serum $ 21.00

technique

(3) Adenovirus Ab $ 18.00

(4) Alpha fetal protein (amniotic fluid) $ 22.00

(5) Alpha fetal protein (serum) $ 22.00

(6) Antibiotic disc test $ 4.00

(7) Blood-hemogram, automated and $ 8.00

manual differential WBC (CBC)

(8) Blood-RBC antigen other than ABO $ 5.00

and Rh(D), each antigen

(9) Blood-Rh (D) antigen $ 19.00

(10) Blood-typing, ABO $ 4.00

(11) Bordatella parapertusis Ab $ 19.00

(12) Bordetella pertusis antigen $ 19.00

(13) Bordetella pertusis culture $ 11.00

(14) Borelia Ab IgG (relapsing fever) $ 19.00

(15) Borelia Ab IgM (relapsing fever) $ 19.00

(16) Borelia Ab total (relapsing fever) $ 19.00

(17) Brucella abortus Ab $ 14.00

(18) Chlamydia Ab (LGV) $ 18.00

(19) Chlamydia testing by DNA gene $ 18.00

probe, each probe used

(20) Clinical chemistries/21 tests + $ 15.00

amylase

(21) Corynebacterium diptheriae culture $ 11.00

(throat or nose)

(22) Coxiella brunetti (Q fever) Phase

1-IgG and IgM $ 18.00

(23) Coxiella brunetti (Q fever) Phase $ 18.00

2-IgG and IgM

(24) Cryptococcus Ab $ 21.00

(25) Culture typing, precipitin method

(grouping) per antiserum $ 7.00

(26) Culture typing, serologic method, $ 7.00

agg grouping, per antiserum

(27) Culture typing, serologic method, $ 5.00

speciation

(28) Culture, Bact, screen, stool $ 13.00

(29) Culture Bact, anaerobe, ID, any source $ 11.00

without GLC

(30) Culture Bact, ID, aerobe, any source $ 11.00

(31) Culture, Bact, screen (aerobic and $ 15.00

anaerobic plates)

(32) Culture, Bact, screen, other source $ 12.00

(33) Culture, Bact, screen, throat or nose $ 11.00

(34) Culture, Bacti, anaerobe, isolation, any $ 13.00

source

(35) Culture, Bacti, ID anaerobe with GLC $ 20.00

(36) Culture, Bacti, ID any source, in $ 8.00

addition to primary culture

(37) Culture, Bacti, ID presumptive, any $ 12.00

source, multiple organism

(38) Culture, Bacti, ID presumptive, any $ 10.00

source, single organism

(39) Culture, Bacti, ID screen, any source $ 9.00

single organism

(40) Culture, Bacti, ID, screen, multiple $ 12.00

organisms

(41) Culture, Bacti, ID, urine $ 9.00

(42) Cytomegalovirus (CMY) Ab IgG $ 20.00

(43) Cytomegalovirus (CMV) Ab IgM $ 20.00

(44) Dengue fever Ab $ 18.00

(45) Encephalitis testing in birds (per viral $ 19.00

study)

(46) Encephalitis, Eastern equine IgG $ 19.00

(47) Encephalitis, Eastern equine IgM $ 19.00

(48) Encephalitis, La Crose (California) $ 19.00

IgG

(49) Encephalitis, La Crose (California) $ 19.00

IgM

(50) Encephalitis, Saint Louis IgG $ 19.00

(51) Encephalitis, Saint Louis IgM $ 19.00

(52) Encephalitis, Western Equine IgG $ 19.00

(53) Encephalitis, Western Equine IgM $ 19.00

(54) Enterovirus Ab (eg coxsckie, echo, $ 19.00

polio)

(55) Erlichia Ab $ 18.00

(56) Estradiol assay $ 52.00

(57) Flourescent Ab screen, each Ab $ 18.00

(Bordatella)

(58) Flourescent Ab titer, each Ab $ 17.00

(59) Flourescent antibody (direct) (rabies $ 18.00

DFA)

(60) Fluorescent antibody (indirect) $ 34.00

(61) Flourescent antibody - double stain $ 8.00

(62) Follicle stimulating hormone (FSH) $ 35.00

(63) Francisella tularensis Ab $ 15.00

(64) Glucose quantitative $ 7.00

(65) Hepatitis, anti-A $ 18.00

(66) Hepatitis, anti-C $ 18.00

(67) Hepatitis, anti-HBc total $ 17.00

(68) Hepatitis, anti-HBe $ 18.00

(69) Hepatitis, anti-HBs $ 15.00

(70) Hepatitis, HBe Ag $ 16.00

(71) Hepatitis, HBs Ag $ 15.00

(72) Herpes I group IgG $ 19.00

(73) Herpes II group IgG $ 19.00

(74) Herpes II group IgM $ 19.00

(75) Herpes simplex Type 1 and 2 Ab differential $ 20.00

(76) HIV-Dry Blood Spot analysis $ 6.00

(77) HIV-1 EIA $ 13.00

(78) HIV-1 WB $ 28.00

(79) Human arbovirus IgG $ 18.00

(80) Human arbovirus IgM $ 18.00

(81) Human chorionic gonadotropic (hCG) $ 21.00

pregnancy test-quantitative

(82) Human chorionic gonadotropic (hCG) $ 11.00

pregnancy test-qualitative

(83) Human rickettsia IgG $ 10.00

(84) Human rickettsia IgM $ 10.00

(85) Influenza A Ab $ 20.00

(86) Influenza B Ab IgG $ 20.00

(87) Legionella Ab $ 21.00

(88) Leptospirosa Ab $ 19.00

(89) Leutinizing hormone assay $ 36.00

(90) Lipoproteins HDL cholesterol $ 14.00

(91) Lipoproteins triglycerides $ 11.00

(92) Lymes-(borellia burgdorferi) IgG $ 22.00

(93) Lymes-(borellia burgdorferi) IgM $ 22.00

(94) Meningoencephalytic Ab (adult) $ 18.00

(95) Meningoencephalytic Ab (childhood) $ 18.00

(96) Mumps virus Ab $ 19.00

(97) Mycoplasma pneumonia Ab $ 19.00

(98) Neisseria gonorrhoeae testing by DNA $ 18.00

gene probe

(99) Newborn screening panel $ 31.00

(100) Parainfluenza I Ab $ 18.00

(101) Parainfluenza II Ab $ 18.00

(102) Parainfluenza III Ab $ 18.00

(103) Parasite large volume filtration $ 47.00

(104) Polio virus Ab-Type I $ 19.00

(105) Polio virus Ab-Type II $ 19.00

(106) Polio virus Ab-Type III $ 19.00

(107) Prolactin assay $ 36.00

(108) R. rickettsia Ab to antigen (Rocky $ 18.00

Mountain spotted fever)IgG or IgM

(109) R. typhi Ab (typhus fever) IgG or $ 18.00

IgM

(110) Rabies analysis $ 73.00

(111) Reovirus Ab $ 18.00

(112) Respiratory syncytial virus (RSV) Ab $ 18.00

(113) Rheumatoid factor - qualitative (latex) $ 8.00

(114) Rheumatoid factor - quantitative $ 8.00

(115) Rotavirus Ab $ 19.00

(116) Rubella (German measles) Ab, IgG $ 20.00

(117) Rubella (German measles) Ab, IgM $ 20.00

(118) Rubeola (red measles) Ab, IgG $ 18.00

(119) Rubeola (red measles) Ab, IgM $ 18.00

(120) Sensitivity study; antibiotics, disk $ 10.00

method, per plate (12)

(121) Smear with interpretation $ 6.00

(122) Syphilis test VDRL qualitative (serum $ 6.00

and CSF)

(123) Syphilis test VDRL quantitative, $ 6.00

MHA-TP (serum and CSF)

(124) T cells including cell ratio $ 54.00

(125) TB panel (bilirubin, AST, uric acid, $ 11.00

creatinine)

(126) TB screen-AST $ 7.00

(127) TB, AFB, antibiotic sensitivities, each $ 8.00

drug (includes culture)

(128) TB-AFB smear $ 8.00

(129) TB-concentration and isolation of $ 16.00

mycobacteria, each

(130) TB-DNA probe identification of AFB $ 18.00

cultures

(131) TB-HPLC ident of mycobacterium $ 26.00

(132) Tissue culture studies $ 163.00

(133) TORCH Ab (CMV, Herpes, Rubella, $ 82.00

Toxo) IgG

(134) TORCH Ab (CMV, Herpes, Rubella, $ 82.00

Toxo) IgM

(135) Toxoplasma Ab, IgG $ 18.00

(136) Toxoplasma Ab, IgM $ 21.00

(137) Treponema pallidium Ab- $ 19.00

confirmatory test FTA-ABS

(138) Typhus in rats-antigen to antibody $ 10.00

(139) Varicella zoster Ab, IgG $ 18.00

(140) Vibrio cholerae ID $ 93.00

(141) Vibrio vulnificus ID $ 47.00

(142) Viral load studies for HIV $ 121.00

(143) Virus ID-tissue cult. additional studies, $ 34.00

each isolate

(144) Virus ID-tissue cult. inoculation and $ 37.00

observation

(145) Virus ID-tissue cult. inoculation of $ 28.00

egg/small animal, observation

(146) Yersinia pestis (plague) study in rats, $ 154.00

includes slide prep. animal inoculation,

plague demonstration

(147) Any public health biochemistry $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(148) Any public health microbiology $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(149) Any public health serology $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(150) Any public health virology $ 1.75

procedure not expressly stated will

be charged based on the cost per

unit of time (work time unit or WTU)

as calculated by the fiscal department

of the office of public health

(151) Any research procedure not expressly $ 1.75

stated will be charged based on the

cost per unit of time (work time

unit or WTU) as calculated by the

fiscal department of the office of

public health

(152) A-1 (FC MPN) $ 20.00

(153) Adipates/Phathalates $ 160.00

(154) Alfatoxins (HPLC) $ 119.00

(155) Alfatoxins (screen) $ 40.00

(156) Alkalinity (total) $ 9.00

(157) Aluminum $ 16.00

(158) Antibiotic disc assay $ 16.00

(159) Antibiotic sensitivity study/ $ 6.00

antibiotic

(160) Antimony $ 33.00

(161) Arsenic $ 16.00

(162) Barium $ 16.00

(163) Beryllium $ 16.00

(164) BOD-5 day (manual) $ 160.00

(165) BOD-automated robotic testing $ 26.00

(166) Bottled and vended waters-colilert $ 4.00

(167) Bottled water-herbicides $ 237.00

(168) Bottled water-trihalomethanes (THM) $ 33.00

(169) Bottled water-VOC (P/T) $ 172.00

(170) Butter analysis $ 121.00

(171) Butterfat, babcock $ 27.00

(172) Butterfat, roese-gotlieb (confirmation) $ 92.00

(173) Butterfats and nonfat solids $ 32.00

(174) C. jejeuni and C. campylobacter- $ 33.00

environmental

(175) Cadmium $ 16.00

(176) Cadmium in foods $ 3.00

(177) Caffeine $ 79.00

(178) Calcium hardness $ 8.00

(179) Carbamates $ 200.00

(180) Caustics $ 11.00

(181) Cereal analysis-qualitative $ 1.00

(182) Cereal analysis-quantitative $ 32.00

(183) Charm I; App N antibiotic testing $ 13.00

(184) Charm II; App N antibiotic testing- $ 13.00

cloaxacillin

(185) Charm II; App N antibiotic testing- $ 13.00

other

(186) Charm II; App N antibiotic testing- $ 40.00

quantitative

(187) Charm II; App N antibiotic testing- $ 13.00

sequential

(188) Chemical oxygen demand (COD) $ 80.00

(189) Chloride %-hypochlorites and $ 7.00

chloramines (screen)

(190) Chloride %; hypochlorites and $ 21.00

chloramines (confirmation)

(191) Chlorides $ 7.00

(192) Chromium $ 17.00

(193) Coffee (chicory) $ 4.00

(194) Coliform determinations-confirmed $ 31.00

(includes MPN for coliform and fecal

coliform)

(195) Coliform determinations-E. coli $ 13.00

(verified) each isolate

(196) Coliform determinations-fecal $ 8.00

(197) Coliform determinations-fecal by

MPN (includes presumptive, $ 45.00

completed, and confirmed tests)

(198) Coliform determinations-fecal $ 31.00

coliforms (includes coliform and

E. coli MPN)

(199) Colilert $ 8.00

(200) Color $ 5.00

(201) Color and preservatives in food $ 80.00

(202) Compliance analysis of nutritional $ 13.00

content and labeling

(203) Conductivity $ 7.00

(204) Copper flame AA $ 9.00

(205) Copper ICAP $ 4.00

(206) Corrosion control (copper, lead, pH, $ 53.00

alkalinity, THRD)

(207) Cosmetics (organoleptics, net weight, $ 13.00

filth, and foreign materials)

(208) Cryoscope (added water) $ 8.00

(209) Cyanide $ 160.00

(210) Dairy waters-MTF $ 19.00

(211) Diquat $ 200.00

(212) Dissolved oxygen (DO) $ 8.00

(213) Drained weight analysis $ 7.00

(214) Dry skim milk-qualitative $ 3.00

(215) Dry skim milk-quantitative $ 119.00

(216) Dual column (confirmation) $ 33.00

(217) E. coli 015:H7 $ 27.00

(218) E. coli MPN $ 31.00

(219) E. coli speciation $ 20.00

(220) Endothall $ 253.00

(221) Ethylene dibromide (EDB) $ 133.00

(222) Etiological agent ID for consumer $ 100.00

food, beverage

(223) Fecal coliform MPN (includes $ 31.00

presumptive, completed, and

confirmed tests)

(224) Filth and foreign (filter) $ 5.00

(225) Filth and foreign (macro) $ 5.00

(226) Filth and foreign (micro) $ 7.00

(227) Filth and foreign (trap/sv) $ 389.00

(228) Fluoride analysis $ 20.00

(229) Fluorides $ 11.00

(230) Foreign fat (R1) $ 4.00

(231) Formaldehyde testing (AIR) $ 409.00

(232) Fossomatic CC $ 12.00

(233) Fossomatic OSCC $ 13.00

(234) Free CO2 $ 12.00

(235) Gamma screen $ 26.00

(236) GC/MS confirmation $ 479.00

(237) General chemistry (organoleptic, $ 16.00

net weight, filth, and foreign

materials)

(238) Glycol/recirculating water $ 13.00

(10-tube MPN)

(239) Glycol/Recirculating water (HPC) $ 8.00

(240) Glyphosphate $ 160.00

(241) Gross alpha and beta (radon 222, $ 67.00

radium 226, radium 228, radon,

uranium)

(242) Heavy metal (ICAP) $ 100.00

(243) Heavy metals (includes Hg) $ 180.00

(244) Herbicides $ 240.00

(245) Heterotrophic plate count (HPC) $ 8.00

(246) Inorganic chemicals $ 299.00

(247) Iodine 131 $ 396.00

(248) Iron $ 17.00

(249) Iron and alumina oxide $ 33.00

(250) Lead-other analysis by furnace $ 55.00

atomic absorption

(251) Lead analysis (wipes) $ 20.00

(252) Lead analysis in water/chemistry $ 20.00

(253) Lead analysis in waters-schools, $ 20.00

day care, water coolers, faucets

(254) Lead analysis of paint $ 40.00

(255) Lead and copper analysis for private $ 23.00

residence water

(256) Lead-blood lead screen by graphite $ 13.00

furnace atomic absorption

(257) Listeria analysis-milk $ 27.00

(258) Listeria analysis-food $ 100.00

(259) Listeria culture-environmental $ 20.00

(260) Loss on ignition $ 5.00

(261) Manganese $ 16.00

(262) Mercury in foods $ 79.00

(263) Mercury in water $ 20.00

(264) Metal (1 metal) ICAP $ 16.00

(265) Metals (13 metals) ICAP $ 53.00

(266) Metals (4 metals) ICAP $ 24.00

(267) Metals (ICAP) plus mercury $ 180.00

(268) Metals in food-ICAP $ 40.00

(269) Microbiology culture for $ 175.00

environmental organisms

(listeria,canpylobacter, yersenia,

salmonella, staphylococcus, and

E. coli)

(270) Milk containers-paper and plastic $ 17.00

(271) Net weight and contents $ 7.00

(272) Nickel $ 16.00

(273) Nitrate $ 13.00

(274) Nitrates and nitrites $ 13.00

(275) Nitrites $ 13.00

(276) Nonfat solids $ 5.00

(277) Nuisance organisms $ 20.00

(278) Oil and grease $ 158.00

(279) Organoleptic exam $ 3.00

(280) Organoleptic exam in foods $ 13.00

(281) Oyster meat analysis for vibrio

and salmonella $ 40.00

(282) Oyster waters-analysis for $ 33.00

salmonella, shigella, vibrio, staph

(283) Oyster waters; metals $ 100.00

(284) Oyster waters; organics $ 40.00

(285) Oyster waters; pesticides $ 233.00

(286) Pesticide (Endrin, lindane, $ 100.00

methoxychem, toxophene)

(287) Pesticide battery 12 assays $ 201.00

(288) Pesticide residues-food $ 273.00

(289) Pesticide residues-grains $ 273.00

(290) Pesticide residues-vegetables $ 233.00

(291) Pesticide/PCBs in soil $ 246.00

(292) Pesticides/herbicides and PCB $ 100.00

(293) Pesticides/metals-ICP $ 313.00

(294) Pesticides/PCBs $ 233.00

(295) Pesticides/PCBs (Food) $ 233.00

(296) Pesticides/PCBs (HECD) $ 273.00

(297) Pesticides/PCBs (NPD) $ 273.00

(298) Pesticides/PCBs (serum) $ 64.00

(299) Pesticides/PCBS GC/MS $ 475.00

(300) Pesticides/PCBs in seafood $ 233.00

(301) Pesticides/PCBs in water (multi-scan) $ 233.00

(302) Pesticides/water (multi-scan) $ 231.00

(303) pH $ 5.00

(304) Phenols $ 319.00

(305) Phosphatase by fluorophos $ 7.00

(306) Phosphatase by sharer $ 11.00

(307) Phosphatase by sharer-reactivation $ 46.00

(308) Phosphatase by sharer-interfering $ 11.00

substances

(309) Phosphatase by sharer-microbial $ 34.00

(310) Phosphates $ 40.00

(311) Polyaromatic hydrocarbons (PAH) $ 79.00

(312) Potassium $ 16.00

(313) Priority chemicals $ 166.00

(314) Radionuclides; gamma $ 53.00

(315) Radium 226 and 228 $ 725.00

(316) Radon 222 $ 79.00

(317) Red tide (sample prep for mouse $ 67.00

assay)

(318) Red tide (tissue culture assay) $ 133.00

(319) Reducing sugars $ 133.00

(320) Residual chlorine (chloramines) $ 20.00

(321) Residue/insoluble materials $ 237.00

(pipe scales)

(322) Salinity $ 7.00

(323) Salmonella analysis-food $ 27.00

(324) Salmonella and vibrio analysis $ 126.00

(325) Salmonella culture $ 20.00

(326) Salmonella culture-chocolate $ 47.00

(327) Secondary chemicals $ 146.00

(328) Sediment analysis $ 240.00

(329) Selenium $ 33.00

(330) Shellfish-microbial screen $ 166.00

(staph aureus, salmonella, shigella,

vibrio, listeria)

(331) Silicates $ 40.00

(332) Silver $ 16.00

(333) Silvex 2,4-D and 2,4 TP $ 237.00

(334) Sodium $ 16.00

(335) Sodium and potassium $ 11.00

(336) Staphylococcus analysis- $ 20.00

Environmental

(337) Staphylococcus aureus ID- $ 13.00

Environmental

(338) Strontium 89 and 90 $ 396.00

(339) Sulfates $ 8.00

(340) Sulfides $ 47.00

(341) Sulfite analysis-qualitative $ 3.00

(342) Sulfite analysis-quantitative $ 48.00

(343) Surfactants (MBAS) $ 158.00

(344) Synthetic organic chemicals $1,131.00

(13 classes)

(345) Syrup-polarization $ 106.00

(346) Thallium $ 33.00

(347) Total chlorine residual $ 11.00

(348) Total dissolved solids $ 11.00

(349) Total hardness $ 8.00

(350) Total solids $ 11.00

(351) Total solids (lactometer) $ 7.00

(352) Total solids-drying $ 17.00

(353) Total suspended solids $ 27.00

(354) Trihalomethanes (THM)- $ 33.00

(liquid/liquid)

(355) Trihalomethanes (THM)- $ 79.00

(purge and trap)

(356) Tritium (H3) $ 79.00

(357) Turbidity $ 4.00

(358) Unregulated volatile organics $ 173.00

(359) Uranium $ 198.00

(360) Urines for methylparathion $ 8.00

(361) Vibrio cholerae $ 150.00

identification and typing

(362) Vibrio vulnificus identification $ 118.00

(363) Vitamin A $ 158.00

(364) Vitamins A and D $ 185.00

(365) Vitamin D $ 158.00

(366) Volatile organic chemicals $ 33.00

(VOCs) (liquid/liquid)

(367) Volatile organic chemicals $ 172.00

(VOCs) (purge and trap)

(368) Yersinia culture-environmental $ 30.00

(369) Zinc $ 16.00

(370) Zinc in foods $ 3.00

(371) Any environmental chemistry and $ 1.75

toxicology procedure not expressly

stated will be charged based on the

cost per unit of time (work time unit

or WTU) as calculated by the fiscal

department of the office of public health

(372) Any environmental microbiology $ 1.75

procedure not expressly stated

will be charged based on the cost

per unit of time (work time unit

or WTU) as calculated by the fiscal

department of the office of public

health

(373) Any research procedure not $ 1.75

expressly stated will be charged

based on the cost per unit of time

(work time unit or WTU) as

calculated by the fiscal department

of the office of public health

D. The Louisiana Department of Health may adopt rules and regulations in accordance with the Administrative Procedure Act to provide for the collection of fees required by the fee schedule provided in this Section. The rules may also provide for modification of the fee schedule, provided a fee shall not exceed the prevailing market price for the item.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1997, No. 840, §1, eff. July 1, 1997.
La. Rev. Stat. § 40:1089.2 — LA Code / Code revised-statutes / Title 40 / Section 1089.2
Definitions
Status: in_force

As used in this Subpart:

(1) "Healthcare provider" means a physician as defined in R.S. 37:1262, a licensed nurse practitioner, a licensed physician assistant, or a licensed psychologist, which person has received training in neuropsychology or concussion evaluation and management. (2) "Public recreation facility" means a recreation facility owned or leased by the state of Louisiana or a political subdivision thereof.

(3) "Youth athletic activity" means an organized athletic activity where the majority of the participants are seven years of age or older and under nineteen years of age, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. "Youth athletic activity" shall not include college or university activities or an activity which is entered into for instructional purposes only, an athletic activity that is incidental to a nonathletic program, or a lesson.

Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.182 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1061.20 — LA Code / Code revised-statutes / Title 40 / Section 1061.20
Conscience in health care protection; definitions
Status: in_force

A.(1) Any person has the right not to participate in, and no person shall be required to participate in any health care service that violates his conscience to the extent that patient access to health care is not compromised. No person shall be held civilly or criminally liable, discriminated against, dismissed, demoted, or in any way prejudiced or damaged for declining to participate in any health care service that violates his conscience.

(2) This Section shall not prevent an inquiry by an employer or patient regarding whether a person declines to participate in any health care service that violates its conscience. When a patient requests health care services, a person shall identify, in writing, as soon as practicable, his declination to provide a service in accordance with the provisions of this Section. All persons who have a sincerely held religious belief or moral conviction and who seek employment at a health care facility shall notify the prospective employer of the existence of any sincerely held religious belief or moral conviction. Any health care facility that employs a person with a sincerely held religious belief or moral conviction shall ensure that the health care facility has sufficient staff to provide patient care in the event an employee declines to participate in any health care service that violates his conscience.

(3) The provisions of this Section shall not be construed to relieve any health care provider from providing emergency care as required by state or federal law.

(4) A person shall notify his employer in writing as soon as practicable of any health care service that violates his conscience. A person shall notify any patient before such person provides any consultation or service to the patient of the existence of a health care service that he will decline to provide because the health care service violates his conscience.

B. For purposes of this Section:

(1) "Conscience" means sincerely held religious belief or moral conviction.

(2) "Health care service" is limited to abortion, dispensation of abortifacient drugs, human embryonic stem cell research, human embryo cloning, euthanasia, or physician-assisted suicide.

C. A suit alleging a violation of this Section shall be brought in a district court in accordance with R.S. 23:303.

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

Acts 2009, No. 372, §1; Redesignated from R.S. 40:1299.35.9 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
La. Rev. Stat. § 40:1664.8 — LA Code / Code revised-statutes / Title 40 / Section 1664.8
Criminal background checks; provisional license
Status: in_force

A. Each principal or officer of a firm holding a property protection endorsement shall undergo and pass a criminal background check prior to the firm receiving a license pursuant to this Subpart.

B. Each person holding a property protection endorsement shall undergo and pass a criminal background check prior to receiving a license pursuant to this Subpart, except as provided in R.S. 40:1664.7(F).

C. No person or officer or principal of a firm applying for a property protection license shall have been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendere to a felony charge. A person whose felony conviction has been dismissed pursuant to Code of Criminal Procedure Article 893 or the equivalent judicial dismissal shall be eligible for property protection licensure if the conviction was not a felony crime of violence specifically enumerated in R.S. 14:2(B), a sex offense as defined in R.S. 15:541(24)(a), with the exception of R.S. 14:92(A)(7) and R.S. 14:80, or a felony offense against property as enumerated in R.S. 14:51 through 62.8.

D. A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon shall not constitute an automatic disqualification as otherwise required pursuant to Subsection C of this Section if ten or more years has elapsed between the date of application and the date of successful completion or service of any sentence, deferred adjudication, or period of probation or parole.

E. Subsection D of this Section shall not apply to any person convicted of a felony crime of violence specifically enumerated in R.S. 14:2(B), a sex offense as defined in R.S. 15:541(24)(a), with the exception of R.S. 14:92(A)(7) and R.S. 14:80, or a felony offense against property as enumerated in R.S. 14:51 through 62.8.

F. A felony conviction for any offense includes a conviction for the offense under the laws of another state or military, territorial, foreign, tribal, or federal law which is the equivalent to an offense in this state.

G. The office of state fire marshal, code enforcement and building safety, may consider the seriousness and circumstances of the offense and subsequent arrests pursuant to this Section.

H. The state fire marshal is authorized to order fingerprint analysis or any other analysis or documents deemed necessary by the state fire marshal for the purpose of verifying the criminal history of a person or named officer or principal of a firm applying for a license. The state fire marshal shall have the authority to conduct criminal history verification on a local, state, or national level. All costs for verifying criminal history shall be borne by the applicant.

I.(1) The state fire marshal may issue a provisional license to a property protection applicant for a period not to exceed sixty days from the date of issuance while verification of the applicant's criminal history is pending. The issuance of this provisional license is contingent upon the applicant's attestation that he has never been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendre to a felony charge. Any person with a provisional license issued pursuant to this Subsection shall work under the direct supervision and accompaniment of a technician who is licensed to the same firm and holding a valid license to perform the same acts.

(2) The fire marshal shall revoke the provisional license issued pursuant to Paragraph (1) of this Subsection if the applicant fails to pass the criminal background check or is in violation of R.S. 14:133.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2016, No. 229, §1; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2020, 2 nd Ex. Sess., No. 54, §1, eff. Nov. 5, 2020.
La. Rev. Stat. § 40:398 — LA Code / Code revised-statutes / Title 40 / Section 398
Concurrent jurisdiction
Status: in_force

A. Whether due to changes in the boundaries of municipalities or parishes which have established local housing authorities, or the establishment of new local housing authorities, or for any other reason, territories may exist that include the area of operation of two or more local housing authorities. Such areas shall be areas of concurrent jurisdiction.

B. No local housing authority whose area of operation shall include an area of concurrent jurisdiction shall construct, acquire, or develop any new housing development within the area of concurrent jurisdiction except upon sixty days prior written notice to all other local housing authorities existing within the area of concurrent jurisdiction. The notice shall specify the location, size, and general nature of the proposed new development. Any local housing authority receiving the notice shall have thirty days to send written objections thereto to the local housing authority sending the notice and proposing said new development.

C. If written objections are timely made, the local housing authority proposing the new development shall not proceed unless and until both authorities shall have made a good faith effort to resolve their differences and, failing such resolution, the proposing local housing authority shall submit the matter to the governing body of the municipality or parish in which said proposed new development is planned to be located. The governing body, after allowing both local housing authorities to be heard, shall decide whether said new development shall be constructed, acquired, or developed by the local housing authority proposing such action.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1634 — LA Code / Code revised-statutes / Title 40 / Section 1634
Remedy
Status: in_force

A. It shall be a rebuttable presumption that the retailer or wholesaler receives cigarettes from the manufacturer in good faith.

B. In addition to any other remedy provided by law, the state fire marshal, the Department of Revenue, the office of alcohol and tobacco control, or attorney general may file an action in a court of competent jurisdiction for a violation of this Act*, including petitioning for injunctive relief, for recovery of any costs or damages suffered by the state because of a violation of this Act, for enforcement costs relating to the specific violation, and for court costs and attorney fees. Each violation of this Act or of rules or regulations adopted under this Act constitutes a separate civil violation for which the state fire marshal, the Department of Revenue, the office of alcohol and tobacco control, or attorney general may obtain relief.

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

*Acts 2007, No. 409
La. Rev. Stat. § 40:1389 — LA Code / Code revised-statutes / Title 40 / Section 1389
Police protection for certain companies
Status: in_force

Upon the application of the collector of revenue or any railroad company, shipping transportation company, or armored car company transporting money or other valuables within this state for the appointment of police officers, the department may appoint persons whom it thinks qualified and competent for purposes of protection. The department may also appoint any other officers, agents, and employees necessary for the rendition of efficient service. Every person so appointed shall have the rank and title of special agent and shall be governed by this Sub-part when so designated by the department.

The department may revoke the commission and authority of any person appointed under this Section.
La. Rev. Stat. § 40:1137.3 — LA Code / Code revised-statutes / Title 40 / Section 1137.3
Persons in possession of AEDs; training, testing, and notification requirements; manufacturer responsibility; possession required
Status: in_force

A. In order to ensure public health and safety, any person or entity that possesses an AED shall ensure that:

(1) The AED is maintained and tested according to the manufacturer's guidelines.

(2) A licensed physician or advanced practice registered nurse who is authorized to prescribe is involved in the possessor's program to ensure compliance with the requirements for training, emergency medical service (EMS) notification, and maintenance.

(3)(a) Expected AED users regularly, on the premises of a particular entity, such as a work site or users who carry an AED in a private security patrol vehicle, receive appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED from any nationally recognized course in CPR and AED use.

(b) For purposes of this Paragraph, "expected AED users" shall be any person designated by the possessor to render emergency care.

(4) The emergency medical services system is activated as soon as possible when an individual renders emergency care to an individual in cardiac arrest by using an AED.

(5) Any clinical use of the AED is reported to the licensed physician or advanced practice registered nurse involved in the possessor's program.

B. Any person or entity that possesses an AED shall notify a local provider of emergency medical services, such as a 911 service, local ambulance service, or fire department of the acquisition, location, and type of AED.

C. Any manufacturer, wholesale supplier, or retailer of an AED shall notify purchasers of AEDs intended for use in the state of the requirements of this Section.

D.(1) The owner of or the entity responsible for a physical fitness facility shall keep an AED on its premises.

(2) As used in this Subsection:

(a) "Physical fitness facility" means a facility for profit or nonprofit with a membership of over fifty persons that offers physical fitness services. This term includes but is not limited to clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, athletic or sport clubs, and YWCA and YMCA organizations.

(b) "Physical fitness services" means services for the development of physical fitness through exercise or weight control. It shall not include a business limited solely to the practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the Louisiana State Board of Medical Examiners, nor shall it apply to medically related services performed by a physician licensed by the Louisiana State Board of Medical Examiners in a private office, clinic, or hospital.

E.(1)(a) Each postsecondary education institution shall have an AED on its premises in an easily accessible location within its athletic department.

(b) Any postsecondary education institution that sponsors an intercollegiate athletic event shall have an AED and a trained AED user who is also trained in first-aid CPR at the event.

(c) Each postsecondary education institution shall have a "cardiac emergency response plan". For purposes of this Subparagraph, a "cardiac emergency response plan" means a written document that establishes the specific steps to reduce death from cardiac arrest at an intercollegiate athletic event.

(i) An institution cardiac emergency response plan shall be prepared by each president or chancellor jointly with local emergency responders.

(ii) The plan, which shall focus on preventing the loss of life, shall integrate at a minimum the following guidelines:

(aa) Establishing a cardiac emergency response team.

(bb) Activating the team in response to a sudden cardiac arrest.

(cc) Implementing AED placement and routine maintenance within the institution.

(dd) Maintaining ongoing staff training in CPR and AED use.

(ee) Practicing using drills.

(ff) Integrating local EMS with the plan.

(gg) Annually reviewing and evaluating the plan.

(2)(a) Each elementary, middle, and high school shall have an AED on its premises in an easily accessible location. Each school shall have the authority to accept donations of AEDs or funds to acquire AEDs.

(b) Any elementary, middle, or high school that sponsors an interscholastic athletic event shall have an AED and a trained AED user who is also trained in first-aid CPR at the event.

(c) Each elementary, middle, and high school shall have a "cardiac emergency response plan". For purposes of this Subparagraph, a "cardiac emergency response plan" means a written document that establishes the specific steps to reduce death from cardiac arrest at an interscholastic athletic event.

(i) A school cardiac emergency response plan shall be prepared by each principal jointly with local emergency responders.

(ii) The plan, which shall focus on preventing the loss of life, shall integrate at a minimum the following guidelines:

(aa) Establishing a cardiac emergency response team.

(bb) Activating the team in response to a sudden cardiac arrest.

(cc) Implementing AED placement and routine maintenance within the school.

(dd) Maintaining ongoing staff training in CPR and AED use.

(ee) Practicing using drills.

(ff) Integrating local EMS with the plan.

(gg) Annually reviewing and evaluating the plan.

F. The Louisiana Department of Health shall promulgate all necessary rules and regulations to implement the provisions of this Section. Such rules and regulations shall, at a minimum, provide for:

(1) Compliance, enforcement, and penalties.

(2) Periodic maintenance and testing of each AED to ensure each AED is in working order.

(3) Appropriate training for persons designated to use and maintain an AED.

G.(1) There is hereby created in the state treasury, as a special fund, the Jump Start Your Heart Fund, hereinafter referred to in this Section as the "fund". The fund shall consist of any monies appropriated, allocated, donated, or transferred to the fund and shall be deposited by the state treasurer after compliance with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana.

(2) All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on the investment of monies in the fund shall be deposited in and credited to the fund.

(3) Monies in the fund shall be appropriated by the legislature and shall be utilized to purchase automated external defibrillators for use at each postsecondary, high, middle, and elementary school in the state under the provisions of all necessary rules and regulations as promulgated by the Louisiana Department of Health.

Acts 1999, No. 825, §1; Acts 2004, No. 443, §1; Acts 2004, No. 885, §1, eff. Jan. 1, 2005; Acts 2012, No. 706, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1236.13 by HCR 84 of 2015 R.S.; Acts 2016, No. 128, §1; Acts 2016, No. 425, §1; Acts 2023, No. 234, §1, see Act.
La. Rev. Stat. § 40:975 — LA Code / Code revised-statutes / Title 40 / Section 975
Denial, revocation, suspension, or termination of license
Status: in_force

A. A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a controlled dangerous substance may be suspended or revoked by the Louisiana Board of Pharmacy upon a finding that the applicant or licensee meets any of the following criteria:

(1) He has materially falsified any application filed pursuant to or required by this Part.

(2) He has been convicted of a felony under this Part or any law of the United States, or of any state, relating to any substances defined in this Part as a controlled dangerous substance, or any felony under any other law of the United States or of any state within five years of the date of the issuance of the license.

(3) His federal license has been suspended or revoked by competent federal authority and he is no longer authorized by federal law to engage in the manufacturing, distribution, or dispensing of controlled dangerous substances.

(4) He has manufactured, distributed, or dispensed controlled dangerous substances in violation of any provision of this Part or any other state or federal laws pertaining to the manufacture, distribution, or dispensing of controlled dangerous substances.

(5) He has repeatedly failed to submit to the Louisiana Board of Pharmacy data on transactions involving the disbursement of Schedule II controlled dangerous substances to licensed Louisiana registrants as required by R.S. 40:973(F) and by rules promulgated pursuant thereto.

B. The Louisiana Board of Pharmacy may limit revocation or suspension of a license to the particular controlled dangerous substance with respect to which grounds for revocation or suspension exist.

C. Before taking action pursuant to this Section or pursuant to a denial of license under R.S. 40:974, the Louisiana Board of Pharmacy shall serve upon the applicant or licensee an order to show cause why the license should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or licensee to appear before the Louisiana Board of Pharmacy at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this Section in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this Part or any law of the state.

D. The Louisiana Board of Pharmacy may, in its discretion, suspend any license simultaneously with the institution of proceedings under this Section in cases where it finds that there is an imminent danger to the public health or safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Louisiana Board of Pharmacy or dissolved by a court of competent jurisdiction.

E. In the event the Louisiana Board of Pharmacy suspends or revokes a license granted under R.S. 40:974, all controlled dangerous substances owned or possessed by the licensee pursuant to such license at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the board, be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled dangerous substances shall be forfeited to the state.

F. The Bureau of Narcotics and Dangerous Drugs shall promptly be notified of all orders suspending or revoking license and all forfeitures of controlled dangerous substances.

G.(1) A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a controlled dangerous substance shall be terminated by the Louisiana Board of Pharmacy if the licensee has failed to timely renew the license and submit the applicable fee, including the fee for the prescription monitoring program authorized pursuant to R.S. 40:1013, and thirty days have elapsed since the date of expiration.

(2) Any appeal from the provisions of this Subsection shall be governed by the Administrative Procedure Act.

(3) The Louisiana Board of Pharmacy shall promulgate rules, regulations, and standards to implement the provisions of this Subsection. The rules, regulations, and standards shall be promulgated in accordance with the Administrative Procedure Act.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 608, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 702, §1; Acts 1997, No. 62, §1; Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:986 — LA Code / Code revised-statutes / Title 40 / Section 986
Administrative inspections and warrants
Status: in_force

A. Issuance and execution of administrative inspection warrants shall be as follows:

(1) Any judge of a state court of record, or any state magistrate of any court of record may, within his jurisdiction, and upon proper oath or affirmation after being satisfied there is probable cause to believe that legal grounds exist for the issuance of such warrant, issue warrants for the purpose of conducting administrative inspections authorized by this Part or regulations thereunder, and may authorize seizure of property related to such inspections. (2) A warrant shall issue only upon an affidavit of any law enforcement officer or employee designated in R.S. 40:984 having knowledge of the facts alleged, sworn to before a judge or magistrate of any court of record and establishing the grounds for issuing the warrant. If the judge or magistrate of any court of record is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall also identify the item or types of property to be seized, if any. The warrant shall be directed to a person authorized by R.S. 40:984 to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purposes specified, and, where appropriate, shall also direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge or magistrate of any court of record to whom it shall be returned.

(3) A warrant issued pursuant to this Section shall be executed and returned within ten days of its date. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken. The judge or magistrate of any court of record, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

(4) The judge or magistrate of any court of record who has issued a warrant under this Section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the state court for the judicial district in which the inspection was made.

B. The Louisiana Board of Pharmacy is authorized to make administrative inspections of controlled premises in accordance with the following provisions:

(1) For purposes of this Section only, "controlled premises" means all of the following:

(a) Places where persons licensed or exempted from licensing requirements under this Part are required to keep records.

(b) Places including factories, warehouses, establishments, and conveyances where persons licensed or exempted from licensing requirements under this Part are permitted to possess, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled dangerous substance.

(2) When so authorized by an administrative inspection warrant issued pursuant to Subsection A of this Section a law enforcement officer or an employee as designated in R.S. 40:984, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, shall have the right to enter controlled premises for the purpose of conducting such an administrative inspection.

(3) When so authorized by an administrative inspection warrant, a law enforcement officer or an employee as designated in R.S. 40:984 shall have the right:

(a) To inspect and copy records required by this Part to be kept.

(b) To inspect, within reasonable limits and in a reasonable manner, the controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and except as provided in Paragraph (5) of this Subsection, all other things therein including records, files, papers, processes, controls, and facilities subject to regulation and control by the provisions of this Part or by regulations promulgated by the Louisiana Board of Pharmacy.

(c) To inventory any stock of any controlled dangerous substance therein and obtain samples of any such substance.

(4) This Section shall not be construed to prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with this Section, nor shall this Section be construed to prevent entries and administrative inspections including seizures of property without a warrant:

(a) With the written consent of the owner, operator, or agent in charge of the controlled premises;

(b) In situations involving inspection of conveyances where there is probable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(5) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this Section shall extend to any of the following:

(a) Financial data.

(b) Sales data other than shipment data.

(c) Pricing data.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:600.52 — LA Code / Code revised-statutes / Title 40 / Section 600.52
General provisions; trust fund
Status: in_force

A. There is hereby established the Louisiana Habitat for Humanity Loan Purchase Program which shall provide the process and procedures by which the Louisiana Housing Corporation shall assist in the provision of affordable housing for Louisiana families by purchasing home loans from Louisiana Habitat for Humanity affiliates.

B.(1) The Louisiana Habitat for Humanity Trust Fund, hereinafter referred to as the "trust fund", is hereby created to be administered by the Louisiana Housing Corporation. Monies credited to the fund shall include, but not be limited to, funds received as provided by Paragraph (2) of this Subsection. 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 used exclusively for the purchase of loans from Habitat for Humanity affiliates in accordance with the provisions of this Chapter.

(2) The trust fund shall receive monies in the following manner:

(a) Monies annually allocated by the board of the Louisiana Housing Corporation from agency funds specifically designated for the Habitat for Humanity Loan Purchase Program.

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

(c) Monies appropriated to the trust fund by the legislature for these purposes.

(d) Any federal funds made available to the state under any federal housing legislation consistent with these provisions.

(e) Any monies received in repayment for loans made under the provisions of this Chapter.

C. For the purposes of this Chapter, the Louisiana Housing Corporation shall promulgate all rules, regulations, and other such procedures in conjunction with representatives of Louisiana habitat affiliates, as may be designated by Habitat for Humanity International, in accordance with the provisions of R.S. 40:600.6(A)(4)(b)(x).

(1) The proposed rules shall be formulated for submission to the board of commissioners of the Louisiana Housing Corporation no later than October 15, 2006.

(2) The board shall review and adopt the proposed rules no later than November 30, 2006.

(3) The board shall submit the proposed rules to the Joint Legislative Committee on the Budget for review at the committee's first regularly scheduled meeting in 2007.

Acts 2006, No. 510, §1, eff. July 1, 2006; Acts 2011, No. 408, §5(B), eff. July 5, 2011.
La. Rev. Stat. § 40:1749.24 — LA Code / Code revised-statutes / Title 40 / Section 1749.24
Collection and distribution of fines or civil penalties; Underground Damages Prevention Fund
Status: in_force

A. All civil penalties collected under the provisions of R.S. 40:1749.20(A) and (B) shall be paid to the state treasury for credit to the Underground Damages Prevention Fund created by this Section and shall be disbursed from the fund as follows:

(1) Fifty percent shall be retained by the Underground Damages Prevention Fund.

(2) Within one year of the civil penalty being deposited into the Underground Damages Prevention Fund, the agency responsible for administering R.S. 40:1749.23 shall disburse the remaining fifty percent of the civil penalties to the law enforcement agency that issued the citation.

B. All funds received by the Department of Public Safety and Corrections under the provisions of this Part shall be retained in the Underground Damages Prevention Fund.

C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by Subsection B of this Section shall be credited to a special fund hereby created in the state treasury to be known as Underground Damages Prevention Fund. After disbursements as authorized in this Section, the monies in this fund shall be used solely as provided by Subsection D of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in this fund at the end of the fiscal year shall remain in such fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of these monies shall be credited to this fund, following compliance with the requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.

D. The monies in the Underground Damages Prevention Fund shall be used by the Department of Public Safety and Corrections or its designee solely for administration of the provisions of this Part, including payment to the division of administrative law for adjudication services. Expenditures may also be made for information and programs designed to enhance awareness of the duties and responsibilities of persons governed by the provisions of this Part and the duties and responsibilities of persons who enforce and administer the provisions of this Part.

Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1.
La. Rev. Stat. § 40:2173 — LA Code / Code revised-statutes / Title 40 / Section 2173
Rules, regulations, and standards for licenses
Status: in_force

A. The department shall promulgate rules and regulations to carry out the provisions of this Part in accordance with the provisions of the Administrative Procedure Act. The department shall consult with the Louisiana Emergency Response Network (LERN), the Louisiana Hospital Association, and the Louisiana State Medical Society in the development of rules and regulations.

B. The department shall promulgate minimum standards for trauma centers as defined in this Part which shall:

(1) Specify the number and types of trauma patients for whom such centers must provide care in order to ensure that such centers will have sufficient experience and expertise to be able to provide quality care for victims of injury.

(2) Specify the resources and equipment needed by such centers.

(3) Include standards and guidelines for triage and transportation of trauma patients prior to care in designated trauma centers.

(4) Specify procedures for the certification and evaluation of designated trauma centers.

(5) Include procedures for the receipt, recording of, and disposition of complaints.

(6) Provide for the right of appeal for those health care facilities for which certification has been refused.

(7) Provide for the verification and certification of trauma center status which assign level designations based on resources available within the applicable facility. Rules shall be based upon national guidelines, including but not limited to those established by the American College of Surgeons in Hospital and Pre-Hospital Resources for Optimal Care of the Injured Patient and any published appendices thereto.

(8) Provide that LERN may fund the provision of data to the state trauma registry in accordance with the registry's adopted rules, requirements, and reporting cycle.

(9) Provide that certified trauma centers participate in LERN regional commissions and LERN regional and state-level trauma system performance improvement and injury prevention activities per American College of Surgeons guidelines once adequate funding has been secured by the certified trauma center.

C. The regulations promulgated under this Section shall be consistent with the guidelines for designation of trauma centers specified by the American College of Surgeons.

D. The regulations promulgated under this Section shall require health care facilities applying for certification as a trauma center to obtain a consultation site visit through the Committee on Trauma of the American College of Surgeons.

E. The department shall designate a health care facility as a trauma center when the requirements of this Section have been fulfilled and upon verification from the American College of Surgeons that the facility has met its criteria for Level I, II, or III. The "trauma center" label shall be reserved exclusively for hospitals with state-issued trauma center certification.

F. The department shall issue standard forms for applications and for inspection reports, after consultation with LERN and other appropriate organizations.

Acts 1987, No. 358, §1; Acts 2010, No. 934, §1.
La. Rev. Stat. § 40:1033 — LA Code / Code revised-statutes / Title 40 / Section 1033
Permit application
Status: in_force

Any duly incorporated humane society contracted to perform animal control services by a parish or municipality or any parish or municipal animal control agency may apply to the secretary of the Louisiana Department of Health for a permit to purchase, possess, and administer sodium pentobarbital for the humane euthanasia of animals.

Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1125.32 — LA Code / Code revised-statutes / Title 40 / Section 1125.32
Sickle cell anemia; clinics established statewide
Status: in_force

A. The Louisiana Department of Health shall establish and operate a minimum of seven clinics for the treatment of sickle cell anemia throughout the state if and when one hundred percent federal funding becomes available for this purpose.

B. The clinics shall be established in cooperation with the medical schools of Louisiana State University and Tulane University, the state medical centers, the sickle cell anemia foundations, and the National Research Center for Sickle Cell Anemia at Southern University and Agricultural and Mechanical College at Baton Rouge and shall be located in Monroe, Shreveport, Alexandria, Lake Charles, Lafayette, Baton Rouge, and New Orleans.

C.(1) The clinics shall be maintained for the treatment of victims of sickle cell anemia and shall also provide holistic care and counseling for families of victims of sickle cell anemia. Fees for treatment shall be provided in accordance with the provisions of R.S. 46:6.

(2) For purposes of this Section, "holistic care" includes educational literature, screening, testing, treatment, and referral to appropriate persons or facilities.

D. The clinics shall develop a working rapport with the state public health clinics and substance abuse centers and the sickle cell anemia foundations and shall organize support groups within the parish and surrounding parishes where they are located.

E. Each clinic shall be staffed by a physician, nurse, and any other staff as necessary to provide treatment and other services and shall contract with at least one hematologist to serve the clinic and may cooperate and interact with other state and private institutions in order to staff the clinic.

Acts 1993, No. 604, §1; Redesignated from R.S. 40:1299.4.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.6.
La. Rev. Stat. § 40:1281.4 — LA Code / Code revised-statutes / Title 40 / Section 1281.4
Responsibility for operator certification
Status: in_force

The state health officer shall upon recommendations of the committee certify persons as to their qualifications to supervise successfully the operation of such water supply and sewerage systems.

Acts 1972, No. 538, §4; Redesignated from R.S. 40:1144 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:995 — LA Code / Code revised-statutes / Title 40 / Section 995
Short title
Status: in_force

This Part may be cited as the Uniform Controlled Dangerous Substances Law. Added by Acts 1972, No. 634, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2267.2 — LA Code / Code revised-statutes / Title 40 / Section 2267.2
Domicile of the Acadiana Criminalistics Laboratory Commission
Status: in_force

The domicile of the Acadiana Criminalistics Laboratory Commission shall be the parish seat of the parish where the laboratory is located unless later changed by a two-thirds vote of the membership of the commission.

Added by Acts 1972, No. 554, §1.
La. Rev. Stat. § 40:2870 — LA Code / Code revised-statutes / Title 40 / Section 2870
Prohibited acts; unfair and deceptive trade practices
Status: in_force

A. A pharmacy benefit manager in Louisiana shall not:

(1) Commit any unfair and deceptive trade practice prohibited by R.S. 22:1964(15).

(2) Perform any act that violates the duties, obligations, and responsibilities imposed under the Louisiana Insurance Code on a pharmacy benefit manager.

(3) Buy, sell, transfer, or provide personal healthcare or contact information of any beneficiary to any other party for any purpose with one exception. A pharmacy benefit manager may provide such information regarding beneficiaries of a health plan to that health plan provider if requested by the health plan provider.

(4) Conduct or participate in effective rate pricing or spread pricing.

(5)(a) Directly or indirectly engage in patient steering to a pharmacy in which the pharmacy benefit manager maintains an ownership interest or control. Patient steering includes but is not limited to any communication by a pharmacy benefit manager through data mining or other similar process of any patient information generated or obtained throughout the prescription filling process at any pharmacy, including contacting the patient verbally or in writing to directly or indirectly influence the patient or provide the patient with the option to use an alternate pharmacy that is a preferred carve-out or is in a strategic relationship with the pharmacy benefit manager or in which the pharmacy benefit manager maintains an ownership interest or control or contracts with to process prescriptions on its behalf. A pharmacy benefit manager is prohibited from retaliation or attempts to influence the patient to use the alternate pharmacy.

(b) Repealed by Acts 2025, No. 474, §4, eff. June 20, 2025.

(6)(a) Penalize a beneficiary or provide an inducement to the beneficiary for the purpose of getting the beneficiary to use specific retail, mail order pharmacy, or another network pharmacy provider in which a pharmacy benefit manager has an ownership or controlling interest or that has an ownership or controlling interest in a pharmacy benefit manager.

(b) For purposes of this Paragraph, "inducement" means the providing of financial incentives, including variations in premiums, deductibles, copayments, or coinsurance.

(c) The provisions of this Paragraph shall not apply to employers, unions, associations, or other persons who employ, own, operate, control, or contract directly with a pharmacy or pharmacist for the purpose of managing or controlling prescription costs paid for the benefit of an employee or member or those covered by the employee or member's plan, or when the persons contract with a pharmacy benefit manager to steer employees or members to pharmacists or pharmacies which the person owns, operates, or controls.

(7) Retroactively deny or reduce a claim of a pharmacist or pharmacy for payment or demand repayment of all or part of a claim after the claim has been approved by the pharmacy benefit manager as authorized by R.S. 22:1856.1.

(8) Reimburse a local pharmacist or local pharmacy, as defined in R.S. 46:460.36(A), less than the amount it reimburses chain pharmacies, mail-order pharmacies, specialty pharmacies, or affiliates of the pharmacy benefit manager for the same drug or device or for the same pharmacy service in this state.

(9) Fail to update prices as required by R.S. 22:1857.

(10)(a) Fail to honor maximum allowable cost (MAC) prices as set forth in R.S. 22:1863 et seq.

(b) A pharmacy benefit manager shall not require a pharmacist or pharmacy to purchase drugs from any particular wholesaler. However, if a pharmacy benefit manager recommends or provides a wholesaler, then that wholesaler must be willing and able to honor the pharmacy benefit manager's MAC price, ship the order, and have receipt of the order within two business days with no additional charge to the pharmacist.

(c) The wholesaler with the lowest price, which is listed as the MAC price, is not obligated to sell or ship to a nonmember pharmacist or pharmacy. If the wholesaler chooses not to sell the drug to the pharmacist or pharmacy, then the MAC price set by the pharmacy benefit manager must be adjusted to the price available to the pharmacist or pharmacy through another wholesaler.

(11) Fail to meet the payment standards established in R.S. 22:1856.

(12) Fail to provide detailed remittance advice to pharmacists and pharmacies in compliance with R.S. 22:1856.

(13)(a) Fail to pay any state or local sales tax imposed on any drug, device, or pharmacy services or to remit the sales tax to the appropriate pharmacist or pharmacy for the tax proceeds to be forwarded to the sales tax authority.

(b) A pharmacy benefit manager who does not pay the sales tax shall be liable to the taxing authority for the tax, interest, penalties, and any other fees or costs imposed by law for failure to pay sales taxes.

(c) No pharmacy benefit manager shall deduct the taxes from any amount due to a pharmacist or pharmacy for a drug, device, or pharmacy service or charge or pay anyone a fee or surcharge for paying any sales tax or remitting any sales tax proceeds to a pharmacist or pharmacy if that fee or surcharge would be imposed directly or indirectly on the pharmacist or pharmacy.

(d) All pharmacy benefit managers who pay any out-of-state pharmacist or pharmacy for drugs or devices shipped to a beneficiary in this state or for pharmacy services rendered to a beneficiary which is taxable in this state shall remit the tax directly to the appropriate taxing authority.

(e) Any pharmacist or pharmacy who does not receive sales tax proceeds from a pharmacy benefit manager for any drug, device, or pharmacy service which is subject to sales taxes shall have no responsibility for payment of the taxes if the pharmacist or pharmacy provides written notification to the appropriate taxing authority, the Department of Insurance, and the Board of Pharmacy of the pharmacy benefit manager's failure to remit the sales taxes at the time the next sales tax return is due to be filed.

(f) State or local sales taxes and other applicable state-imposed taxes or fees shall be considered as part of the allowable cost and shall be included in the claim submitted by a pharmacist or pharmacy.

(14) Restrict early refills on maintenance drugs to an amount less than seven days for a prescription of at least a thirty-day supply. However, at the direction of the Louisiana Department of Health, for purposes of administering the Medicaid pharmacy benefit program, a pharmacy benefit manager may apply a more restrictive early refill policy without violating the provisions of this Paragraph.

(15) Require a beneficiary to follow a plan's step therapy protocol if the prescribed drug is on the health plan's prescription drug formulary, the beneficiary has tried the step therapy required prescription drug while under his current or previous health plan, and the provider has submitted a justification and supporting clinical documentation that such prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect, or an adverse effect or event.

(16) Delay a decision on a request for authorization to dispense a prescription drug for more than seventy-two hours, or twenty-four hours in exigent circumstances in which the patient, in the opinion of the prescribing provider, pharmacy, or pharmacist submitting the authorization request, is suffering from a health condition that may seriously jeopardize the patient's life, health, or ability to regain maximum function. A request for authorization shall include relevant data or appropriate documentation to render a decision on a request for authorization.

(17) Exploit prescription drug information obtained from beneficiaries for monetary gain or economic power over beneficiaries, pharmacists, or pharmacies.

(18) Sell, exchange, or use in any manner prescription drug information regarding a beneficiary obtained through a beneficiary's use of a prescription for purposes of marketing, solicitation, consumer steering, referral, or any other practice or act, except as otherwise provided for in this Section, that provides the pharmacy benefit manager or any of its affiliates or subsidiaries economic power or control over pharmacists or pharmacies or interferes in the free choice of a beneficiary.

(19) Engage in drug repackaging and markups. A pharmacy benefit manager that owns or controls a mail-order pharmacy shall not allow the mail-order pharmacy to repackage drugs and sell the repackaged items at higher prices than the original average wholesale price unless beneficiaries who may buy the repackaged drugs are informed in writing that the drugs have been repackaged and are being sold at the higher price.

(20) Operate in Louisiana without either being registered with and in good standing with the Louisiana secretary of state to do business in Louisiana or being licensed by and in good standing with the commissioner of insurance, as provided by this Chapter.

B.(1) The commission of any of the acts or any combination of acts prohibited by this Section shall be considered an unfair method of competition and unfair practice or act in accordance with the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq., if the violations are committed or performed with such frequency as to indicate a general business practice. Notwithstanding any provision of law to the contrary, the private right of action created by R.S. 51:1409 shall not apply to this Section.

(2) For purposes of this Section, a violation shall be considered to have occurred each time a prohibited act is committed.

(3) Each day that a pharmacy benefit manager operates without being registered with and in good standing with the secretary of state to do business in Louisiana or without being licensed by and in good standing with the commissioner of insurance, as provided by this Chapter, shall be considered a separate violation.

C.(1) Nothing in this Section shall be construed to interfere with or violate a consumer's right to know where the consumer may have access to the lowest cost drugs, whether a consumer is utilizing insurance or other third-party reimbursement or not.

(2) Nothing in this Section shall be construed to interfere with the requirement that consumers receive notice of changes to pharmacy networks, such as the inclusion of new pharmacies or removal of existing pharmacies from networks.

Acts 2019, No. 124, §3, eff. July 1, 2020; Acts 2025, No. 474, §§2, 4, eff. June 20, 2025.
La. Rev. Stat. § 40:600.94 — LA Code / Code revised-statutes / Title 40 / Section 600.94
Bonds of the corporation
Status: in_force

A. The corporation is hereby authorized and empowered to issue bonds from time to time, whether the interest thereon is subject to taxation under the provisions of the Internal Revenue Code of 1986 as now enacted or subsequently amended or is exempt therefrom to provide funds for and to fulfill and achieve its authorized public functions or corporate purposes as set forth in this Chapter including but not limited to the following purposes:

(1) The purchase of insured mortgage loans from lending institutions.

(2) The making of secured loans to lending institutions.

(3) Construction of residential buildings.

(4) The purchase of residential loans previously made and secured by first mortgages and for the purchase of securities fully collateralized by first mortgages on residential housing.

(5) The purchase of "pre-packaged" residential first mortgage loans for investment or resale.

(6) The payment of interest on bonds of the corporation, the establishment of reserves to secure such bonds, the establishment of reserves with respect to the insurance of mortgage loans for residential housing.

(7) All other expenditures of the corporation incident to and necessary or convenient to carry out its public functions or corporate purposes.

B. Except as may otherwise be provided by the corporation, all bonds issued by the corporation shall be negotiable instruments and may be general obligations of the corporation, secured by the full faith and credit of the corporation and payable out of any money, assets, or revenues of the corporation or from any other sources whatsoever that may be available to the corporation.

C. The bonds of the corporation shall be solely the obligations of the corporation. In no event shall any bonds of the corporation constitute an obligation, either general or special, of the state or of any political subdivision of the state or constitute or give rise to a pecuniary liability of the state or of any political subdivision of the state, nor shall the corporation have the power to pledge the general credit or taxing power of the state or of any political subdivision of the state.

D. Bonds shall be authorized, issued, and sold by a resolution or resolutions of the corporation adopted as provided in this Chapter. Such bonds may be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, payable at such time or times, be in such denominations, be sold at such price or prices, at public or private negotiated sale, after advertisement as is provided for in R.S. 39:1421 through 1427, be in such form, either in coupon form, registered as to principal only or fully registered without coupons, carry such registration and exchangeability privileges, be payable at such place or places, be subject to such terms of redemption, and be entitled to such priorities on the income, revenue, and receipts of, or available to, the corporation as may be provided by the corporation in the resolution or resolutions providing for the issuance and sale of the bonds of the corporation.

E. The bonds of the corporation shall be signed by such directors or officers of the corporation, by either manual or facsimile signatures, as shall be determined by resolution or resolutions of the corporation, and shall have impressed or imprinted thereon the seal of the corporation, or a facsimile thereof. The coupons attached to coupon bonds of the corporation shall bear the facsimile signature of such director or officer of the corporation as shall be determined by resolution or resolutions of the corporation.

F. Any bonds of the corporation may be validly issued, sold, and delivered, notwithstanding that one or more of the directors or officers of the corporation signing such bonds, or whose facsimile signature or signatures may be on the bonds or on coupons shall have ceased to be such director or officer of the corporation at the time such bonds shall actually have been delivered.

G. Bonds of the corporation may be sold in such manner and from time to time as may be determined by the corporation to be most beneficial, and the corporation may pay all expenses, premiums, or commissions which it may deem necessary or advantageous in connection with the issuance and sale thereof, subject to the provisions of this Chapter.

H. Bonds of the corporation may be issued under and subject to such terms, covenants, or conditions, consistent with this Chapter, as may be determined by resolution or resolutions of the corporation to be necessary or desirable, including but not limited to all of the following:

(1) The establishment of a trust indenture or indentures by and between the corporation and a corporate trustee, which may be any bank or trust company having the powers of a trust company, located within or without the state, that is acceptable to the corporation.

(a) Such trust indenture may provide for the pledging or assigning of any assets or income from assets to which or in which the corporation has any rights or interest, and may further provide for such other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of the bonds of the corporation, and not otherwise in violation of law.

(b) Such agreement may provide for the restriction of the rights of any individual holder of bonds of the corporation.

(c) Such trust indenture may provide that all expenses incurred in carrying out the provisions of such trust indenture may be treated as a part of the cost of operation of the corporation.

(d) The trust indenture may contain any further provisions which are reasonable to delineate further the respective rights, duties, safeguards, responsibilities, and liabilities of the corporation.

(2) The pledge or creation of a lien, to the extent provided by resolution or resolutions of the corporation, on all or any part of the money, assets, or revenues of the corporation or on any money or assets held by others for the benefit of the corporation to secure the payment of such bonds.

(3) Provisions for the custody, collection, securing, investment, and payment of any money of or due to the corporation.

(4) The creation or funding of reserves or sinking funds and the regulation or disposition thereof.

(5) Limitations on the purposes to which the proceeds of the sale of any issue of bonds then or thereafter to be issued may be applied.

(6) Limitations on the issuance of additional bonds and on the refunding of outstanding or other bonds.

(7) The procedure, if any, by which the terms of any contract with the holders of bonds of the corporation may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.

(8) The creation of special funds into which any money of the corporation may be deposited.

(9) The vesting in a trustee or trustees of such properties, rights, powers, and duties in trust as the corporation may by resolution determine.

(10) The definition of the acts or omissions which shall constitute a default in the obligations and duties of the corporation and providing for the rights and remedies of the holders of bonds of the corporation in the event of such default in accordance with the provisions of the Chapter and the general laws of the state.

(11) Any other matters of like or different character, which in any way affect the security and protection of the bonds and the rights of the holders thereof.

I. The corporation is hereby granted the total allocation for qualified mortgage bonds for state housing finance corporation issuers pursuant to the federal Mortgage Subsidy Bond Tax Act of 1980, 26 U.S.C. 103A. Any allocation made pursuant to this Act to issuers other than state housing finance corporation issues which have not been sold by September first of each year may be allocated, in whole or in part, by the governor of the state of Louisiana to the corporation.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1472.10 — LA Code / Code revised-statutes / Title 40 / Section 1472.10
Denial, revocation, suspension of license
Status: in_force

A. A license may be revoked, suspended, or denied by the deputy secretary because of but not limited to the following:

(1) Noncompliance with any order issued by the deputy secretary.

(2) Licensee convicted of a felony.

(3) Licensee advocates or knowingly belongs to any organization or group which advocates violent overthrow of or violent action against any federal, state, or local government or institution.

(4) Licensee suffers from a mental or physical defect and in the judgment of the deputy secretary may be hazardous to himself or the public.

(5) Violation by the licensee of the terms specified on the license or essential changes in the condition under which the license was issued.

(6) Violation by the licensee of any of the provisions of this Part; however, except for violations deemed to constitute an immediate threat to public safety as provided under R.S. 40:1472.11. It shall be the policy of the deputy secretary to issue a ninety-day letter of noncompliance for such violations. Should a licensee receive two such letters of noncompliance within a period of twelve months, revocation or suspension procedures can be invoked.

(7) The giving of any false information or the making of a misrepresentation to obtain a license.

(8) Any violation of this Part deemed to constitute an immediate threat to public safety as provided in R.S. 40:1472.11.

(9) The applicant for a license is a person who is currently under investigation for, or who has been criminally charged with, terrorist activity, a crime of violence as defined in R.S. 14:2(B)(1) through (16), (18) through (23), and (25) through (30), a crime involving the possession or use of a dangerous weapon as defined in R.S. 14:2(A), or a crime involving the manufacture or distribution of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law.

B. The deputy secretary may invoke suspension of a license pending disposition of a felony charge which involves the use of explosives brought against a licensee.

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2003, No. 272, §1.
La. Rev. Stat. § 40:1165.3 — LA Code / Code revised-statutes / Title 40 / Section 1165.3
Contact lens prescription; contents; expiration; restrictions on filling; release; penalties
Status: in_force

A. Every contact lens prescription written by a licensed physician or licensed optometrist for use in correcting errors of refraction and restoring, as near as possible, normal human vision shall be signed by the physician or optometrist and shall contain information specifying the physical design, material type, curvatures, diameters, pertinent measurements, and refractive power and an expiration date not to exceed eighteen months.

B. No owner, employer, or agent of any business establishment that buys, sells, offers to sell, dispenses, or gives away prescription contact lenses may fill a contact lens prescription unless the information provided in Subsection A of this Section is included on the prescription or after the expiration date of the prescription.

C. No person other than the prescribing physician, optometrist, or his designated employee may release to a patient a copy of his contact lens prescription. However, no such physician, optometrist, or his designated employee may deny, withhold, attempt to deny or withhold, or refuse to release to any patient his prescription, or a copy of his prescription, if requested by the patient.

D. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars. For each subsequent offense, the violator shall be fined not more than one thousand dollars.

E. For purposes of this Section, a spectacle prescription shall not be construed to be or substituted for a contact lens prescription.

Acts 1995, No. 949, §1; Redesignated from R.S. 40:1299.97 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1486.2 — LA Code / Code revised-statutes / Title 40 / Section 1486.2
State participation in and promotion of transportation of oil and gas workers over water
Status: in_force

A. The director of aviation ("DA") of the aviation section of the Department of Transportation and Development ("DOTD") shall request membership to the Helicopter Safety Advisory Conference ("HSAC"), attend regularly scheduled meetings of HSAC for the purpose of education, understanding, and dissemination of information developed for the purpose of the promotion of safety through cooperation, and encourage all operators who provide over water flight services to the oil and gas industry to adopt and incorporate the recommended practices of HSAC into their daily operations.

B. The DA or his designated representative may attend and secure all writings in the form of recommended practices that result from HSAC conferences that relate to safe over water helicopter operations, and disseminate such writings in such a way that over water flight service providers in the state or adjacent to its shores are made aware of its content.

C. Among considerations for helicopter safety in over water flight services in the oil and gas industry, the DA or his designated representative may identify, evaluate, and maintain current knowledge of available feasible technology for all of the following:

(1) Personal locator beacons ("PLBs") capable of transmitting a digital coded distress signal and a permanent homing signal suitable for use in over water flight services utilized in the oil and gas industry.

(2) Incorporation into the daily operations of all Part 91, Part 133 and Part 135 operators, a system for satellite tracking of helicopters conducting over water flights, including maintaining a command center to monitor the status of such flights.

(3) Improvement of flight safety over water services by adoption of emerging advances in aviation. The DA or his designated representative shall also promote enhancements of required pre-flight briefings that maximize passenger awareness of passenger safety, and emergency procedures. Where appropriate, the DA shall provide information and recommendations to HSAC for consideration of recommended practices for industry use of such systems and devices.

D. Notwithstanding any provision of law to the contrary, any aircraft used to transport offshore platform workers to and from the platform shall require each person being transported to wear a life jacket equipped with a personal locator beacon, as described in Paragraph (C)(1) of this Section.

E. The DA or his designated representative shall maintain familiarity with all Part 91, Part 133, and Part 135 regulations promulgated by the FAA pertaining to over water helicopter operations and may obtain and review all advisory circulars of the FAA that relate to such over water helicopter operations in the state or adjacent to its shores issued under those parts of the Federal Aviation Regulations ("FAR"). Where appropriate, the DA or his designated representative shall promote the adherence to the regulations and adoption of the HSAC recommended practices.

F. The DA shall facilitate, as he deems necessary, information to the director of operations of operators who provide over water flight services in the state or adjacent to its shores, through publication on the internet through an identifiable link on the DOTD website, summaries or text of relevant new FAR and Advisory Circulars published by the FAA or Recommended Practices published by HSAC.

G.(1) The DA shall publish a report to the legislature, directed to the chairs of the House and Senate committees on transportation, highways and public works, wherein the DA shall summarize and comment upon all of the following:

(a) The previous year's developments in safe practices for operators who provide over water flight services in the state or adjacent to its shores, as such safe practices have evolved over the previous twelve months, through the federal and industry organizations referenced in this Part.

(b) Efforts made by the DA to ensure knowledge of all such practices by operators within the industry.

(2) The report shall be delivered to the committees no later than the first of September annually. A copy of the report shall also be sent to the director of operations of each helicopter operator known by the DA to be engaged in providing over water flight services in the offshore oil and gas industry.

Acts 2010, No. 572, §1, eff. June 25, 2010; Acts 2011, No. 147, §1, eff. June 24, 2011; Acts 2023, No. 168, §1, eff. Jan. 1, 2024.
La. Rev. Stat. § 40:1101 — LA Code / Code revised-statutes / Title 40 / Section 1101
Short title
Status: in_force

This Part shall be known and may be cited as the "Alzheimer's Special Care Disclosure Act".

Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.121 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1101 redesignated to R.S. 40:1085.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2009.4 — LA Code / Code revised-statutes / Title 40 / Section 2009.4
Standards prescribed
Status: in_force

A. The department shall prescribe and publish minimum standards in relation to:

(1) Location and construction of the home.

(2) Number and qualifications of personnel.

(3) Sanitary conditions.

(4) Diet related to the needs of each resident.

(5) Equipment essential to the health and wellbeing of the residents.

(6)(a) The establishment of new or replacement facilities or reestablishment of facilities that have sustained substantial structural damage from a hurricane or substantial structural damage from flooding which are located in areas subject to hurricanes, tidal surges, or flooding. An architect or civil engineer registered in the state shall determine whether a facility has sustained substantial structural damage from a hurricane or substantial structural damage from flooding in accordance with the Louisiana State Uniform Construction Code. The regulations adopted by the department shall include but not be limited to:

(i) Requirements of building and construction codes and guidelines.

(ii) Restrictions of locations of newly approved facilities that are subject to the provisions of the facility need review process.

(iii) Provisions for the fair allocation of the Medicaid share of facility specific costs directly incurred by a facility as a result of compliance.

(iv) Provisions for reasonable time periods for compliance, not to exceed three years, except when extensions are granted by the department for good cause.

(b) Nothing herein shall be construed to affect or apply to existing operational facilities or to facilities that are under construction and whose construction plans were approved prior to the promulgation of regulations referred to in Subparagraph (a) of this Paragraph.

(7)(a) The requirement for licensed nursing facilities to allow immediate family members and other designated persons to visit residents during a public health emergency whenever a resident requests such a visit with special consideration to be given to residents receiving end-of-life care.

(b) The rules shall include but not be limited to definitions, minimum requirements including the right to consensual nonsexual physical contact such as hand-holding or hugging, restrictions, and provisions to protect the health, safety, and welfare of the residents and the staff of the licensed nursing facility. However, the rules may not require visitors to submit proof of any vaccination or immunization.

(c) The rules shall allow licensed nursing facilities to adopt reasonable time, place, and manner restrictions on resident visitation that are implemented for the purpose of mitigating the possibility of transmission of any infectious agent or disease or to address the medical condition or clinical considerations of an individual resident.

(d) The rules promulgated pursuant to this Paragraph shall be preempted by any federal statute, federal regulation, or guidance from a federal government agency that requires a licensed nursing facility to restrict resident visitation in a manner that is more restrictive than the rules adopted by the department pursuant to this Paragraph.

(e) For purposes of this Paragraph, the following definitions shall apply:

(i) "Public health emergency" means a state of public health emergency that is declared pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.

(ii) "Resident" means the resident of the licensed nursing facility or the legal or designated representative of the resident.

B. In addition to the authority to prescribe minimum standards, the department may adopt new rules and regulations relating to the operation and conduct of nursing homes and the care, treatment and maintenance of the residents thereof when adequate state funds are made available. The secretary may waive any standard, rule, or regulation adopted pursuant to the authority granted herein in emergency situations for limited periods of time, when the health and welfare of the residents are not adversely affected.

C. The Louisiana Department of Health shall develop and implement policies and procedures to require nursing facilities to notify new residents and their families and guardians of sex offenders living in their facilities upon admission. The notification shall continue for as long as the information is considered a public record. During the annual licensing process, health standards surveyors shall verify the providers' compliance with the policy.

Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §8; Acts 2005, 1st Ex. Sess., No. 41, §1, eff. Dec. 6, 2005; Acts 2008, No. 409, §1, eff. June 21, 2008; Acts 2020, 2 nd Ex. Sess., No. 18, §1, eff. Oct. 28, 2020; Acts 2022, No. 531, §1; Acts 2023, No. 367, §1.
La. Rev. Stat. § 40:2120.13 — LA Code / Code revised-statutes / Title 40 / Section 2120.13
Definitions
Status: in_force

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

(1) "Certified nurse aide" means an individual who has completed a Nurse Aide Training and Competency Evaluation Program approved by the state as meeting the requirements of 42 CFR 483.151 and 483.154 or has been determined competent as provided in 42 CFR 483.150(a) and (b) and is listed as certified and in good standing on the state's Certified Nurse Aide Registry.

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

(3) "Healthcare facility" means any person, partnership, corporation, unincorporated association, or other legal entity licensed pursuant to R.S. 40:2006(A)(2) and operating or planning to operate within the state.

(4) "Licensee" means any nursing agency properly licensed in accordance with this Part.

(5) "Nurse" means a registered nurse as defined in R.S. 37:913 or a licensed practical nurse as defined in R.S. 37:961.

(6) "Nurse staffing agency" means any person, partnership, corporation, unincorporated association, or other legal entity that employs, assigns, or refers nurses or certified nurse aides to render healthcare services in a healthcare facility for a fee. However, for purposes of this Part, "nurse staffing agency" does not include the following:

(a) A nurse staffing agency that solely provides services in Louisiana under a contract or other agreement with the state of Louisiana, or any executive branch department or agency thereof, as a result of a declared disaster, emergency, or public health emergency.

(b) The federal or state government department or agency that provides nursing staff or certified nurse aides to any health care provider setting, evacuation site, or shelter location as a result of a declared disaster, emergency, or public health emergency.

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

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:599.5 — LA Code / Code revised-statutes / Title 40 / Section 599.5
Board of directors
Status: in_force

An ordinance that creates an authority shall establish a board to govern the authority and shall include provisions for:

(1) Appointment of procedures.

(2) Powers of the board.

(3) Removal procedures.

(4) Term lengths.

(5) The election of a chair.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1911 — LA Code / Code revised-statutes / Title 40 / Section 1911
Citation of Part
Status: in_force

This Part shall be known as the "Anhydrous Ammonia Law of Louisiana".

Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1351.
La. Rev. Stat. § 40:1300.77 — LA Code / Code revised-statutes / Title 40 / Section 1300.77
Eligible patient's access to individualized investigational drugs, biological products, or devices
Status: in_force

A. An official, employee, or agent of this state shall not block or attempt to block an eligible patient's access to an individualized investigational drug, biological product, or device.

B. Providing counseling, advice, or a recommendation consistent with medical standards of care from a licensed healthcare provider shall not be a violation of this Section.

Acts 2024, No. 750, §1.
La. Rev. Stat. § 40:2133.1 — LA Code / Code revised-statutes / Title 40 / Section 2133.1
Use agreement
Status: in_force

A licensed ambulatory surgical center is hereby authorized to enter into a use agreement as defined in this Part. The licensed ambulatory surgical center shall remain responsible, including during the period of use of an ambulatory surgical center under a use agreement, for compliance with all rules, regulations, and minimum licensing standards for ambulatory surgical centers.

Acts 2010, No. 491, §1.
La. Rev. Stat. § 40:546 — LA Code / Code revised-statutes / Title 40 / Section 546
Meetings of commissioners
Status: in_force

Nothing contained in this Part prevents meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2608 — LA Code / Code revised-statutes / Title 40 / Section 2608
Commencement of forfeiture proceedings; notice of pending forfeiture; property release requirements
Status: in_force

Forfeiture proceedings shall be commenced as follows:

(1)(a) When the district attorney intends to forfeit property, pursuant to the provisions of this Chapter, he shall provide the owner and interest holder with a written assertion within forty-five days after actual or constructive seizure, except in cases in which the property is held for evidentiary purpose, the district attorney shall institute forfeiture proceedings within forty-five days after the final disposition of all criminal proceedings associated with the conduct giving rise to forfeiture.

(b) If the district attorney fails to initiate forfeiture proceedings against property seized for forfeiture by serving Notice of Pending Forfeiture within one hundred twenty days after its seizure for forfeiture or if the state fails to pursue forfeiture of the property upon which a timely claim has been properly served by filing a Petition for Forfeiture proceeding within ninety days after Notice of Pending Forfeiture, or if the district attorney fails to provide a written assertion, pursuant to the provisions of this Paragraph, the property shall be released from its seizure for forfeiture on the request of an owner or interest holder, pending further proceedings pursuant to the provisions of this Chapter.

(c) When no written assertion has been given to the claimant, within the time delays provided herein, the claimant may file a Motion for Release of Seized Property pursuant to the criminal jurisdiction of the court.

(2) If, after Notice of Pending Forfeiture, a claimant files a request for stipulation of exemption pursuant to R.S. 40:2609 or is granted an extension to file a claim pursuant to R.S. 40:2610, the district attorney may delay filing the judicial forfeiture proceeding for a total of one hundred eighty days after the service of Notice of Pending Forfeiture.

(3) Whenever Notice of Pending Forfeiture or service of an in rem petition is required under the provisions of this Chapter, notice or service shall be given in accordance with one of the following:

(a) If the owner's or interest holder's name and current address are known, by either personal service or by mailing a copy of the notice by certified mail to that address.

(b) If the owner's or interest holder's name and address are required by law to be recorded with the parish clerk of court, the motor vehicle division of the Department of Public Safety and Corrections, or another state or federal agency to perfect an interest in the property, and the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address of record with any of the described agencies.

(c) If the owner's or interest holder's address is not known and is not on record as provided in Subparagraph (b) of this Paragraph, or the owner or interest holder's interest is not known by publication in one issue of the official journal in the parish in which the seizure occurs.

(4) Notice is effective upon personal service, publication, or the receipt of a written notice by certified mail, whichever is earlier, and shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.

(5)(a) The district attorney may file, without a filing fee, a lien for the forfeiture of property upon the initiation of any civil or criminal proceeding under this Chapter or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the seized property or in property owned by the named person.

(b) The lien notice shall set forth the following:

(i) The name or alias of the person and, in the discretion of the lienor, the name of any alias, any corporation, partnership, trust, or other entity, including agents, that are owned entirely or in part, or controlled by the person.

(ii) The description of the seized property or the criminal or civil proceeding that has been brought under this Chapter, the amount claimed by the lienor, the name of the district court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing.

(c) A lien filed pursuant to the provisions of this Paragraph applies to the described seized property or to one named person, any aliases, fictitious names, or other names, including the names of any corporation, partnership, trust, or other entity, owned entirely or in part, or controlled by the named person, and any interest in real property owned or controlled by the named person. A separate forfeiture lien shall be filed for each named person.

(d) The lien creates, upon filing, a lien in favor of the lienor as it relates to the seized property or the named person or related entities. The lien secures the amount of potential liability for civil judgment, and, if applicable, the fair market value of seized property relating to all proceedings under this Chapter enforcing the lien. The notice of forfeiture lien referred to in this Paragraph shall be filed in accordance with the provisions of the laws of this state in accordance with the type of property that is subject to the lien. The validity and priority of the forfeiture lien shall be determined in accordance with applicable law pertaining to liens. The lienor may amend or release, in whole or in part, a lien filed under this Paragraph at any time by filing, without a filing fee, an amended lien in accordance with the provisions of this Paragraph, which identifies the lien amended. The lienor, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under the provisions of this Paragraph shall not invalidate or otherwise affect the lien.

(e) Upon entry of judgment in its favor, the state may proceed to execute on the lien as provided by law.

(f) A trustee, constructive or otherwise, who has notice that a forfeiture lien, or a Notice of Pending Forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as record owner, shall furnish within ten days, to the appropriate district attorney's office all of the following information:

(i) The names and addresses of the person or entity for whom the property is held.

(ii) The names and addresses of all other beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held.

(iii) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as record owner of the property.

(g) A trustee, constructive or otherwise, who, with notice fails to comply with the provisions of this Paragraph may be fined not more than five hundred dollars per day for each day during which the failure to comply exists.

(h) A trustee, constructive or otherwise, who with notice fails to comply with the provisions of this Paragraph shall be guilty of violating such provision and may, upon conviction, be sentenced to imprisonment for not less than two nor more than five years, with or without hard labor, and shall be fined not less than ten thousand dollars per day for each day compliance was not made.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1992, No. 720, §1; Acts 1997, No. 1334, §1; Acts 2022, No. 698, §1.
La. Rev. Stat. § 40:1300.72 — LA Code / Code revised-statutes / Title 40 / Section 1300.72
Definitions
Status: in_force

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

(1) "Eligible facility" means an institution that is operating with a Federalwide Assurance for the Protection of Human Subjects, in accordance with 42 U.S.C. 289(a) and 45 CFR Part 46, and an eligible facility that is subject to the Federalwide Assurance for the Protection of Human Subjects laws, regulations, policies, and guidelines, including renewals and updates.

(2) "Eligible patient" means an individual who meets all of the following conditions:

(a) Has considered all other treatment options currently approved by the United States Food and Drug Administration.

(b) Has received a recommendation from his physician for an individualized investigational treatment, based on analysis of the patient's genomic sequence, human chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products such as enzymes and other types of proteins, or metabolites.

(c) Has a life-threatening, severely debilitating illness or serious disease or condition associated with morbidity that has a substantial impact on day-to-day functioning and is attested to by the patient's treating physician.

(d) Has given written, informed consent for the use of the investigational drug, biological product, or device.

(e) Has documentation from his physician that the patient meets the requirements of this Part.

(3) "Individualized investigational treatment" means drugs, biological products, or devices that are unique to and produced exclusively for use for an individual patient, based on his own genetic profile.

(a) "Individualized investigational treatment" includes but is not limited to individualized gene therapy antisense oligonucleotides and individualized neoantigen vaccines.

(b) "Individualized investigational treatment" does not include any drug, biological product, or device derived from human primary or secondary embryonic stem cells or cell lines, or tissues or cells derived from abortion, but does include any drug, biological product, or device derived from human perinatal tissues, cells, and secreted factors not obtained from an abortion.

(4) "Life-threatening or severely debilitating illness," has the same meaning as provided in 21 CFR 312.81, or any successor law or regulation, as applicable.

(5) "Written, informed consent" means a written document that is signed by the patient, or if the patient is a minor, by any person authorized to consent in accordance with the Louisiana Medical Consent Law, R.S. 40:1159.1, et seq., and attested to by the patient's physician and a witness and that, at a minimum, includes all of the following:

(a) An explanation of the currently approved products and treatments for the illness, disease, or condition from which the patient suffers.

(b) An attestation that the patient concurs with his physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life.

(c) Clear identification of the specific proposed individualized investigational drug, biological product, or device that the patient is seeking to use.

(d)(i) A description of the potentially best and worst outcomes of using the individualized investigational drug, biological product, or device and a realistic description of the most likely outcome.

(ii) The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment.

(iii) The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition.

(e) A statement that the patient's health plan or third-party administrator and provider are not obligated to pay for any care or treatments consequent to the use of the individualized investigational drug, biological product, or device, unless they are specifically required to do so by law or contract.

(f) A statement that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the individualized investigational drug, biological product, or device and that care may be reinstated if this treatment ends and the patient meets hospice eligibility requirements.

(g) A statement that the patient understands that the patient is liable for all expenses consequent to the use of the individualized investigational drug, biological product, or device and that this liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the drug, biological product, or device states otherwise.

Acts 2024, No. 750, §1.
La. Rev. Stat. § 40:741 — LA Code / Code revised-statutes / Title 40 / Section 741
Rules and enforcement; criminal penalties
Status: in_force

A. The department may adopt rules to implement the provisions of this Part. All rules shall be adopted in accordance with the Administrative Procedure Act.

B. The department may deny, suspend, or revoke a permit when the department determines that there has been a substantial failure to comply with the provisions of this Part or to comply with the rules adopted under the provisions of this Part.

C. Whoever violates the provisions of this Part shall be fined not more than five hundred dollars.

Acts 1991, No. 623, §1.
La. Rev. Stat. § 40:2018.5 — LA Code / Code revised-statutes / Title 40 / Section 2018.5
Healthy Moms, Healthy Babies Advisory Council creation; legislative findings; composition, purpose, and duties of the council; termination
Status: in_force

A. The legislature hereby finds and declares that research indicates maternal mortality, severe maternal morbidity, and unexpected outcomes of pregnancy and birth resulting in significant health consequences are rising in the United States; and that these outcomes occur more frequently in Louisiana than in other states.

B.(1) The legislature hereby creates within the Louisiana Department of Health the Healthy Moms, Healthy Babies Advisory Council, referred to hereafter in this Section as the "council", for the purpose of working with existing state entities focused on maternal death and severe maternal morbidity.

(2) The council shall address racial and ethnic disparities in maternal health outcomes and incorporate a community-engaged, equity-focused lens into current programs and campaigns which seek to prevent maternal mortality and severe maternal morbidity, and shall promote safe and equitable care for every mother and every birth in this state.

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

(a) The secretary of the Louisiana Department of Health or his designee.

(b) The assistant secretary of the office of public health of the Louisiana Department of Health or his designee.

(c) The executive director of the office on women's policy within the office of the governor or his designee.

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

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

(f) Two representatives of community-based organizations that work to prevent maternal mortality appointed by the governor.

(g) One representative of the American College of Obstetricians and Gynecologists appointed by the governor.

(h) One representative of the March of Dimes, Louisiana Chapter.

(i) One representative of an organization providing doula services or community-based support services for women giving birth in Louisiana appointed by the governor.

(j) One representative of the Commission on Perinatal Care and Prevention of Infant Mortality appointed by the secretary of the Louisiana Department of Health.

(k) One representative of the Louisiana State Coroners Association appointed by the president of the Senate.

(l) One representative of a community-based organization providing substance abuse counseling appointed by the president of the Senate.

(m) One representative of the Louisiana Hospital Association appointed by the speaker of the House of Representatives.

(n) One representative of a community-based organization advocating against domestic violence appointed by the speaker of the House of Representatives.

(o) Two at-large representatives appointed by the governor.

(4) The council shall elect from among its members a chairperson.

(5) Members of the council shall serve without compensation.

C.(1) The council shall hold quarterly public meetings unless otherwise provided by vote of the council or by order of the chairperson.

(2) The council may establish subcommittees and appoint persons to those bodies, including persons who are not council members, as it deems necessary and appropriate to accomplish its goals.

(3) The Louisiana Department of Health shall provide staff support to the council.

D. The council shall perform all of the following tasks:

(1) Evaluate functions and activities of existing groups focused on maternal mortality in order to collaborate with and engage stakeholders.

(2) Support and contextualize reporting of maternal outcomes data disaggregated by race and ethnicity where possible.

(3) Incorporate an ongoing community advisory process into existing state committees and collaboratives that generate data, recommendations, and proposals for health system changes relevant to maternal mortality and morbidity, prioritizing representation from organizations led by members of affected, historically marginalized communities.

(4) Establish guidelines for specific data components relevant to birth equity to be included in state and agency reports on maternal mortality and morbidity, including a plan for timely dissemination of reports on maternal mortality, morbidity, and related disparities to legislators, healthcare organizations, and other key stakeholders.

(5) Make recommendations on further policy options to ensure that the state establishes ongoing public health monitoring and activated response to eliminate cases of and disparities in maternal mortality and morbidity.

(6) Issue a report of its findings and recommendations to the Commission on Perinatal Care and Prevention of Infant Mortality, the governor, the speaker of the House of Representatives, and the president of the Senate. Subject to the conditions of Subparagraph (7)(b) of this Subsection, the report may include any recommendations for legislation that the council deems necessary and appropriate.

(7)(a) Issue research findings, reports, and recommendations for legislation at the discretion of the council.

(b) The council may issue a recommendation for legislation only if approved by a two-thirds vote of council members present and voting.

E.(1) Notwithstanding any other provision of law to the contrary, the council may request that the Louisiana Department of Health produce or provide data to inform the work of the council. All such data shall be confidential and shall not be available for subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding nor shall such records be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.

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

F. This Section shall terminate on March 31, 2021.

Acts 2018, No. 497, §2, eff. May 23, 2018.
La. Rev. Stat. § 40:437 — LA Code / Code revised-statutes / Title 40 / Section 437
Development, operations, and activities
Status: in_force

A local housing authority may:

(1) Finance an authority's developments, operations, and other activities in such manner, utilizing such public or private source or sources of revenue, and employing such financing methods or techniques as the authority deems appropriate.

(2) Combine revenues derived from different sources, including equity investments and borrowing, in any combinations and proportions as the authority deems appropriate.

(3) Create and to enter into arrangements concerning mixed-finance developments.

(4) Provide financing for affordable housing owned in whole or in part by others.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1083.1 — LA Code / Code revised-statutes / Title 40 / Section 1083.1
Definitions
Status: in_force

A. "Birthing facility" means an inpatient or ambulatory health care facility licensed by the Louisiana Department of Health that provides birthing and newborn care services.

B. "Congenital heart defects" (CHD) means structural abnormalities of the heart that are present at birth and range in severity from simple problems, such as holes between chambers of the heart, to severe malfunctions, such as the complete absence of one or more chambers or valves. CHD is the most common birth defect and is the number one cause of infant death from birth defects.

C. "Critical congenital heart disease" (CCHD) means a heart defect that causes severe, life-threatening symptoms and requires intervention, such as surgery, in the first few hours, days, or months of life. CCHD accounts for about twenty-five percent of all CHD.

D. "Pulse Oximetry Screening" means a noninvasive test that estimates the percentage of hemoglobin in blood that is saturated with oxygen to detect CHDs.

Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.371 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2526 — LA Code / Code revised-statutes / Title 40 / Section 2526
Pre-Amber Alert action plan; requirements; rules and regulations
Status: in_force

A. The secretary of the Department of Public Safety and Corrections, jointly with the secretary of the Department of Children and Family Services, shall institute a pre-Amber Alert action plan. The plan shall, at a minimum, consist of one or more programs to:

(1) Advise and educate parents on ways to prevent their children from being abducted.

(2) Advise and educate children on ways to prevent them from being abducted.

(3) Encourage parents to have readily available vital information about their children, such as a recent photograph and the child's height and weight, for law enforcement to use in case the child is abducted.

(4) Coordinate with and encourage the private sector to participate in secondary distribution programs that will enable the distribution of vital information on a child that has been abducted, including the creation and distribution of flyers and emailing and text messaging Amber Alerts.

B. The secretary of the Department of Public Safety and Corrections and the Department of Children and Family Services may promulgate rules and regulations, in accordance with the Administrative Procedure Act, to carry out the provisions of this Section.

C. The provisions of this Section shall be implemented provided funding is available.

Acts 2005, No. 503, §3.
La. Rev. Stat. § 40:1061.1.5 — LA Code / Code revised-statutes / Title 40 / Section 1061.1.5
Abortion prohibited; detectable fetal heartbeat; ultrasound required
Status: in_force

A.(1)(a) Prior to any abortion being performed, there shall first be performed an ultrasound, in accordance with the standards set forth in R.S. 40:1061.10(D), in order to determine whether or not a fetal heartbeat is present, and the results of the ultrasound shall be included in the pregnant woman's medical records.

(b) Except as provided in Paragraph (2), (3), or (4) of this Subsection, it shall be unlawful for any person to knowingly perform an abortion with the specific intent of causing or abetting the termination of the life of an unborn human being when a fetal heartbeat has been detected. Any person who acts based on the exceptions provided in Paragraph (2), (3), or (4) of this Subsection shall so note in the pregnant woman's medical records and shall specify in the pregnant woman's medical records which of the exceptions the person performing the abortion has invoked.

(2)(a) A person shall not be in violation of Paragraph (1) of this Subsection if the person performs a medical procedure designed to or intended, in that person's reasonable medical judgment, to prevent the death of a pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.

(b)(i) A person who performs a medical procedure as described in Subparagraph (a) of this Paragraph shall declare in writing, under penalty of perjury, that the medical procedure was necessary, to the best of that person's reasonable medical judgment, to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman. The person shall also provide in that written statement the specific medical condition of the pregnant woman that the medical procedure was performed to address, and the medical rationale for the conclusion that the medical procedure was necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman.

(ii) The person who performs a medical procedure as described in Subparagraph (a) of this Paragraph shall place the written documentation required by this Subparagraph in the pregnant woman's medical records, and shall maintain a copy of the written documentation for not less than seven years.

(3) A person shall not be in violation of Paragraph (1) of this Subsection if the person has performed an examination for the presence of a fetal heartbeat in the unborn human individual using standard medical practice and that examination does not reveal a fetal heartbeat, or the person has been informed by a physician who has performed the examination for a fetal heartbeat that the examination did not reveal a fetal heartbeat.

(4) For purposes of this Section, "abortion" shall not include an abortion performed when the pregnancy is diagnosed as medically futile.

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

C. Whoever violates this Section shall be prosecuted pursuant to the effective provisions of R.S. 14:87.7 and shall be subject to the penalties provided in R.S. 40:1061.29.

D. In addition to any other grounds provided by law, it shall be grounds for the nonissuance, suspension, revocation, or restriction of a license, or the denial of reinstatement or renewal of a license, issued by the Louisiana State Board of Medical Examiners, that the applicant or licensee has performed an abortion in violation of this Section.

E. This Section shall not be construed to repeal any other provision of law that restricts or regulates the performance of an abortion by a particular method or during a particular stage of a pregnancy.

F. The provisions of this Section are hereby repealed in favor of the provisions of R.S. 40:1061 immediately upon and to the extent that either:

(1) A decision of the United States Supreme Court upholds the authority of each of the several states of the United States or of the state of Louisiana to prohibit elective abortions.

(2) An amendment to the Constitution of the United States of America is adopted that restores to each of the several states of the United States or to the state of Louisiana the authority to prohibit elective abortions.

Acts 2019, No. 31, §1, special eff. date; Acts 2022, No. 545, §§3, 4; Redesignated from R.S. 40:1061.1.3.
La. Rev. Stat. § 40:5.1 — LA Code / Code revised-statutes / Title 40 / Section 5.1
Sanitation; inspection of railroad property
Status: in_force

The secretary of the Louisiana Department of Health or his designee shall have the authority to go upon railroad property and inspect the premises for sanitary conditions and enforce the rules and regulations pertaining to sanitation.

Added by Acts 1978, No. 241, §1.
La. Rev. Stat. § 40:2180.1 — LA Code / Code revised-statutes / Title 40 / Section 2180.1
Licensure of intermediate care facilities for people with developmental disabilities (ICF/DD)
Status: in_force

Any public or private (ICF/DD) now engaged in the provision of services or hereafter desiring to be engaged in the same shall apply to the department for a license authorizing them to engage in such services.

(1) The license shall indicate the types of developmental disabilities services that a public or private provider is authorized to provide.

(2) Providers who are already licensed are not required by this Section to reapply until the current license expires, except when applying for new developmental disabilities services.

Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §2.
La. Rev. Stat. § 40:1155.2 — LA Code / Code revised-statutes / Title 40 / Section 1155.2
Definitions
Status: in_force

As used in this Subpart, the following terms shall have the meanings ascribed to them unless the context clearly states otherwise:

(1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient.

(2) "Health care provider" means any home health agency, hospice, hospital, or nursing facility.

(3) "LaPOST" means Louisiana Physician Order for Scope of Treatment as provided in R.S. 40:1155.2.1.

(4) "Licensed emergency medical services practitioner" means a licensed emergency medical services practitioner as defined in R.S. 40:1131.

(5) "Life-limiting and irreversible condition" means a continual profound comatose state with no reasonable chance of recovery or a condition caused by injury, disease, or illness which within reasonable medical judgment would usually produce death within six months, for which the application of life-sustaining procedures would serve only to postpone the moment of death and for which the life-sustaining procedures would be a burden and not a benefit to the qualified patient, except as provided in the definition of "life-sustaining procedure" herein.

(6) "Life-sustaining procedure" means any medical procedure or intervention which, within reasonable medical judgment, would serve only to prolong the dying process of a qualified patient, including such procedures as the invasive administration of nutrition and hydration and the administration of cardiopulmonary resuscitation when the benefits of the procedure do not outweigh the burdens thereof. A "life-sustaining procedure" shall not include any measure deemed as comfort care. Notwithstanding any other provision of this Subpart, the administration of nutrition and hydration, whether orally or by invasive means, shall always occur except in the event another condition arises which is life-limiting and irreversible and in which nutrition and hydration by any means becomes a greater burden than benefit to the qualified patient.

(7) "Personal health care representative" means a person who has authority in accordance with Louisiana law to act on behalf of an individual who is an adult or an emancipated minor in making decisions related to health care because of incapacity.

(8) "Physician" means a physician or surgeon licensed by the Louisiana State Board of Medical Examiners or by the official licensing authority of another state.

(9) "Qualified patient" means a patient diagnosed and certified in writing as having a life-limiting and irreversible condition by the attending physician or personal physician of the patient.

Acts 2010, No. 954, §1; Acts 2012, No. 789, §§2,3, eff. June 13, 2012; Redesignated from R.S. 40:1299.64.2 by HCR 84 of 2015 R.S.; Acts 2016, No. 486, §§1, 2, eff. June 13, 2016.
La. Rev. Stat. § 40:2610 — LA Code / Code revised-statutes / Title 40 / Section 2610
Claims
Status: in_force

A. Only an owner of or interest holder in property seized for forfeiture may file a claim and shall do so in the manner provided in this Section. The claim shall be mailed to the seizing agency and to the district attorney by certified mail, return receipt requested, within thirty days after Notice of Pending Forfeiture. The court may grant an extension of time for the filing of a claim pursuant to this Section for good cause shown. Incarceration of an owner or interest holder during the original thirty-day period shall create a rebuttable presumption of good cause as to the owner or interest holder. A motion requesting an extension shall be filed within sixty days after receipt of the Notice of Pending Forfeiture.

B. The claim shall be in affidavit form, signed by the claimant under oath, and sworn to by the affiant before one who has authority to administer the oath, under penalty of perjury or false swearing and shall set forth all of the following:

(1) The caption of the proceedings as set forth on the Notice of Pending Forfeiture or petition and the name of the claimant.

(2) The address where the claimant will accept mail.

(3) The nature and extent of the claimant's interest in the property.

(4) The date, identity of the transferor, and the circumstances of the claimant's acquisition of the interest in the property.

(5) The specific provision of this Chapter relied on in asserting that the property is not subject to forfeiture.

(6) All essential facts supporting each assertion.

(7) The specific relief sought.

Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 2022, No. 698, §1.
La. Rev. Stat. § 40:561 — LA Code / Code revised-statutes / Title 40 / Section 561
Definitions
Status: in_force

As used in this Subpart, the following terms shall apply unless the context clearly states otherwise:

(1) "Applicant" means a person applying for benefits under a public housing assistance program covered by HUD and with respect to whom wage record and unemployment compensation information is sought.

(2) "Consent form" means the Authorization for Release of Information Form authorized for use by HUD.

(3) "Disclose" or "disclosure" means the release of information or data with the consent, as indicated by a signed consent form, of the individual or individuals to whom the information pertains by either the division of unemployment insurance or the housing authority.

(4) "HUD" means the United States Department of Housing and Urban Development.

(5) "Information" means wage record and unemployment compensation information.

(6) "Louisiana Works" means Louisiana Works and its subdivisions, including the office of unemployment insurance administration, or its successor.

(7) "Participant" means a person who receives benefits under a program covered by HUD and with respect to whom wage record or unemployment compensation information is sought.

(8) "Participating housing authority" means a housing authority that has entered into a cooperative agreement with Louisiana Works.

(9) "Unemployment compensation information" means unemployment compensation claim or payment information from the administrator of the Louisiana Employment Security Law.

(10) "Wage record" means wage record information reported to the state by employers on a quarterly basis as provided in R.S. 23:1660(A).

Acts 1997, No. 1172, §6, eff. June 30, 1997; Acts 1997, No. 1188, §1; Acts 2007, No. 113, §3; Acts 2008, No. 743, §7, eff. July 1, 2008.