La. Rev. Stat. § 40:600.98 — LA Code / Code revised-statutes / Title 40 / Section 600.98
Purchase of bonds by corporation
Status: in_force

Subject to the rights of holders of bonds, the corporation shall have the power out of any funds available therefor, to purchase bonds of the corporation, which shall thereupon be cancelled, at a price not exceeding either of the following:

(1) If the bonds are then subject to optional redemption, the optional redemption price then applicable plus accrued interest to the next interest payment date thereon.

(2) If the bonds are not then subject to optional redemption, the optional redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to optional redemption plus accrued interest to such date.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:784 — LA Code / Code revised-statutes / Title 40 / Section 784
Exemptions from Subpart
Status: in_force

This Subpart does not apply to:

(1) Flour sold to bakers or other commercial secondary processors, if, prior to or simultaneously with delivery, the purchaser furnishes to the sellers a certificate of intent, on a form prescribed by the secretary, certifying that the flour shall be used only in the production of flour or bread enriched, within the given establishment, to meet the requirements of this Subpart or shall be used in the manufacture of products other than flour or bread. No purchaser furnishing this certificate of intent shall use the unenriched flour so purchased in any manner other than as stated in the certificate.

(2) Flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or a mixture of various portions of the wheat berry, these products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this Subpart.

(3) Flour ground for the wheat producer when the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill manufactures toll wheat into flour and sells or offers for sale this flour. In the latter case, this Subpart is applicable.

(4) Farmers in exchanging their wheat for flour or having it ground into flour and disposing of it for their own use or for the use of farm labor on their farms.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:47 — LA Code / Code revised-statutes / Title 40 / Section 47
Compulsory registration of deaths and spontaneous fetal deaths (stillbirths)
Status: in_force

A. A certificate of every death and every spontaneous fetal death except as noted in R.S. 40:49(B)(9) shall be filed with a registrar within five days after its occurrence. If the place of death or spontaneous fetal death is not known, the certificate shall be filed with the state registrar within five days after the finding of the body. In any case, a certificate shall be filed prior to interment, cremation, removal, or other disposition of the body. The place where the body is found shall be known as the place of death. If the date of death is unknown, it shall be determined by approximation.

B. When spontaneous fetal death, required to be reported by this Section, occurs without medical attendance at or immediately after the delivery or when inquiry is required by R.S. 40:34.10(19)(d) the coroner shall investigate the cause of death and shall prepare and file the certificate within five days.

C. When a spontaneous fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a dead fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. The place where the fetus was first removed from the conveyance or the dead fetus was found shall be considered the place of fetal death.

Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 2014, No. 791, §14.
La. Rev. Stat. § 40:1244.1 — LA Code / Code revised-statutes / Title 40 / Section 1244.1
Physician upper payment limit methodology
Status: in_force

The Louisiana Department of Health is hereby authorized to develop mechanisms to support the continued operation of state-funded healthcare programs, specifically Medicaid, through the utilization of physician upper payment limit reimbursement methodologies. Any such methodology utilized shall be designed to continue access and delivery of healthcare services to the poor. The implementation of this methodology shall be subject to federal law and approval by the Centers for Medicare and Medicaid Services. Participation in the utilization of physician upper payment limit reimbursement methodologies shall be limited exclusively to hospitals which certify public expenditures to the state.

Acts 2010, No. 434, §1, eff. June 22, 2010; Acts 2022, No. 271, §§5, 9C; Redesignated from R.S. 46:2891.
La. Rev. Stat. § 40:1203.7 — LA Code / Code revised-statutes / Title 40 / Section 1203.7
Application to be approved as an authorized agency
Status: in_force

A. An individual or business entity seeking approval as an authorized agency shall submit an application to the Louisiana Bureau of Criminal Identification and Information along with the following documents to prove the individual's or business entity's qualifications:

(1) The applicant must be currently licensed in the state of Louisiana as a private investigator or detective by the Louisiana State Board of Private Investigator Examiners as evidenced by current and valid licensure issued by the Louisiana State Board of Private Investigator Examiners, or an individual employed by a business entity domiciled in the state of Louisiana and registered and in good standing with the secretary of state at the time of application whose primary source of business is background screenings.

(2) The applicant must not currently be charged by bill of information or under indictment for, or have been convicted of, any felony offense in this state or any other jurisdiction and shall submit to a background investigation to determine that this requirement is met.

(3) The applicant shall be domiciled in the state of Louisiana and shall present proof of qualification to do business within the state of Louisiana, as evidenced by a valid certificate of authority issued by the secretary of state, and designation of an agent for service of process as required by law. If the applicant is operating as a sole proprietorship, a current and valid occupational license shall be presented.

(4) The applicant shall execute a written agreement whereby he agrees to maintain the confidentiality of any and all information provided to it by the Louisiana Bureau of Criminal Identification and Information pursuant to R.S. 40:1203.1 et seq., abide by all applicable laws, rules and regulations pertaining to receipt and use of criminal history information, cooperate in any auditing procedure conducted by the Louisiana Bureau of Criminal Identification and Information, and inform the Louisiana Bureau of Criminal Identification and Information in writing of any known violations regarding the use of criminal history information he receives.

B. Upon receipt of a completed application for approval as an authorized agency, the Louisiana Bureau of Criminal Identification and Information shall review the application and conduct whatever investigation it deems necessary to verify the information. Upon completion of this review, the Louisiana Bureau of Criminal Identification and Information shall inform the applicant in writing of its approval or denial of the application and, in the case of denial, the reasons for such denial.

C. Each authorized agency shall maintain the eligibility requirements to be approved as an authorized agency. Each authorized agency shall notify the Louisiana Bureau of Criminal Identification and Information in writing of a change in its qualification requirements within fifteen days of the change. Failure to continue to maintain the eligibility requirements shall result in cancellation of approval as an authorized agency.

Acts 2013, No. 270, §1; Redesignated from R.S. 40:1300.57 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:31.34 — LA Code / Code revised-statutes / Title 40 / Section 31.34
Infectious waste permits
Status: in_force

A. The department shall charge and collect an annual infectious waste permit fee from each transporter of potentially infectious biomedical waste for which a permit is required under the state Sanitary Code. The fee shall be two hundred dollars for each transporter facility, including one transport body or vehicle, plus fifty dollars for each additional vehicle.

B. The department shall charge and collect an annual infectious waste permit fee for each facility for storage and treatment of potentially infectious biomedical waste for which a permit is required by the state Sanitary Code. The fee shall be two hundred dollars per storage site or storage and treatment site.

C. A properly permitted transport body or vehicle used for the storage at the site of a generator of potentially infectious biomedical waste will not be required to have a storage permit.

D. The fees established in this Section shall replace the fees promulgated in the July 20, 1991, Louisiana Register and shall apply to renewals of said permits.

Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.
La. Rev. Stat. § 40:1484.9 — LA Code / Code revised-statutes / Title 40 / Section 1484.9
License required to inspect inflatable amusement devices, amusement attractions, and amusement rides; prohibitions
Status: in_force

A. A person or firm shall not engage in the testing or inspection of an inflatable amusement device, amusement attraction, or amusement ride for the purpose of providing an annual third-party inspection as required by this Part, unless the person or firm holds a current and valid license issued by the state fire marshal as provided in this Part.

B. No person or firm shall aid, abet, facilitate, or otherwise assist any unlicensed person or firm in the engagement of any testing or inspecting of an inflatable amusement device, amusement attraction, or amusement ride when such person or firm knew or should have known the latter person or firm was unlicensed.

C. A person or firm shall not test or inspect an inflatable amusement device, amusement attraction, or amusement ride if such person or firm is also the owner or operator of the same.

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 1998, 1st Ex. Sess., No. 130, §1; Acts 2005, No. 389, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:2166.7.1 — LA Code / Code revised-statutes / Title 40 / Section 2166.7.1
Moratorium on licensure of level 4 adult residential care providers
Status: in_force

Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the licensure of additional level 4 adult residential care providers until July 1, 2017. The moratorium shall not apply to a provider which has received facility need review approval from the department for a level 4 adult residential care provider on or before April 25, 2012.

NOTE: Acts 2017, No. 417, §1, amended §2166.7.1 to extend the moratorium from July 1, 2017, to July 1, 2018. Section 2 of that act provides: "Implementation of the provisions of this Act shall only become effective in the event a specific appropriation by the legislature is made for such purposes and the program receives approval by the Centers for Medicare and Medicaid Services."

§2166.7.1. Moratorium on licensure of level 4 adult residential care providers

Notwithstanding any other provision of law to the contrary, the department shall implement a moratorium on the licensure of additional level 4 adult residential care providers until July 1, 2018. The moratorium shall not apply to a provider which has received facility need review approval from the department for a level 4 adult residential care provider on or before April 25, 2012.

Acts 2012, No. 676, §1; Acts 2017, No. 417, §1.
La. Rev. Stat. § 40:2533 — LA Code / Code revised-statutes / Title 40 / Section 2533
Personnel files
Status: in_force

A. No law enforcement officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the law enforcement officer's having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if, after reading such instrument, the law enforcement officer refuses to sign it. Should a law enforcement officer refuse to sign, that fact shall be noted on that document and signed or initialed by such officer.

B. A law enforcement officer shall have thirty days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to and shall accompany the adverse comment.

C.(1) A law enforcement officer, upon written request, shall have any record of a formal complaint made against the officer for any violation of a municipal or parish ordinance or state criminal statute listed in Paragraph (2) of this Subsection involving domestic violence expunged from his personnel file, if the complaint was made anonymously to the police department and the charges are not substantiated within twelve months of the lodging of the complaint.

(2)(a) Any violation of a municipal or parish ordinance or state statute defining criminal battery and assault.

(b) Any violation of other municipal or parish ordinances or state statutes including criminal trespass, criminal damage to property, or disturbing the peace if the incident occurred at either the home of the victim or the officer or the violation was the result of an obvious domestic dispute.

D. Sustained complaints against the law enforcement officer shall remain in the officer's personnel file for a period of at least ten years, but only after the officer has exhausted all administrative appeals to which he is entitled.

Acts 1985, No. 425, §1; Acts 1995, No. 232, §1; Acts 1995, No. 915, §1; Acts 1995, No. 1251, §2; Acts 2005, No. 452, §1; Acts 2021, No. 451, §1.
La. Rev. Stat. § 40:1505 — LA Code / Code revised-statutes / Title 40 / Section 1505
Parcel fee; submission to voters
Status: in_force

A.(1) Each district may levy and collect a parcel fee within its boundaries which shall not exceed one hundred dollars per parcel per year, which parcel fee shall be imposed by resolution or ordinance of the governing authority of the district only after the question of the imposition of the parcel fee and the purpose, rate, and duration of the parcel fee has been approved by a majority of the voters of the district voting at an election held therein. The proceeds of such parcel fee shall be expended for the purposes of acquiring, constructing, maintaining and operating fire protection facilities and equipment, including the cost of obtaining water for fire protection purposes and salaries of firemen, and all purposes incidental thereto. Any parcel fee imposed pursuant to this Section shall be levied and collected and be due and owing annually. Such fee may be carried on the tax rolls for the parish in which such district is located and collected at the same time as parish ad valorem taxes.

(2) If any parcel fee is not paid when due, such district shall proceed against the parcel for the collection of the amount of the fee unpaid and delinquent, any collection costs incurred by such district plus interest at a rate not exceeding twelve percent on the unpaid amount of the parcel fee, and in the event legal proceedings are necessary to effect collection, court costs and reasonable attorney's fees. However, attorney's fees shall be payable by the parcel owner only if demand by the governing authority of such district has been made on the parcel owner by registered or certified mail, and such parcel owner has failed to pay the amount due within ten days after such demand.

(3) A judgment obtained for nonpayment of a parcel fee, upon being recorded in the mortgage records in the parish in which a district is located, shall prime all other liens except those for taxes and prior recorded local or special assessments. If there are one or more property mortgages on such parcel and the mortgage holder or holders have notified the tax collector in the parish of such recorded mortgage in accordance with the requirements of R.S. 47:2180.1, the district, prior to proceeding against such parcel for failure to pay a parcel fee, shall give notice to each mortgagee of the amount of the parcel fee due and owing on such parcel and that such parcel fee must be paid within twenty days after the mailing of the notice or proceedings will be commenced against the parcel. The notice shall be sent to each such mortgage holder by certified mail, return receipt requested, or made by personal or domiciliary service on such mortgage holder.

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

B.(1) Each district may incur debt and issue bonds payable from an irrevocable pledge and dedication of all or a portion of the proceeds of a parcel fee, provided, however, that the question of funding said proceeds into bonds shall have been approved by a majority of the voters of the district voting at an election held therein and the State Bond Commission has approved the issuance of the bonds. The question or proposition with respect to the funding of the proceeds of the parcel fee into bonds may be voted upon at the election held to authorize the imposition of the parcel fee or may be submitted at a separate election held for that purpose. The maturities of the bonds shall be so arranged that the total amount of principal and interest falling due in any year, together with that falling due in such year on all bonds theretofore issued payable from such parcel fee, shall not exceed eighty percent of the estimated proceeds to be received from the levy of such parcel fee in the calendar year in which the bonds are issued.

(2) The bonds may be sold at public or private sale and shall be issued pursuant to the provisions of a resolution adopted by the governing authority of the district, provided, however, the bonds shall mature over a period not to exceed the period for which the parcel fee, the proceeds of which are to be used to pay principal and interest on the bonds, is authorized. The bonds and the income therefrom shall be exempt from taxation by the state and by any parish, municipality, or political subdivision thereof.

C. Each district may incur debt and issue certificates of indebtedness pursuant to the provisions of R.S. 33:2921 to R.S. 33:2925, inclusive, subject to the approval of the State Bond Commission.

D.(1) A "parcel" as used in this Section shall mean a lot, a subdivided portion of ground or an individual tract upon which is located, either in whole or in part, a residential or commercial structure, regardless of the structure's being occupied or unoccupied.

(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, within Fire Protection District 8-C in Lafourche Parish, the term "parcel" shall also mean each improved portion of ground upon which a residential or commercial structure has been or may be situated and to which a mailing address has been assigned by a local governmental subdivision, a landowner, or a lessor.

(b) In the case of mobile home parks or other commercial property where spaces are leased for residential or commercial structures, the landowner is responsible for the parcel fee for each portion of ground described in Subparagraph (a) of this Paragraph.

(c) No parcel fee shall be levied on any parcel defined in this Paragraph unless the question of levying such fee has been approved by a majority of the registered voters of the district who vote on the proposition at an election held for that purpose in accordance with the Louisiana Election Code. Any such parcel fee shall be imposed by resolution or ordinance of the governing authority of the district.

Acts 1988, No. 402, §1, eff. July 10, 1988; Acts 1992, No. 538, §1; Acts 2015, No. 292, §1.
La. Rev. Stat. § 40:688 — LA Code / Code revised-statutes / Title 40 / Section 688
Rules and regulations
Status: in_force

The secretary of the department may prescribe such rules and regulations as may be necessary to carry into effect and enforce the provisions of this Part.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1379.1.1 — LA Code / Code revised-statutes / Title 40 / Section 1379.1.1
Concealed handgun permit issued by sheriffs; reciprocity; contiguous parishes
Status: in_force

A.(1) The sheriff of a parish shall have the authority to issue a concealed handgun permit to any person. The permit shall be valid only within the boundaries of the parish in which the sheriff has jurisdiction, unless the sheriff has entered into a reciprocity agreement as provided for in Subsection B of this Section.

(2) Upon application, the sheriff 's office shall perform a standard criminal record check. The officer who performed the standard criminal record check shall not be liable for acts committed by the permittee, unless the officer had actual personal knowledge at the time he issued the permit that the permittee was mentally unstable or disqualified by law from possessing a firearm.

B.(1) A sheriff may enter into a reciprocity agreement with any sheriff of a contiguous parish that shall authorize both sheriffs to issue concealed handgun permits to persons meeting the criteria provided for in Subsection C of this Section. Those permits issued pursuant to this Subsection shall be valid within the boundaries of the participating contiguous parishes. The agreement shall specify the terms of use regarding the issuance of the concealed handgun permits and any other restrictions deemed appropriate by the sheriffs.

(2) If a sheriff enters into a reciprocity agreement with any sheriff in a contiguous parish, no concealed handgun permits shall be issued to any person pursuant to Subsection A of this Section.

(3) Any concealed handgun permit issued pursuant to this Subsection shall be null, void, and of no effect if the permittee does not meet the criteria provided for in Subsection C of this Section.

C. To qualify for a concealed handgun permit issued by a sheriff who has entered into a reciprocity agreement with a sheriff of a contiguous parish, the applicant shall meet all of the following requirements:

(1) Make sworn application to the sheriff in the same manner provided for in R.S. 40:1379.3(C)(1) in which a concealed weapons permit application is made to the secretary of public safety services of the Department of Public Safety and Corrections.

(2) Meet the same qualifications for the issuance of a concealed handgun permit pursuant to the provisions of R.S. 40:1379.3(C).

(3) Demonstrate competence with a handgun in the same manner provided for in R.S. 40:1379.3(D) in which a concealed weapons permit application is made to the secretary of public safety services of the Department of Public Safety and Corrections.

D.(1) Any information in an application for a concealed handgun permit or any information provided in connection with the application submitted to the sheriff's office pursuant to the provisions of this Section shall be held confidential and shall not be subject to any public records request nor shall the information be considered as a public record pursuant to R.S. 44:1 et seq. The sheriff shall not be required to release any list of persons who applied for or received a permit for a concealed handgun pursuant to this Section; however, nothing in this Section shall limit or impede the exchange of information between law enforcement agencies, prohibit the sheriff from releasing information necessary to perform a background investigation, provide statistical information that does not identify individual applicants or permittees, or release information in response to an appropriate law enforcement function as determined by the issuing sheriff.

(2) Absent a valid court order requiring the release of information, or unless an applicant or a recipient of a concealed handgun permit is charged with a felony offense involving the use of a handgun, it shall be unlawful for any employee of the sheriff's office to intentionally release or disseminate for publication any information contained in an application for a concealed handgun permit or any information regarding the identity of any person who applied for or received a concealed handgun permit issued pursuant to this Section. A person who violates the provisions of this Paragraph shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.

(3)(a) Subject to the provisions of Paragraph (2) of this Subsection, it shall be unlawful for any person to intentionally release, disseminate, or make public in any manner any information contained in an application for a concealed handgun permit or any information regarding the identity of any person who applied for or received a concealed handgun permit issued pursuant to this Section. Any person except as provided for in Paragraph (2) of this Subsection, who violates the provisions of this Paragraph shall be fined ten thousand dollars and may be imprisoned for not more than six months.

(b) The provisions of this Paragraph shall not apply to the release of information under any of the following circumstances:

(i) A valid court order requires the release of the information.

(ii) The information released identifies a concealed handgun permit holder or applicant who is charged with a felony offense involving the use of a handgun.

(iii) The information regarding a concealed handgun permit applicant or holder is released pursuant to the express approval for the release of such information by that permit applicant or holder.

(iv) The information regarding a concealed handgun permit holder or applicant has been made public by that concealed handgun permit holder or applicant.

E.(1) A sheriff who issues a concealed handgun permit pursuant to the provisions of Subsection B of this Section shall require an applicant to comply with the requirements of Subsection C of this Section and shall charge the fee in the amount set forth in R.S. 40:1379.3(H)(2).

(2) A sheriff who issues a concealed handgun permit pursuant to this Section shall revoke the permit if the permit holder violates any provision as provided for in R.S. 40:1379.3(F).

F. The provisions of this Section shall not invalidate any permit to carry a concealed handgun that was issued by a sheriff prior to August 1, 2013.

Acts 2013, No. 402, §1.
La. Rev. Stat. § 40:2120.19 — LA Code / Code revised-statutes / Title 40 / Section 2120.19
Suspension, revocation, or refusal to issue or renew a license
Status: in_force

The department may, after appropriate notice and hearing, suspend, revoke, or refuse to issue or renew any license if the licensee or applicant fails to comply with this Part or the rules and regulations promulgated by the department in accordance with this Part.

Acts 2022, No. 577, §1.
La. Rev. Stat. § 40:2159.1 — LA Code / Code revised-statutes / Title 40 / Section 2159.1
Residential substance use disorder facilities
Status: in_force

A.(1) Each residential substance use disorder facility licensed pursuant to this Part as a behavioral health services provider that provides treatment for opioid use disorder shall provide all of the following:

(a) Onsite access to at least one form of FDA-approved opioid antagonist treatment.

(b) Onsite access to at least one form of FDA-approved partial opioid agonist treatment.

(2) For purposes of this Section, "onsite access" shall mean delivery of the treatment to the patient at the location of the residential substance use disorder facility. "Onsite access" shall not mean that the residential substance use disorder facility is required to maintain stock of the medication-assisted treatment at the facility.

(3) A residential substance use disorder facility shall not be found to be in violation of this Section if prior authorization from a patient's health insurer, including a Medicaid program, is required and the preapproval request is denied by the patient's health insurer.

B. Each residential substance use disorder facility licensed pursuant to this Part as a behavioral health services provider which provides treatment for opioid use disorder shall submit to the department on its initial licensing application or its annual licensing renewal application an attestation as to whether it is complying with the requirements of Subsection A of this Section. The requirement for submission of the attestation shall commence on January 1, 2021. If the licensed facility is not fully complying with the requirements of Subsection A of this Section, then the attestation that the facility submits shall include a report addressing its progress toward satisfying those requirements.

Acts 2019, No. 425, §1, eff. Jan. 1, 2020.
La. Rev. Stat. § 40:823 — LA Code / Code revised-statutes / Title 40 / Section 823
Seizure and condemnation of unregistered products
Status: in_force

Any product which has not been registered with the department as required by this Subpart is liable to seizure and condemnation by the department.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2022 — LA Code / Code revised-statutes / Title 40 / Section 2022
Pertussis; offer of vaccine required; exceptions
Status: in_force

A. The legislature hereby finds that it is in the best interest of the children born in this state that certain health care information be provided to parents of newborns concerning the pertussis disease and that hospitals offer the pertussis vaccine to parents of newborns in every instance practicable. Pertussis (whooping cough) is a very contagious disease caused by a type of bacteria called Bordetella pertussis and is one of the most commonly occurring vaccine-preventable diseases in the United States.

B.(1) Except as provided in Subsection C of this Section, on and after January 1, 2014, each licensed hospital in this state shall, prior to discharge, offer the pertussis vaccine to each parent of a newborn infant.

(2) If a person who is offered the pertussis vaccine as required in Paragraph (1) of this Subsection wishes to be vaccinated, then the hospital shall administer the vaccine to the person.

(3)(a) If a person who is offered the pertussis vaccine as required in Paragraph (1) of this Subsection declines the offer of the vaccine or indicates intent to defer vaccination, then the hospital shall provide to the person educational information issued by the Louisiana Department of Health on the pertussis disease and the availability of a vaccine to protect against contracting the disease.

(b) The information required by this Paragraph shall include but not be limited to information on the recommendation of the Centers for Disease Control and Prevention that parents receive the Tetanus Toxoid, Reduced Diphtheria Toxoid and Acellular Pertussis Vaccine Adsorbed (Tdap) vaccination during the postpartum period to help protect their newborns from the transmission of pertussis.

C. A hospital shall not be required to offer the vaccine as provided in Subsection A of this Section to any person who has already received the vaccine or for whom such vaccination is medically inappropriate.

D. The Louisiana Department of Health is hereby authorized to develop and disseminate to each licensed hospital in the state information consistent with the provisions of this Section.

E. Nothing in this Section shall be construed to require any of the following:

(1) Administration of the pertussis vaccine, contingent upon its availability, by a hospital if the hospital cannot be compensated for administration of the vaccine at the normal or prevailing rate that is at least equal to the product cost plus any administrative costs for delivering the immunization over and above the reimbursement level for inpatient care.

(2) Provision of the pertussis vaccine to any person or health care provider by the Louisiana Department of Health.

(3) Financing of pertussis vaccine administration by the Louisiana Department of Health through any program or service of the department other than one that may presently cover such vaccination.

(4) Obligation for payment by a person or his insurer for pertussis vaccination.

Acts 2011, No. 54, §1; Acts 2013, No. 159, §1, eff. June 7, 2013; Acts 2013, No. 220, §17, eff. June 11, 2013.
La. Rev. Stat. § 40:2268.3 — LA Code / Code revised-statutes / Title 40 / Section 2268.3
Commission membership; executive committee; quorum
Status: in_force

A. The membership of the commission shall consist of the coroner, sheriff, and district attorney of each member parish, or their designated deputies or assistants, who shall serve during their elective terms of office, together with the president of Nicholls State University or his designee.

B. The daily affairs and operations of the commission and laboratory shall be managed by an executive committee to be established by the commission, which shall consist of not less than five commission members.

C. A simple majority of the commission shall constitute a quorum.

Acts 1988, No. 82, §1, eff. June 23, 1988.
La. Rev. Stat. § 40:1730.31 — LA Code / Code revised-statutes / Title 40 / Section 1730.31
Mandamus and injunctive relief for violation of code or regulation; penalties
Status: in_force

For a violation of the building codes or regulations adopted pursuant to this Part, the local building official may enjoin further construction of the project as provided by local ordinance. The municipal, district, or parish attorney, attorney general, or other appropriate authorities of a political subdivision, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding in the district court of the parish where the violation occurred.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
La. Rev. Stat. § 40:2254.5 — LA Code / Code revised-statutes / Title 40 / Section 2254.5
Reconsideration by department
Status: in_force

A. If the department denies an application and refuses to issue a certificate, a party to the agreement may request that the department reconsider its decision. The department shall reconsider its decision if the party applying for reconsideration submits the request to the department in writing within thirty calendar days after the department's decision to deny the initial application.

B. The department shall hold a public hearing on the application for reconsideration. The hearing shall be held within thirty days after receipt of the request for reconsideration unless the party applying for reconsideration agrees to a hearing at a later time.

C. The department shall make a decision to deny the application or to issue the certificate within thirty days after the conclusion of the hearing required by Subsection B of this Section. The decision of the department shall be part of written findings of fact and conclusions of law supporting the decision. The findings, conclusions, and decision must be served upon the applicant for reconsideration.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:639 — LA Code / Code revised-statutes / Title 40 / Section 639
Penalties
Status: in_force

Except as provided in R.S. 40:971.3, whoever violates any provision of this Part shall be fined, for the first offense, not more than one thousand dollars or imprisoned for not more than one year, or both. For the second or subsequent offense, he shall be fined not more than three thousand dollars or imprisoned for not more than two years, or both. But any person who violates the provisions of R.S. 40:625(C) shall only be fined not more than one thousand dollars for each violation if the violation does not involve gross deception or imminent danger to health, and is established by opinion evidence only.

Acts 2017, No. 108, §1.
La. Rev. Stat. § 40:31.33 — LA Code / Code revised-statutes / Title 40 / Section 31.33
Safe drinking water fee; exemptions
Status: in_force

A.(1) The department shall charge an annual fee of twelve dollars per metered connection or account for community systems. The fee shall be collected from each consumer by the community system provider in not less than quarterly installments and remitted to the department, in quarterly payments minus five percent per metered connection or account to be retained by the community system provider for administrative costs for the collection of the fee.

(2) Metered connections servicing installations or accounts that are not involved in providing drinking water shall not be assessed the fee.

B. In order to comply with the provisions of R.S. 40:5.6 and the federal Safe Drinking Water Act, the department shall charge an annual fee of one hundred dollars for noncommunity systems.

C. The funds remitted to the department pursuant to Subsections A and B of this Section shall be used for the following purposes:

(1) To comply with the provisions of R.S. 40:5.6 and the federal Safe Drinking Water Act.

(2) To offset the annual costs of the Louisiana Rural Water Association in an amount not to exceed five hundred thousand dollars.

(3) To fund up to forty additional sanitarian positions within the department based upon the number of sanitarian positions funded by the department on July 1, 2016.

D. The fee collected pursuant to Subsections A and B of this Section shall be known as the "Safe Drinking Water Fee".

Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000; Acts 2003, No. 154, §1; Acts 2016, No. 605, §1, eff. Jan. 1, 2017.
La. Rev. Stat. § 40:2708 — LA Code / Code revised-statutes / Title 40 / Section 2708
Denial, suspension, or revocation of a certificate
Status: in_force

A. The department may deny, suspend, or revoke a certificate of registration applied for or issued pursuant to this Chapter:

(1) For any material false statement in the application for registration or in any statement of fact required by provisions of this Chapter.

(2) Because of conditions revealed by the application or any report, record, inspection, or other means which would warrant the department to refuse to grant a certificate of registration on an original application.

(3) For operation of the tanning facility in a manner that causes or threatens to cause hazard to the public health or safety.

(4) For failure to allow authorized representatives of the department to enter the tanning facility during normal business hours for the purpose of determining compliance with the provisions of this Chapter, conditions of the certificate of registration, or an order of the department.

(5) For violation of or failure to observe any of the terms and conditions of the certificate of registration, the provisions of this Chapter, or an order of the department.

B. Except in cases of willful disregard for the public health and safety, prior to the institution of proceedings for suspension or revocation of a certificate of registration, the agency shall:

(1) Call to the attention of the registrant, in writing, the facts or conduct which may warrant such actions.

(2) Provide reasonable opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.

C. The department may deny a certificate of registration or suspend or revoke a certificate of registration after issuance only in accordance with the Administrative Procedure Act.

D. The department may terminate a certificate of registration upon receipt of a written request for termination from the registrant.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
La. Rev. Stat. § 40:1300.41 — LA Code / Code revised-statutes / Title 40 / Section 1300.41
Short title
Status: in_force

This Part shall be known and may be cited as the "Restroom Access Act".

Acts 2021, No. 444, §1; Acts 2022, No. 271, §9A; Acts 2022, No. 358, §1; Redesignated from R.S. 40:1123.1.
La. Rev. Stat. § 40:1250.11 — LA Code / Code revised-statutes / Title 40 / Section 1250.11
Monitoring for adequacy and quality of services
Status: in_force

A. The department shall maintain reliable data in a form that permits ongoing monitoring of trending factors that may affect the sufficiency of rates. Such factors may include, without limitation, trends in cost of living and other economic indexes, wage rates, and changes in regulatory and policy requirements affecting provider costs.

B. The department may require reasonable, periodic financial reports from providers as needed to ensure the availability of reliable cost data. The department shall consult and collaborate with providers to develop reasonable financial reporting requirements.

Acts 2019, No. 381, §1.
La. Rev. Stat. § 40:600.40 — LA Code / Code revised-statutes / Title 40 / Section 600.40
Permits, taxes, liens, and notice of completion
Status: in_force

A. Permits. If a local governmental subdivision, secured party, or qualified rehabilitation entity has been granted possession of a property, that local governmental subdivision, secured party, or qualified rehabilitation entity shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and boards, seeking and obtaining construction permits and other approvals, and submitting applications for financing or other assistance to public or private entities.

B. Legal control. For the purposes of any program of grants or loans, possession of a blighted housing property pursuant to the provisions of this Chapter shall be considered legal control of the property.

C. Liens. The court may approve the borrowing of funds by a local governmental subdivision, with the consent of the property owner, to rehabilitate the property. Prior to seeking approval to borrow funds, the local governmental subdivision shall have exhausted all grant opportunities. The court may grant a lien or security interest in the property for the amount of the borrowed funds.

D. Recordation of liens. No lien authorized by the court shall take effect unless recorded in the mortgage office of the parish in which the property is located.

E. Notice of completion. The local governmental subdivision shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the local governmental subdivision has determined that at least fifty percent of the rehabilitation plan is complete. This notice shall include an affidavit of the public officer attesting to the frame within which that rehabilitation can realistically be anticipated to be complete and a statement setting forth such actions as it plans to undertake to ensure that reuse of the property is consistent with the plan.

Acts 2006, No. 355, §1, eff. June 13, 2006.
La. Rev. Stat. § 40:711 — LA Code / Code revised-statutes / Title 40 / Section 711
Permit for manufacture or sale
Status: in_force

No person shall manufacture for sale or sell in containers any soft drink, malt beverage, or other nonalcoholic beverage without having first obtained a permit from the Louisiana Department of Health, hereinafter referred to in this Part as the "department".

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:2199 — LA Code / Code revised-statutes / Title 40 / Section 2199
Violations; penalties; fines; notice; hearings; appeal; licensed entities
Status: in_force

A.(1) For purposes of this Subpart, "facility" shall mean any one or more of the following: an adult day health care facility, substance abuse/addiction treatment facility, ambulatory surgery center, case management facility, urine drug screening facility, mobile cholesterol screening facility, end stage renal disease facility, supplier of portable X-ray services, home health agency, hospice, hospital, ICF/DD facility, outpatient abortion facility, or any other healthcare provider licensed or certified by the Louisiana Department of Health. (2) The opening or operation of a facility without a license or registration therefor shall be a misdemeanor, punishable upon conviction by a fine of not less than one thousand dollars nor more than five thousand dollars. Each day's violation shall constitute a separate offense.

(3) It shall be a violation to operate a facility which holds a current license, registration, or certificate if one of the following apply:

(a) As a result of a licensure or certification survey, it is determined by an agency to be in violation of one or more conditions of licensure or certification and has failed to correct such conditions of violation within the time prescribed by law or by the agency.

(b) As a result of one or more third-party complaints, it is determined by an agency to have been in violation of one or more conditions of licensure or certification resulting directly in the incident which gave rise to such third-party complaint.

(4) Any violation provided for in Paragraph (3) of this Subsection shall entitle both the facility and the complainant to an administrative appeal.

(5) A "facility" shall not include any individual healthcare provider who is licensed or certified by one of the boards under the Louisiana Department of Health. These boards include but are not limited to the Louisiana Board of Pharmacy, Louisiana Physical Therapy Board, Louisiana State Board of Medical Examiners, Louisiana Board of Dentistry, and the Louisiana State Board of Optometry Examiners.

B.(1) Any person or entity violating the provisions of Paragraph A(3) of this Section when such a violation poses a threat to the health, safety, rights, or welfare of a resident or client may be liable for civil fines in addition to any criminal action which may be brought under other applicable laws. The department shall adopt rules in accordance with the Administrative Procedure Act which define specific classifications of violations, articulate factors in assessing civil fines including mitigating circumstances such as an effective corporate compliance program, and explain the treatment of continuing and repeat deficiencies.

(2) A schedule of civil fines by class of violations shall be as follows:

(a) Class A - Violations that create a condition or occurrence relating to the operation and maintenance of a facility, which result in death or serious harm to a resident or client. Civil fines shall not exceed two thousand five hundred dollars for the first violation and shall not exceed five thousand dollars per day for repeat violations.

(b) Class B -Violations that create a condition or occurrence relating to the operation and maintenance of a facility which create a substantial probability that death or serious physical or mental harm to a resident or client will result from the violation Civil fines shall not exceed one thousand five hundred dollars for the first violation and shall not exceed three thousand dollars per day for repeat violations.

(c) Class C - Violations that create a condition or occurrence relating to the operation and maintenance of a facility which create a potential for harm by directly threatening the health, safety, rights, or welfare of a resident or client. Civil fines shall not exceed one thousand dollars for the first violation and shall not exceed two thousand dollars per day for repeat violations.

(d) Class D - Violations related to administrative and reporting requirements that do not directly threaten the health, safety, rights, or welfare of a resident or client. Civil fines shall not exceed one hundred dollars for the first violation and shall not exceed two hundred fifty dollars per day for repeat violations.

(e) Class E - Violations for failure of a facility to submit a statistical or financial report in a timely manner as required by regulation. Civil fines shall not exceed fifty dollars for the first offense and shall not exceed one hundred dollars per day for repeat violations.

(3) The aggregate fines assessed for violations determined in any one month shall not exceed five thousand dollars, except that the aggregate fines assessed for Class A repeat violations shall not exceed twenty thousand dollars in any one month, and the aggregate fines assessed for Class B repeat violations shall not exceed fifteen thousand dollars in any one month.

C. The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to provide for notice to the facility of any violation, for an informal reconsideration process, and for an appeal procedure including judicial review. Such appeal shall be suspensive. The facility shall have the right to a devolutive appeal.

D. The facility shall furnish, with an appeal, a bond in the minimum amount of one and one-half times the amount of the fine imposed by the department. The bond furnished shall provide in substance that it is furnished as security that the facility will prosecute its appeal, that any judgment against it, including court costs, will be paid or satisfied from the amount furnished, or that otherwise the surety is liable for the amount assessed against the facility. The appeal shall be heard in a summary proceeding which shall be given precedence over other pending matters.

E. The department may institute all necessary civil action to collect fines imposed and not timely appealed. No facility may claim imposed fines or interest as reimbursable costs, nor increase charges to residents or clients as a result of such fines or interest. Interest shall begin to accrue at the current judicial rate on the day following the date on which any fines become due and payable.

F.(1) Except as provided in Subsection G of this Section, 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 the monies being placed in the state general fund, an amount equal to the civil fines collected under the provisions of this Section shall be credited to a special fund created in the state treasury to be known as the "Health Care Facility Fund", hereinafter referred to as "the fund".

(2) The monies in the fund shall be subject to annual appropriation by the legislature and shall be available exclusively for the use by the Louisiana Department of Health for:

(a) The protection of health, welfare, rights, or property of those receiving services from the healthcare facilities licensed or certified by the Louisiana Department of Health.

(b) The enforcement of sanctions against healthcare facilities licensed or certified by the Louisiana Department of Health.

(c) Education, employment, and training of employees, staff, or other personnel of healthcare facilities licensed or certified by the Louisiana Department of Health.

(d) Programs designed to improve the quality of care in healthcare facilities.

(3) The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned from the investment of monies in the fund shall be deposited in and remain to the credit of the fund. All unexpended and unencumbered monies remaining in the fund at the end of the fiscal year shall remain in the fund.

(4) The secretary of the Louisiana Department of Health is authorized to promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the administration of the fund.

G.(1) 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 the civil fines collected from home health agencies under the provisions of this Section and civil fines and monetary penalties imposed or levied by the Centers for Medicare and Medicaid Services against home health agencies and remitted to the state shall be credited to a special fund hereby created in the state treasury to be known as the "Home Health Agency Trust Fund", hereinafter referred to as the "HHA Trust Fund". The monies in the HHA Trust Fund shall be invested by the treasurer in the same manner as monies in the state general fund and all interest earned from the investment of the monies in the HHA Trust Fund shall be deposited to and remain to the credit of the HHA Trust Fund. All unexpended and unencumbered monies remaining in the HHA Trust Fund at the close of the fiscal year shall remain in the HHA Trust Fund. (2) The monies in the HHA Trust Fund shall be subject to annual appropriation and shall be used solely in accordance with the provisions of 42 CFR Part 488 and subject to approval by the Centers for Medicare and Medicaid Services.

(3) The treasurer shall transfer an amount equal to any civil fines or penalties from home health agencies remitted to the state by the Centers for Medicare and Medicaid Services prior to the creation of the HHA Trust Fund into the HHA Trust Fund after the effective date of this Act.

(4) The secretary of the Louisiana Department of Health is authorized to promulgate rules in accordance with the Administrative Procedure Act to provide for the administration of the HHA Trust Fund.

Acts 1997, No. 1390, §1; Acts 1999, No. 1311, §1; Acts 2001, No. 391, §1; Acts 2001, No. 1185, §4, eff. July 1, 2001; Acts 2003, No. 201, §1; Acts 2008, No. 785, §1, eff. July 7, 2008; Acts 2015, No. 113, §1, eff. June 19, 2015; Acts 2018, No. 206, §4; Acts 2022, No. 461, §§1, 2A.
La. Rev. Stat. § 40:450 — LA Code / Code revised-statutes / Title 40 / Section 450
Insurance
Status: in_force

A local housing authority may:

(1) Purchase and maintain in force bonds and insurance of such types and for such purposes as the authority deems appropriate and pay premiums and charges for all bonds and policies of insurance purchased by the authority. Bonds and policies of insurance benefiting or insuring the authority shall be in such amounts, contain such terms and conditions, provide for such deductibles, be in such form, and be issued by such companies as the authority shall deem appropriate.

(2) Self-insure and form and participate in consortia, insurance pools, and other organizations owned or operated by housing authorities for the purpose of insuring such authorities; such consortia, pools, or organizations may include units of government or public agencies other than housing authorities.

(3) Purchase and maintain insurance covering the liability of any commissioner, officer, employee, or agent of the authority, arising in connection with the authority's business or affairs.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2009.43 — LA Code / Code revised-statutes / Title 40 / Section 2009.43
Culinary therapy authorized
Status: in_force

Notwithstanding any contrary provision of law, rule, or regulation of any department or agency, or any local ordinance or code, licensed nursing homes or long-term care facilities may provide culinary therapy as part of a planned patient activity program for residents of said facilities.

Added by Acts 1980, No. 474, §1.
La. Rev. Stat. § 40:13 — LA Code / Code revised-statutes / Title 40 / Section 13
Expenses of parish health units
Status: in_force

A. The governing body of each parish shall provide ample means for the maintenance and operation of its parish health units or departments and for the promotion and conservation of public health. For the purposes of this Title they shall be known as parish health units.

B. If a municipality encompasses an entire parish, the municipal authorities shall, for the purposes of this Part, be known as parish authorities.

Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1151.5 — LA Code / Code revised-statutes / Title 40 / Section 1151.5
Making a declaration for the benefit of a terminally ill minor
Status: in_force

A. If a minor has been certified as a qualified patient, the following individuals may voluntarily make a declaration to document the decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures on a minor's behalf:

(1) The spouse if he has reached the age of majority; or

(2) If there is no spouse, or if the spouse is not available, or is a minor, or is otherwise unable to act, then either the parent or guardian of the minor.

B. An individual named in Subsection A of this Section may not make a declaration:

(1) If he has actual notice of contrary indications by the minor who is terminally ill; or

(2) If, as a parent or guardian, he has actual notice of opposition by either another parent, or guardian, or a spouse who has attained the age of majority.

C. Nothing in this Section shall be construed to require the making of a declaration for a terminally ill minor. The legislature intends that the provisions of this Subpart are permissive and voluntary. The legislature further intends that the making of a declaration pursuant to this Subpart merely illustrates a means of documenting the decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures on behalf of a minor.

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Redesignated from R.S. 40:1299.58.6 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1300.31 — LA Code / Code revised-statutes / Title 40 / Section 1300.31
Title
Status: in_force

This Part may be referred to as the Uniform Duties to Disabled Persons Act.

Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.71 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1300.31 redesignated as R.S. 40:1191.1 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1205.4 — LA Code / Code revised-statutes / Title 40 / Section 1205.4
Loan repayment program
Status: in_force

A. The department shall administer a state loan repayment program consistent with the Federal National Health Service Corporation Loan Repayment Program of the Public Health Service Act.

B. To be eligible for the loan repayment program, an applicant must be licensed and qualified as a physician or nurse to practice in Louisiana, be willing to practice in a health professional shortage area, and meet any other requirements which may be established by the program.

C. Medical education loans shall be repaid retroactively after each term of service in a health professional shortage area for up to three years depending upon the primary health care provider's length of service.

D. Loans may be repaid for up to twenty thousand dollars per year of service.

E. The program shall provide an implementation schedule for loan repayments by January 1, 1992.

Acts 1991, No. 502, §1; Acts 2009, No. 383, §1, eff. July 6, 2009; Redesignated from R.S. 40:1300.4 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1258.1 — LA Code / Code revised-statutes / Title 40 / Section 1258.1
Definitions
Status: in_force

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

(1) "Chimeric antigen receptor (CAR) T-cell therapy" means a treatment that is designed to manipulate T-cell protein to recognize an antigen on targeted tumor cells in an effort to eliminate cancer.

(2) "Healthcare facility" has the same meaning as the term is defined in R.S. 40:2120.13.

Acts 2023, No. 294, §1.
La. Rev. Stat. § 40:1300.74 — LA Code / Code revised-statutes / Title 40 / Section 1300.74
Coverage expansion; permissible; not required
Status: in_force

A. This Part shall not expand the coverage required of an insurer in accordance with any provisions of Title 22 of the Louisiana Revised Statutes of 1950.

B. A health plan, third-party administrator, or governmental agency may provide coverage for the cost of an individualized investigational drug, biological product, or device or the cost of services related to the use of an individualized investigational drug, biological product, or device in accordance with this Part.

C. This Part shall not require any governmental agency to pay costs associated with the use, care, or treatment of a patient with an individualized investigational drug, biological product, or device.

D. This Part shall not require a hospital or facility licensed in accordance with R.S. 40:2006(A) and operating or planning to operate within the state to provide new or additional services unless approved by the hospital or facility.

Acts 2024, No. 750, §1.
La. Rev. Stat. § 40:2521 — LA Code / Code revised-statutes / Title 40 / Section 2521
Law enforcement agency receiving report of missing or recovered child; duty
Status: in_force

A.(1) Any law enforcement agency receiving an initial report of a missing child or the recovery of a missing child and having reasonable grounds to believe the report is accurate shall do all of the following immediately after receiving the report:

(a) Enter the name of the child into the National Crime Information Center's database.

(b) Notify each of the following of the facts and contents of the report:

(i) The Department of Children and Family Services to the extent that the reporting is required pursuant to Chapter 5 of Title VI of the Children's Code.

(ii) The office of state police, if it did not originally receive the report.

(iii) The office of the sheriff for the parish in which the report was received, if it did not originally receive the report.

(iv) Any other local, state, or federal law enforcement agency that the law enforcement agency receiving the report deems necessary and appropriate depending upon the facts of each case.

(2) The law enforcement agency may also notify any other appropriate local, state, or federal agency of the fact and contents of the report.

B. The provisions of this Section shall apply for each reported missing child without regard to whether the child is believed to be missing due to stranger abduction, parental abduction, or any other cause.

Acts 1986, No. 160, §1; Acts 2012, No. 446, §3; Acts 2020, No. 96, §2.
La. Rev. Stat. § 40:69 — LA Code / Code revised-statutes / Title 40 / Section 69
Proof required
Status: in_force

The court shall require such proof as it deems necessary to be convinced of the true birth facts of the petitioner such as full name of registrant at birth, birth date, city or town and parish of birth, sex, race, mother's maiden name and father's name, also parents' birth places. Persons who have had their names changed by court order prior to filing the suit to establish a delayed certificate of birth must file a certified copy of the judgment ordering the change of name together with the petition and the letter from the registration authority.

Acts 1979, No. 776, §1.
La. Rev. Stat. § 40:31.74 — LA Code / Code revised-statutes / Title 40 / Section 31.74
Report
Status: in_force

The department shall produce an annual report on the results obtained through the surveillance system to be submitted to the secretary of the Louisiana Department of Health and the House and Senate committees on health and welfare.

Acts 2024, No. 511, §1, eff. June 10, 2024.
La. Rev. Stat. § 40:1553 — LA Code / Code revised-statutes / Title 40 / Section 1553
Corporate status of district; authority of board
Status: in_force

A. A fire and emergency training services district created pursuant to the provisions of this Chapter shall constitute a body corporate in law with all the power and right to incur debts and contract obligations, to sue and be sued, and to do and perform any and all acts in its corporate capacity and its corporate name necessary and proper for the carrying out of the purposes for which the district was created. Any obligation, debt, or liability incurred by the district shall not constitute or create an obligation, either general or special, debt, or liability of the parish or parishes or the state of Louisiana within the meaning of any constitutional or statutory provision whatsoever.

B. The district shall be domiciled as designated by the parish governing authority or authorities and the board of commissioners of the district shall have the following authority:

(1) To operate and maintain a well-equipped, state-of-the-art fire fighting and emergency services training center.

(2) To represent the public interest in providing fire fighting and emergency training services in the district.

(3) To make, alter, amend, and promulgate rules and regulations governing the conduct of the district.

(4) To conduct hearings and pass on complaints by or against any officer or employee of the district.

(5) To review and modify or to set aside any action of the officers or employees of the district as the board determines to be desirable or necessary in the public interest.

(6) To appoint a director and staff of the district, as further provided in R.S. 40:1554.

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

(8) To establish charges or rates of pay for the use of facilities provided by the district.

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

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

(11) To purchase, construct, or improve educational and training facilities and other educational- and training-related facilities.

(12) To acquire necessary or desirable equipment and furnishings therefor, including but not limited to technology and computer equipment and software.

(13) To repair, maintain, and rehabilitate existing educational or training facilities.

(14) To acquire or improve lands for building sites.

(15) To perform such other duties as are required and authorized by law.

C. All lands, buildings, and facilities acquired either by donation, purchase, exchange, or otherwise shall be owned, in full, by the district.

Acts 2001, No. 188, §1, eff. May 31, 2001.
La. Rev. Stat. § 40:2869 — LA Code / Code revised-statutes / Title 40 / Section 2869
Pharmacy benefit manager monitoring advisory council; membership; functions
Status: in_force

A. There is hereby created within the Department of Insurance a pharmacy benefit manager monitoring advisory council, referred to hereafter in this Chapter as the "advisory council", that shall consist of the following members:

(1) The commissioner of the Department of Insurance, or his designee from the department.

(2) The attorney general, or her designee from the department.

(3) The secretary of the Louisiana Department of Health, or his designee from the department.

(4) A pharmacist who works for a chain drug store appointed by the Louisiana Alliance of Retail Pharmacies.

(5) An independent pharmacist appointed by the Louisiana Independent Pharmacies Association.

(6) The president of the Pharmaceutical Research and Manufacturers of America, or his designee.

(7) The president of the Louisiana Association of Health Plans, or his designee.

(8) An employee of a pharmacy benefit manager licensed by the Louisiana Board of Pharmacy, selected by the Louisiana affiliate of the Pharmaceutical Care Management Association from a list of interested and qualified individuals. The employee shall have responsibility for and experience in daily administrative functions of the business practices of the pharmacy benefit manager.

(9) The governor, or his designee from the office of the governor.

(10) The chairman of the House Committee on Insurance, or his designee who is a member of the House of Representatives, who shall serve as vice chairman of the council.

(11) The chairman of the Senate Committee on Insurance, or his designee who is a member of the Senate, who shall serve as the chairman of the council.

(12) The chairman of the House Committee on Health and Welfare, or his designee who is a member of the House of Representatives.

(13) The chairman of the Senate Committee on Health and Welfare, or his designee who is a member of the Senate.

B. The members of the advisory council shall serve at the pleasure of their respective appointing authorities. Seven members shall constitute a quorum for the transaction of all business. The chairman shall fix a time and place for regular meetings of the advisory council, which shall meet at least quarterly. The advisory council shall establish policies and procedures necessary to carry out its duties. Expenses for the administrative staffing of the advisory council shall be provided for from the licensing fees paid by pharmacy benefit managers and may be transferred between state agencies by memorandum of understanding or cooperative endeavor agreement.

C. The commissioner of insurance and the Board of Pharmacy may utilize the full advisory council or individual member agency expertise for the purpose of investigating a complaint against a pharmacy benefit manager or conducting an audit of a pharmacy benefit manager. In exercising the authority provided for in this Subsection, the same provisions of confidentiality applicable to the Department of Insurance and Louisiana Board of Pharmacy during an investigation shall apply to the advisory council or individual member agencies whose expertise is being utilized. The advisory council may meet in executive session, as necessary, to discuss matters involving an active investigation.

D. The advisory council shall provide monitoring of pharmacy benefit managers in Louisiana to advise the legislature, commissioner of insurance, and Board of Pharmacy on the most effective and efficient manner of regulation of pharmacy benefit managers to ensure the protection of the public. Any licensed pharmacy benefit manager operating in the state of Louisiana shall provide full cooperation with the advisory council on matters including but not limited to those set forth in Subsection E of this Section.

E. The advisory council shall advise on matters including but not limited to the licensure and regulation of pharmacy benefit managers set forth in this Title and Titles 22 and 37 of the Louisiana Revised Statutes of 1950, applicable rules and regulations of state agencies, and federal laws or rules relative to pharmacy benefit managers.

F. The advisory council may conduct and its members may attend and participate in a meeting via electronic means in accordance with R.S. 42:17.2.

Acts 2019, No. 124, §3, eff. Aug. 1, 2019; Acts 2022, No. 723, §1, eff. June 18, 2022; Acts 2025, No. 474, §2, eff. June 20, 2025.
La. Rev. Stat. § 40:1231.2 — LA Code / Code revised-statutes / Title 40 / Section 1231.2
Limitation of recovery
Status: in_force

A. To be qualified under the provisions of this Part, a health care provider shall:

(1) Cause to be filed with the board proof of financial responsibility as provided by Subsection E of this Section.

(2) Pay the surcharge assessed by this Part on all health care providers according to R.S. 40:1231.4.

(3) For self-insured health care providers, initial qualification shall be effective upon acceptance of proof of financial responsibility by and payment of the surcharge to the board. Initial qualification shall be effective for all other health care providers at the time the malpractice insurer accepts payment of the surcharge.

B.(1) The total amount recoverable for all malpractice claims for injuries to or death of a patient, exclusive of future medical care and related benefits as provided in R.S. 40:1231.3, shall not exceed five hundred thousand dollars plus interest and cost.

(2) A health care provider qualified under this Part is not liable for an amount in excess of one hundred thousand dollars plus interest thereon accruing after April 1, 1991, and costs specifically provided for by this Paragraph for all malpractice claims because of injuries to or death of any one patient. The sole cost for which a health care provider qualified under this Part may be assessed by a trial court shall be limited to the cost incurred prior to the rendering of a final judgment against the health care provider, not as a nominal defendant, after a trial on a malpractice claim, including but not limited to, costs assessed pursuant to Code of Civil Procedure Article 970 in any instance where the board was not the offeror or offeree of the proposed settlement amount. The health care provider shall not be assessed costs in any action in which the fund intervenes or the health care provider is a nominal defendant after there has been a settlement between the health care provider and the claimant.

(3)(a) Any amount due from a judgment or settlement or from a final award in an arbitration proceeding which is in excess of the total liability of all liable health care providers, as provided in Paragraph (2) of this Subsection, shall be paid from the patient's compensation fund pursuant to the provisions of R.S. 40:1231.4(C).

(b) The total amounts paid in accordance with Paragraphs (2) and (3) of this Subsection shall not exceed the limitation as provided in Paragraph (1) of this Subsection.

C. Except as provided in R.S. 40:1231.4(C), any advance payment made by the defendant health care provider or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else in an action brought for medical malpractice.

D.(1) Evidence of an advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of the advance payment.

(2) The advance payment shall inure to the exclusive benefit of the defendant or his insurer making the payment.

(3) In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of costs.

(4) In no case shall an advance payment in excess of an award be repayable by the person receiving it.

(5) In the event that a partial settlement is executed between the defendant and/or his insurer with a plaintiff for the sum of one hundred thousand dollars or less, written notice of such settlement shall be sent to the board. Such settlement shall not bar the continuation of the action against the patient's compensation fund for excess sums in which event the court shall reduce any judgment to the plaintiff in the amount of malpractice liability insurance in force as provided for in R.S. 40:1231.2(B)(2).

E.(1) Financial responsibility of a health care provider under this Section may be established only by filing with the board proof that the health care provider is insured by a policy of malpractice liability insurance in the amount of at least one hundred thousand dollars per claim with qualification under this Section taking effect and following the same form as the policy of malpractice liability insurance of the health care provider, or in the event the health care provider is self-insured, proof of financial responsibility by depositing with the board one hundred twenty-five thousand dollars in money or represented by irrevocable letters of credit, federally insured certificates of deposit, bonds, securities, cash values of insurance, or any other security approved by the board. In the event any portion of said amount is seized pursuant to the judicial process, the self-insured health care provider shall have five days to deposit with the board the amounts so seized. The health care provider's failure to timely post said amounts with the board shall terminate his enrollment in the Patient's Compensation Fund.

(2) For the purposes of this Subsection, any group of self-insured health care providers organized to and actually practicing together or otherwise related by ownership, whether as a partnership, professional corporation or otherwise, shall be deemed a single health care provider and shall not be required to post more than one deposit. In the event any portion of the deposit of such a group is seized pursuant to judicial process, such group shall have five days to deposit with the board the amounts so seized. The group's failure to timely post said amounts with the board will terminate its enrollment and the enrollment of its members in the Patient's Compensation Fund.

Added by Acts 1975, No. 817, §1. Amended by Acts 1976, No. 183, §3; Acts 1984, No. 435, §2, eff. July 6, 1984; Acts 1986, No. 499, §1, eff. July 2, 1986; Acts 1990, No. 967, §2, eff. Oct. 1, 1990; Acts 1991, No. 800, §1; Acts 2008, No. 558, §1; Redesignated from R.S. 40:1299.42 by HCR 84 of 2015 R.S.

NOTE: Former R.S. 40:1231.2 redesignated to R.S. 40:1131.2 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1384 — LA Code / Code revised-statutes / Title 40 / Section 1384
Prisoners; place of detention; how released; penalty
Status: in_force

Any person having charge of a jail or other place of detention shall, provided sufficient facilities are available, receive any prisoner arrested by a police employee of the division and shall detain him in custody until otherwise ordered by a court, by the department, or by the police employee from whom the prisoner was received.

Whoever violates this Section shall be fined not more than twenty-five dollars or imprisoned for not more than thirty days, or both.
La. Rev. Stat. § 40:2180.4 — LA Code / Code revised-statutes / Title 40 / Section 2180.4
Issuance of license; renewal
Status: in_force

A. Each application for licensure of an ICF/DD shall be made to the department on forms prescribed by the applicable licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested.

B. Each application for license or renewal of a license for an intermediate care facility for people with developmental disabilities shall be accompanied by a nonrefundable license fee pursuant to R.S. 40:2006.

C. Following receipt of the application and licensing fee, the applicable licensing agency shall perform an on-site inspection. If, after the on-site inspection, the licensing agency finds that the facility meets the requirements established under this Part and the promulgated licensing standards, a license shall be issued.

Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §2.
La. Rev. Stat. § 40:2401.2 — LA Code / Code revised-statutes / Title 40 / Section 2401.2
Recruitment of minority candidates
Status: in_force

The council shall develop a policy designed to increase the recruitment of minority candidates for law enforcement positions which may be implemented by governmental entities that employ a peace officer. All governmental entities that employ a peace officer shall either develop and implement a policy designed to increase the recruitment of minority candidates for peace officer positions or adopt and implement the P.O.S.T. recruitment of minority candidate policy referenced in this Section.

Acts 2021, No. 418, §2.
La. Rev. Stat. § 40:1121.5 — LA Code / Code revised-statutes / Title 40 / Section 1121.5
Isolation, quarantine, or internment of persons affected
Status: in_force

Any person affected with a venereal disease is subject to isolation, quarantine, or internment, on the order of the department, and shall submit to any treatment for such a time and under such restrictions as seems reasonable and proper to the department.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1064 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1219.3 — LA Code / Code revised-statutes / Title 40 / Section 1219.3
Louisiana Senior Rx and Aging and Disability Information Station Programs; legislative findings; creation; eligibility
Status: in_force

A. The legislature finds that the pharmaceutical manufacturers, seeing a need for such programs, have created charitable programs to aid low-income seniors and persons with adult-onset disabilities with the cost of prescription drugs. The legislature recognizes that seniors and adults with disabilities need assistance in locating and accessing available supports and services. The legislature also finds that many persons are unaware of such programs or do not know how to apply for or need assistance in applying for such programs. It is the intent of the legislature that the office of elderly affairs implement programs to assist seniors and persons with an adult-onset disability in accessing those programs.

B. The Louisiana Senior Rx and Aging and Disability Information Station Programs are hereby established in the office of elderly affairs to help seniors and persons with adult-onset disabilities in accessing manufacturers' discount cards and pharmaceutical assistance programs and to assist such persons in applying for those and other supports and service programs.

C. Eligibility shall be limited to residents of the state who meet, at a minimum, all of the following criteria:

(1) Must be sixty years of age or older or be a person with adult-onset disabilities.

(2) Must have a gross income that does not exceed three hundred percent of the federal poverty guidelines.

(3) Must not have voluntarily canceled a state or federal prescription drug program or a private prescription reimbursement plan within six months prior to application for enrollment in the program.

Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.213 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1217.2 — LA Code / Code revised-statutes / Title 40 / Section 1217.2
Finding; statement of purpose
Status: in_force

A. The legislature finds that one of the most serious and tragic problems facing the public health and welfare today is the death of hundreds of people in this state each year from chronic kidney disease when the present state of medical art and technology could return many of these people to a socially productive life. Many of these people may die due to lack of personal financial resources to pay for the expensive equipment and care necessary for survival.

B. The legislature recognizes a responsibility to allow its citizens to remain healthy without being pauperized and a responsibility to use the resources and organizations of the state to gather and disseminate information on the prevention and treatment of chronic kidney disease.

C. The legislature further finds that a comprehensive program to combat chronic kidney disease must be implemented through the combined and correlated efforts of individuals, state and local governments, persons in the field of medicine, universities, and nonprofit organizations. Therefore, it is the purpose of this Part to provide a comprehensive and coordinated approach to direct the use of resources and care and treatment of chronic kidney disease.

Acts 1995, No. 951, §1; Redesignated from R.S. 40:1300.82 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1392 — LA Code / Code revised-statutes / Title 40 / Section 1392
Free and unhampered passage on bridges and ferries
Status: in_force

A. State police, in uniform or in civilian clothes, with state police equipment, have free and unhampered passage, at all times, on and over toll-bridges and ferries in this state.

B. All law enforcement personnel, with law enforcement agency equipment, who are employed within this state shall have unhampered passage at all times on and over toll-bridges and ferries in this state, regardless of whether the personnel are in uniform or in civilian clothes. Procedures currently in effect for Louisiana state police to sign a register when granted an exemption from tolls, shall also apply to all other law enforcement personnel in the state.

C.(1) Notwithstanding the provisions of Subsections A and B of this Section, the right of free passage on and over the Crescent City Connection Bridge at New Orleans for state police and law enforcement personnel shall be exercised only by means of automatic vehicular identification toll tags.

(2)(a) Upon the written request of the superintendent of state police or the head of a law enforcement agency and payment of the deposit required by Subparagraph (b) of this Paragraph, the Crescent City Connection Division of the Department of Transportation and Development shall issue the number of automatic vehicular identification toll tags requested for use in connection with the exemption granted by this Section.

(b) Each state policeman and law enforcement personnel shall be charged a deposit of twenty-five dollars for the issuance of his tag. The deposit shall be refunded to such state policeman and law enforcement personnel upon the return of the tag to the division.

(3) The use of the automatic vehicular identification toll tags provided shall be limited to bridge crossings made by state police with state police equipment and by designated law enforcement personnel with law enforcement agency equipment. The appropriate law enforcement agency shall be responsible for any crossing made using the automatic vehicular identification toll tag outside the scope of the exemption granted by this Section.

D. The Department of Transportation and Development shall adopt rules and regulations in accordance with the Administrative Procedure Act for the administration of the provisions of this Section on those toll bridges and ferries under their jurisdiction.

Acts 1991, No. 867, §1; Acts 2001, No. 1021, §2, eff. June 27, 2001.
La. Rev. Stat. § 40:1081.11 — LA Code / Code revised-statutes / Title 40 / Section 1081.11
Krabbe disease; public information
Status: in_force

A. The Louisiana Department of Health shall develop and maintain information regarding Krabbe disease on its website.

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

(1) An explanation of Krabbe disease symptoms, diagnosis, and treatment options.

(2) Information on relevant state agency and nonprofit resources, parent support groups, and available Medicaid waiver services.

Acts 2016, No. 507, §1.
La. Rev. Stat. § 40:1379.8 — LA Code / Code revised-statutes / Title 40 / Section 1379.8
Weights and Standards Mobile Police Force
Status: in_force

A. The Weights and Standards Mobile Police Force is hereby created within the Department of Public Safety and Corrections, public safety services.

B. Members of the Weights and Standards Mobile Police Force of the Department of Public Safety and Corrections who receive P.O.S.T. certification training, are considered peace officers and shall have the authority to enforce the criminal and traffic laws of the state, apprehend criminals and make arrests, and perform other related duties imposed upon them by the legislature. As peace officers, they shall also have, in any part of the state, the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, constables, and police officers have in their respective jurisdictions. No member of the Weights and Standards Mobile Police Force shall be authorized to carry a weapon until the member has received P.O.S.T. certification training.

Acts 1997, No. 1186, §3; Acts 1999, No. 842, §1; Acts 2010, No. 320, §3, eff. July 1, 2010; Acts 2021, No. 384, §§3, 5, eff. July 1, 2022.
La. Rev. Stat. § 40:1031 — LA Code / Code revised-statutes / Title 40 / Section 1031
Purpose
Status: in_force

It is the purpose of this Part to establish a permit system to allow animal control facilities to acquire and administer sodium pentobarbital for the humane euthanasia of sick, homeless, and abandoned animals.

Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1125.14 — LA Code / Code revised-statutes / Title 40 / Section 1125.14
Use of registry data
Status: in_force

A. The secretary of the department shall facilitate access to data in the registry as provided for in rule.

B. Notwithstanding any other provision of law to the contrary, the department or its agent may access medical and vital records in the custody of physicians, hospitals, clinics, other healthcare providers, and the office of public health in order that it may conduct sickle cell disease studies. The data contained in the registry as well as all such medical and vital records obtained by the department or its agent in accordance with the provisions of this Subsection, as well as the results of any sickle cell disease study, shall be confidential and shall not be available for subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding nor shall such records be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. Nothing in this Subsection shall prohibit the publishing by the department of statistical compilations relating to sickle cell disease which do not identify individual cases or individual physicians, hospitals, clinics, or other healthcare providers.

Acts 2022, No. 647, §2.
La. Rev. Stat. § 40:599.26 — LA Code / Code revised-statutes / Title 40 / Section 599.26
Rates, rents, and fees
Status: in_force

A. An authority may:

(1) Impose rates, rents, fees, and charges related to a project and for the services related to a project.

(2) Contract with any person or governmental entity to exercise its authority under this Section.

B. The rates, rents, fees, and charges established by an authority under this Section shall be imposed and adjusted so that the aggregate amount of the rates, rents, fees, and charges from the project, when added to other available money, is sufficient to:

(1) Pay for the expense for the project.

(2) Pay the principal of and the interest on the bonds that the authority issued for the project as they become due and payable.

(3) Create and maintain reserves required or provided for in a trust agreement.

C. The rates, rents, fees, and charges established by an authority under this Section are not subject to supervision or regulation by any unit of the state.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1322.1 — LA Code / Code revised-statutes / Title 40 / Section 1322.1
Transfer of recalled and revoked motor vehicle titles
Status: in_force

A. No person shall intentionally transfer or assign a certificate of title for a motor vehicle if the person knows that the certificate of title has been recalled and revoked pursuant to R.S. 40:1322.

B. Whoever violates the provisions of this Section shall be imprisoned for not more than six months, or fined not more than five hundred dollars, or both.

Acts 1998, 1st Ex. Sess., No. 44, §1.
La. Rev. Stat. § 40:1841 — LA Code / Code revised-statutes / Title 40 / Section 1841
Creation of commission; domicile; membership; terms; officers of commission
Status: in_force

A. The Liquefied Petroleum Gas Commission is hereby created. It shall have power to sue and be sued and shall be domiciled in the city of Baton Rouge. The commission shall consist of five members, one of whom shall be the secretary of the Department of Public Safety and Corrections or his designee, who shall serve as an ex officio member; two members shall be appointed by the governor, and two members shall be appointed by the governor from a list of four names selected in the manner hereinafter provided by a majority vote of the liquefied petroleum gas dealers, as that term is hereinafter defined. In default of such nomination by the liquefied petroleum gas dealers, the governor shall make the appointments. All appointments by the governor shall be subject to confirmation by the Senate.

B. For the purpose of voting on the selection of the two members of the commission to be appointed by the governor, each liquefied petroleum gas dealer shall be entitled to one vote per permit held, to be cast by the person designated in a duly executed power of attorney from the dealer he represents. The power of attorney shall be filed with the commission and shall remain effective for such purposes until revoked. Any natural person may be selected. The Louisiana Liquefied Petroleum Gas Commission shall conduct the selection process. The selection process shall be held thirty days prior to a new gubernatorial inauguration and every four years thereafter, beginning in the year 2000.

C.(1) Each of the four members appointed by the governor shall serve a term which shall be concurrent with the term of the governor making the appointment. Each appointment by the governor shall be submitted to the Senate for confirmation. The secretary of the Department of Public Safety and Corrections or his designee shall serve for a term corresponding with the term of his official appointment.

(2) A majority of the membership shall constitute a quorum for the transaction of business.

D. The commission shall elect its chairman and vice chairman, and the director hereinafter provided for shall be the secretary of the commission.

Acts 1950, No. 63, §1. Amended by Acts 1975, No. 49, §1; Acts 1978, No. 603, §1; Acts 1980, No. 735, §1, eff. July 29, 1980; Acts 1987, No. 552, §1; Acts 1997, No. 98, §1; Acts 1997, No. 1446, §1; Acts 2003, No. 774, §11.
La. Rev. Stat. § 40:486 — LA Code / Code revised-statutes / Title 40 / Section 486
Rights of action
Status: in_force

Nothing contained in this Chapter shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with any failure of a housing authority to exercise any one or more of its discretionary powers.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:481 — LA Code / Code revised-statutes / Title 40 / Section 481
Issuance of debt instruments on behalf of others
Status: in_force

A local housing authority may issue bonds, notes, certificates, or other instruments evidencing indebtedness on behalf of others to carry out any purpose authorized by this Chapter.

Added by Acts 1950, No. 401, §23. Amended by Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1183.4 — LA Code / Code revised-statutes / Title 40 / Section 1183.4
Medical assistance programs; FQHC reimbursement
Status: in_force

A. The department shall adopt regulations that provide the following:

(1) A Medicaid cost-based reimbursement methodology that reimburses FQHCs for all costs related to patients, utilizing the most recent cost report information available to the department. The department shall seek to ensure that the reimbursement will be available to FQHCs under the Medicaid program, either through payments received by FQHCs from managed care organizations contracting with the department or its designee, or through supplemental payments as necessary from the department based on availability of funds to the extent permitted by federal law.

(2) With respect to disproportionate share payment methodologies, a reimbursement methodology that reimburses for all net uncompensated costs for services delivered on an outpatient basis through contracts with disproportionate share hospitals in an integrated delivery system arrangement to the extent permitted by federal law and based on availability of funds.

B. The regulations promulgated pursuant to Subsection A of this Section shall be promulgated no later than one hundred twenty days after August 15, 1997. No later than one hundred twenty days after August 15, 1997, the department shall also submit to the secretary of the United States Department of Health and Human Services those amendments to the state plan for medical assistance necessary to conform the state plan for medical assistance with the provisions of Subsection A of this Section.

C. As of January 1, 2001, the department shall reimburse FQHCs for the delivery of Medicaid services as provided in Sections 1902(a)(15) and 1902(aa) of the Social Security Act, as added by Title VII Section 702 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, hereinafter referred to as "BIPA" and included as Appendix F of the Consolidated Appropriations Act of 2000, P.L. 106-554, and any pursuant federal regulations.

D.(1) To the extent the department is unable to implement BIPA as of January 1, 2001, it shall reimburse FQHCs pursuant to BIPA requirements retroactive to January 1, 2001, but in no event shall such implementation begin any later than and in no event shall such retroactive payment be made any later than July 1, 2002.

(2) In the event that the department chooses to apply an alternative payment methodology to FQHCs as allowed under Section 1902(aa)(6), as amended by BIPA, such methodology must be agreed to by the FQHC and cannot result in any less payment than the FQHC would receive pursuant to the payment methodology set out in Section 1902(aa)(1) through (5) of BIPA.

Acts 1997, No. 1473, §1; Acts 2001, No. 952, §1; Redesignated from R.S. 40:1300.134 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1785 — LA Code / Code revised-statutes / Title 40 / Section 1785
Possession or dealing in unregistered or illegally transferred weapons
Status: in_force

No person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or transferred in accordance with Title 18 or Title 26 of the United States Code as applicable.

Amended by Acts 1950, No. 316, §11; Acts 2013, No. 398, §1.
La. Rev. Stat. § 40:2254.12 — LA Code / Code revised-statutes / Title 40 / Section 2254.12
Fees
Status: in_force

The department shall establish by rule fees to accompany filing an application for a certificate of public advantage and for the report required in R.S. 40:2254.11. The fees shall be reasonably related to the costs of the department in considering applications, evaluating reports, and performing other duties necessary to administer this Part. The costs may include the retention of accounting, technical, and legal assistance that the department considers necessary to process the applications and reports. The department shall maintain records sufficient to support the fees charged under this Section.

Acts 1997, No. 1331, §1.
La. Rev. Stat. § 40:1546 — LA Code / Code revised-statutes / Title 40 / Section 1546
Coordination of state, private, and federal efforts
Status: in_force

Each state institution, state agency, or private agency providing training for the fire service shall coordinate such efforts with the firefighter training program through the office of state fire marshal to prevent duplication of efforts, duplication of cost, and to ensure standardization. The office of state fire marshal is hereby designated as the state agency for the coordination of training for the fire service provided by any federal government agency.

Acts 1970, No. 481, §6. Amended by Acts 1979, No. 528, §1, eff. July 18, 1979; Acts 2001, No. 212, §1; Acts 2022, No. 231, §3.
La. Rev. Stat. § 40:2197 — LA Code / Code revised-statutes / Title 40 / Section 2197
Licensure of rural health clinics
Status: in_force

A. In order to receive certification by the Health Care Financing Administration, or its successor, and designated reimbursement for any rural health clinic service under Medicaid or Medicare, a rural health clinic, as defined herein, shall be licensed as such by the Louisiana Department of Health. Designated Medicaid reimbursement for any service as a rural health clinic in the state, which is not licensed as such, is prohibited.

B. The department shall prescribe and publish minimum standards, rules, and regulations as necessary to effectuate the provisions of this Section. Such rules and regulations shall include but not be limited to all of the following:

(1) Operational and personnel requirements.

(2) Practice standards to assure quality of care.

(3) Licensure application procedures and requirements.

(4) Initial and annual renewal of license investigations.

(5) Complaint investigations.

(6) Reimbursement policies, procedures, and requirements.

(7) Denial, revocation, and nonrenewal of licenses and the appeals thereof.

C. A license issued under the provisions of this Part is not transferrable or assignable between persons, rural health clinics, or both.

D. For purposes of this Part, a "rural health clinic" means a facility which is engaged in furnishing primary health services to outpatients by physicians, physician assistants, or nurse practitioners, including but not limited to health services related to family medicine, internal medicine, pediatrics, obstetrics, and gynecology, and such services and supplies incident thereto. Such facility shall be located in an area that is not an urbanized area, as defined by the Bureau of the Census, in which there are insufficient numbers of needed healthcare practitioners, as determined by the secretary of the United States Department of Health and Human Services, and which has been determined to be a rural health clinic by the secretary of that department under 42 U.S.C. 1395aa(a).

E. Nothing in this Part shall restrict the ability of any private physician to receive reimbursement under Medicaid or Medicare for services provided other than rural health clinic services.

F.(1) No provision of this Part, or any rule or regulation adopted pursuant thereto, restricting location of a rural health clinic shall apply to an applicant for licensure as a rural health clinic if the applicant or a related entity agreed to establish such clinic as part of an agreement providing for the sale or transfer of a hospital service district hospital approved by the electorate of the district prior to July 1, 1997.

(2) A rural health clinic described in Paragraph (1) of this Subsection shall not be required to be licensed by the state in order to receive certification as a rural health clinic by the Health Care Financing Administration, or its successor, for a period of one year after July 15, 1997.

G. Notwithstanding the provisions of Subsection A of this Section to the contrary, a rural health clinic that meets the definition of the Health Care Financing Administration, or its successor, as hospital-based and is operated by a rural hospital as defined in R.S. 40:1189.3 shall not be required to secure a separate license to receive certification by the Health Care Financing Administration, or its successor, and designated reimbursement under Medicaid and Medicare as long as the rural hospital meets state licensure requirements. Such hospital shall assure that the clinic meets all other requirements of this Section, as well as any pursuant rules and regulations promulgated by the Louisiana Department of Health pertaining to rural health clinics. The provisions of this Subsection shall only become effective if and when the Louisiana Department of Health receives a determination from the Health Care Financing Administration, or its successor, that rural health clinic services are considered outpatient hospital services and eligible for uncompensated care costs reimbursement only if the rural health clinic services are not performed in a separately licensed facility.

Acts 1997, No. 1333, §1, eff. July 15, 1997; Acts 1999, No. 1279, §1; Acts 2004, No. 36, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:700.1 — LA Code / Code revised-statutes / Title 40 / Section 700.1
Rules and regulations
Status: in_force

The secretary of the Louisiana Department of Health shall have the authority to promulgate rules and regulations, with the advice and recommendations of the Advisory Committee on Water Treatment Devices, for the efficient enforcement of this Subpart.

Added by Acts 1983, No. 507, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1730.60 — LA Code / Code revised-statutes / Title 40 / Section 1730.60
Approval of design
Status: in_force

Each page of the designs, plans, and specifications shall bear a stamp of approval by the state fire marshal if the designs, plans, and specifications satisfy the requirements set forth in R.S. 40:1730.59.

Acts 2007, No. 364, §1; Acts 2009, No. 514, §1.
La. Rev. Stat. § 40:1089.3 — LA Code / Code revised-statutes / Title 40 / Section 1089.3
Louisiana youth athlete concussion education requirements
Status: in_force

A. The governing authority of each public and nonpublic elementary school, middle school, junior high school, and high school shall:

(1) Prior to beginning of each athletic season, provide pertinent information to all coaches, officials, volunteers, youth athletes, and their parents or legal guardian which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury.

(2) Require each coach, whether such coach is employed or a volunteer, and every official of a youth athletic activity that involves interscholastic play to complete an annual concussion recognition education course which is in accordance with the provisions of Subsection C of this Section.

(3) Require as a condition of participation in any athletic activities that the youth athlete and the youth athlete's parents or legal guardian sign a concussion and head injury information sheet which provides adequate notice of the statutory requirements which must be satisfied in order for an athlete who has or is suspected to have suffered a concussion or head injury to return to play.

B. Each private club or public recreation facility and each athletic league which sponsors youth athletic activities shall:

(1) Prior to beginning of each athletic season, provide pertinent information to all coaches, officials, volunteers, youth athletes, and their parents or legal guardian which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury.

(2) Require each volunteer coach for a youth athletic activity and each coach with whom the club, facility, or league directly contracts with, formally engages, or employs who coaches a youth athletic activity and each official to complete an annual concussion recognition course which is in accordance with the provisions of Subsection C of this Section.

(3) Require as a condition of participation in any athletic activities that the youth athlete and the youth athlete's parents or legal guardian sign a concussion and head injury information sheet which includes but is not limited to adequate notice of the statutory requirements which must be satisfied in order for an athlete who has or is suspected to have sustained a concussion or head injury to return to play.

C.(1) The concussion recognition education course required by this Section shall include the following information:

(a) How to recognize the signs of and symptoms of a concussion.

(b) The necessity of obtaining proper medical attention for a person suspected of having sustained a concussion.

(c) The nature and risk of concussions, including the danger of continuing to play after sustaining a concussion and the proper method and statutory requirements which must be satisfied in order for a youth athlete to return to play in the athletic activity.

(2)(a) An organization or association of which a school or school district is a member may designate specific education courses as sufficient to meet the requirements of Subsection A of this Section.

(b) Training materials made available by the United States Centers for Disease Control and Prevention (CDC) entitled, "Heads Up: Concussion in Youth Sports" and any amendments or updates thereto, training materials made available by the National Federation of High Schools for the Louisiana High School Athletic Association and any amendments or updates thereto, or other training materials substantively and substantially similar to the CDC materials, along with dissemination of a copy of the statutory requirements which must be satisfied in order for a youth athlete who has or is suspected to have sustained a concussion to return to play in the athletic activity, shall be deemed to satisfy the education requirements provided for in this Section.

Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.183 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1217.7 — LA Code / Code revised-statutes / Title 40 / Section 1217.7
Selection of service providers
Status: in_force

A. The medical center shall establish criteria and procedures to select service providers to furnish kidney health care services under the program.

B. The medical center shall provide a hearing procedure to resolve any conflicts between the medical center and a service provider.

C. The medical center may not terminate a contract with a service provider while a hearing is pending but may withhold payments while the hearing is pending. If the final determination is in favor of the service provider, the medical center shall pay the withheld payment and resume the contract payments.

D. The provisions of Subsections B and C of this Section shall not apply if a contract:

(1) Is canceled because the services are restricted to conform to budgetary limitations that require the medical center to adopt service priorities regarding types of services to be furnished or classes of eligible individuals.

(2) Expires according to its terms.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.87 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1285.1 — LA Code / Code revised-statutes / Title 40 / Section 1285.1
Establishment of lead poisoning prevention program
Status: in_force

The Louisiana Department of Health shall establish a program for the prevention, screening, diagnosis, and treatment of lead poisoning in its office of public health. This program shall, to the extent permitted by appropriations, provide for the prevention of lead poisoning through public and professional education; shall ensure the availability of screening, diagnosis, and treatment relative to lead poisoning of children under the age of six years and persons deemed at risk by the state health officer; and shall advocate for the abatement of sources of lead when appropriate. The program shall not apply to those persons having religious objections to the examination. The office of public health shall promulgate rules and regulations to implement this program.

Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.21 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:31.38 — LA Code / Code revised-statutes / Title 40 / Section 31.38
Office of public health reinspection fees
Status: in_force

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

(1) "Critical item" has the meaning ascribed in the sanitary code, LAC 51:XXIII.101.

(2)(a) "Initial inspection" means any routine, complaint-based, or pre-opening inspection of a commercial facility conducted to determine compliance with the sanitary code that identifies either a minimum of five sanitary code violations or a minimum of one sanitary code violation constituting a critical item that is not corrected during the inspection.

(b) Any reinspection that identifies either a minimum of five sanitary code violations or a minimum of one sanitary code violation constituting a critical item, and in which none of the violations were previously identified in the most recent inspection, constitutes an initial inspection for purposes of this Section.

(3) "Reinspection" means any inspection subsequent to an initial inspection conducted to determine remedial compliance related to any sanitary code violation identified during an initial inspection.

(4) "Second or subsequent reinspection" means any reinspection conducted following a prior reinspection and that identifies either a minimum of five sanitary code violations or a minimum of one sanitary code violation constituting a critical item that remains uncorrected after being identified either in an initial inspection or in a reinspection.

B.(1) The department may conduct a reinspection of any commercial facility subject to regulation and inspection by the department pursuant to R.S. 40:4 or 5.

(2) The department shall charge a fee of one hundred fifty dollars to conduct any second or subsequent reinspection, which shall be assessed to the owner of the reinspected facility by notice served in the same manner provided for in the sanitary code for service of a notice of violation.

(3) Failure of the owner to pay the fee within thirty days of service shall be grounds for the issuance of an order revoking any permit held by the owner. The order shall be subject to an adjudicatory hearing before the division of administrative law if requested by the owner within the time limit set forth in the order.

(4) The department shall not issue any permit to the owner of an unpermitted facility until any fee for a second or subsequent reinspection is paid.

Acts 2017, No. 66, §1, special eff. date.

NOTE: Acts 2017, No. 66, §2 provides that authorization for assessment of a fee for a violation not constituting a "critical item", as defined in §1 of the Act, is effective March 1, 2018; otherwise provides that the remainder of the Act is effective upon signature of the governor (June 3, 2017).
La. Rev. Stat. § 40:600.111 — LA Code / Code revised-statutes / Title 40 / Section 600.111
Mortgage foreclosure counseling
Status: in_force

A.(1) The corporation may establish a program to provide free mortgage foreclosure counseling and education to homeowners who have defaulted or are in danger of defaulting on the mortgages on their homes.

(2) If the corporation establishes such a program, the corporation may work with the office of financial institutions and the office of financial institutions shall cooperate with the corporation to effectuate the purposes of this Section.

(3) The corporation may enter into an agreement with any public, private, or nonprofit entity to carry out any part of the mortgage foreclosure counseling and education program.

(4) The program may include a central toll-free telephone number that homeowners may call to receive mortgage foreclosure counseling and education.

(5) The corporation may award grants for the training of counselors who will provide mortgage foreclosure counseling and education from funds appropriated by the legislature for that purpose or any other funding available for that purpose.

(6) The corporation may establish standards for the certification of counselors who will provide mortgage foreclosure counseling and education.

B. The program shall be funded through self-generated funds of the corporation; however, the corporation may solicit contributions and grants from the private sector, nonprofit entities, and the federal government to assist in carrying out the purposes of this Section.

C. The corporation shall annually submit a report to the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce on the operation of the mortgage foreclosure counseling and education program and shall include a summary of the mortgage foreclosure rates and trends in the state of Louisiana and the United States of America.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1664.10 — LA Code / Code revised-statutes / Title 40 / Section 1664.10
Powers and duties of state fire marshal
Status: in_force

The state fire marshal shall:

(1) Formulate and administer such rules as may be determined essentially necessary for the protection and preservation of life and property and for the enforcement of this Subpart.

(2) Evaluate the qualifications of firms or persons applying for or maintaining a license pursuant to this Subpart.

(3) Have authority to conduct examinations to ascertain the qualifications and fitness of applicants for a license pursuant to this Subpart.

(4) Issue full or provisional licenses to firms and persons that meet the qualifications established by this Subpart.

(5) Evaluate the qualifications of firms seeking approval as testing laboratories.

(6) Have authority, after notice and opportunity for hearing, to increase or decrease the limits of insurance coverage and authorize acceptance of surplus lines coverage if the state fire marshal determines that due to loss experience, market conditions, or other good reason, the liability insurance coverage required by this Subpart is unavailable to applicants for or holders of licenses.

(7) Have authority to conduct inspections of licensed firms, whether in state or out of state, for the purpose of observation and collection of facts and data relating to proper enforcement of this Subpart.

(8) Investigate all written complaints lodged against firms or individuals who are alleged to have violated this Subpart and pursue administrative action against the firms or individuals.

(9) Upon notification by a fire chief or his designee, order a special investigation of any conveyance device accident resulting in any human injury or death within this state.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, eff. Jan. 1, 2019.
La. Rev. Stat. § 40:1484.18 — LA Code / Code revised-statutes / Title 40 / Section 1484.18
Fees; required renewal; penalties
Status: in_force

A. The fire marshal is authorized to assess and collect fees as provided in this Part.

B. Fees for the registration of each inflatable amusement device, amusement attraction, or amusement ride are as follows:

(1) Initial Registration Fee:

(a) Inflatable amusement device: $100.00

(b) Child or "Kiddie" amusement attraction or amusement ride: $100.00

(c) Adult amusement attraction or amusement ride: $200.00

(2) Annual Renewal Fee:

(a) Inflatable amusement device: $100.00

(b) Child or "Kiddie" amusement attraction or amusement ride: $100.00

(c) Adult amusement attraction or amusement ride: $200.00

C. The licensing fees for a firm are as follows:

(1) Initial Fee:

(a) Inspection endorsement: $500.00

(b) Operation endorsement: $500.00

(2) Renewal Fee:

(a) Inspection endorsement: $100.00

(b) Operation endorsement: $100.00

D. The licensing fees for an individual's license are as follows:

(1) Initial Fee:

(a) Third-party inspector endorsement: $250.00

(b) Operator or Owner endorsement: $250.00

(c) Set-up inspector endorsement: $250.00

(2) Renewal Fee:

(a) Third-Party inspector endorsement: $50.00

(b) Operator or Owner endorsement: $50.00

(c) Set-up inspector endorsement: $50.00

E. All licenses are valid for one year, unless a multi-year license is created, and shall be renewed by the license holder within the thirty days prior to the license expiration date. The state fire marshal may create a prorated fee system to allow employee license renewal dates to coincide with the firm license renewal date.

F. Any license not renewed within the thirty days prior to its expiration date is past due for renewal and subject to late fees. The license holder shall pay a late fee penalty of twenty-five dollars for a license renewed within the first forty-five days past the license expiration date. The license holder shall pay a late fee penalty of fifty dollars for a license renewed between forty-six and sixty days past the license expiration date.

G. The state fire marshal shall suspend a license if the license is not renewed within sixty days past its expiration date or if the license holder has not maintained the license. The cost to reinstate a suspended license is the cost of the respective license holder's initial fee plus twenty dollars.

H. The cost for a duplicate or replacement firm or individual license is twenty dollars, regardless of how many endorsements are carried.

I. The cost to transfer an individual license from one firm to another is twenty dollars.

J. The fees established in this Section are not refundable, except when certain conditions apply as the state fire marshal may establish.

K. There are no fees associated with any inspections and audits performed by the office of state fire marshal, unless otherwise indicated by this Part.

L. All fees collected pursuant to this Part shall be used exclusively for the operation and maintenance of the amusement rides and safety division within the office of state fire marshal, code enforcement and building safety.

Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:1307.1 — LA Code / Code revised-statutes / Title 40 / Section 1307.1
Organized Crime Intelligence Division
Status: in_force

The Organized Crime Intelligence Division of the Department of Public Safety is hereby established, to be composed of such employees of the Department of Public Safety as designated by the director. The functions of this division shall be as follows:

(1) to gather information for the State of Louisiana concerning organized crime;

(2) to cooperate with the Attorney General of the State of Louisiana and with all other officials and agencies of this state having law enforcement and investigative powers;

(3) to furnish background information to the Department of Revenue, the Louisiana Alcohol and Tobacco Control Board and political subdivisions of this state concerning applicants for permits to sell beverages of high and/or low alcoholic content; and

(4) to perform such other functions as may be designated by the director.

Added by Acts 1971, No. 159, §2; Acts 1997, No. 1370, §4.
La. Rev. Stat. § 40:1079.13 — LA Code / Code revised-statutes / Title 40 / Section 1079.13
Consent requirements
Status: in_force

A. A school or a facility may provide preventive counseling or treatment to a child without parental consent if all of the following conditions are met:

(1) The child requests such preventive counseling or treatment.

(2) The child withholds permission to contact a parent or parents to seek consent.

(3) A qualified professional reasonably determines in good faith and based on independent evidence that seeking parental consent would not be helpful and would be harmful to the child.

(4) The child provides a statement of his or her reason for seeking preventive counseling or treatment and provides written consent for such services.

B. When requesting a child's written consent for providing preventive counseling or treatment, the school or facility shall comply with all of the following:

(1) Advise the child of the purpose and nature of the preventive counseling or treatment.

(2) Inform the child that the school or facility will maintain a confidential written record of the services provided.

(3) Inform the child that he or she may withdraw consent and cease participating in the preventive counseling or treatment at any time.

Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.3 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1664.9 — LA Code / Code revised-statutes / Title 40 / Section 1664.9
Fees; license endorsements for firms and persons; certifications; Louisiana Life Safety and Property Protection Trust Dedicated Fund Account
Status: in_force

A. The state fire marshal is authorized to assess and collect fees pursuant to this Subpart. License endorsements are separated into the two general categories of Property Protection and Life Safety. The Property Protection category is subdivided into the Technical Endorsements of Locksmith, Door Hardware, and Security. The Life Safety category is subdivided into the Technical Endorsements of Fire Sprinkler, Fire Suppression, Fire Alarm, Portable Fire Extinguishers and Hoses, Conveyance Devices, and DOT Hydrostatic Testing. Technical endorsements may further be divided into specialty endorsements. A technical endorsement holder is authorized to perform all life safety and property protection contracting authorized by the specialty endorsements within the specific technical endorsement category. Specialty endorsement holders are limited to only life safety and property protection contracting authorized by that specialty endorsement.

B. The amount of licensing fees for a firm shall be as follows:

Firm endorsement Initial fee Renewal fee

(1)(a) Technical Endorsement-Locksmith $250 $50

(b) Specialty Endorsement:

(i) Bank locking $250 $50

(ii) Detention locking $250 $50

(iii) Limited Locksmith $250 $50

(iv) Automotive Locksmith $250 $50

(2) Technical Endorsement-Door hardware $250 $50

(3)(a) Technical Endorsement-Security $250 $50

(b) Specialty Endorsement:

(i) Closed Circuit Television $250 $50

(ii) Household fire $250 $50

(iii) Special Locking $250 $50

(iv) Limited Security $250 $50

(4) Technical Endorsement-Fire Sprinkler $500 $250

(5)(a) Technical Endorsement- $350 $100

Fixed Fire Suppression

(b) Specialty Endorsement:

(i) Pre-engineered $350 $100

(ii) Kitchen suppression $350 $50

(6)(a) Technical Endorsement-Fire Alarm $350 $100

(b) Specialty Endorsement:

(i) Fire alarm (Non-required) $350 $50

(ii) Fire alarm owner $350 $50

(7) Technical Endorsement- $350 $150

Portable Fire Extinguishers/Hoses

(8) Technical Endorsement- $350 $50

DOT hydrostatic testing

C. The amount of licensing fees for a person are as follows: Employee endorsementInitial feeRenewal fee

(1)(a) Technical Endorsement-Locksmith $100 $50

(b) Specialty Endorsement:

(i) Bank locking $100 $50

(ii) Detention locking $100 $50

(iii) Limited Locksmith $100 $50

(iv) Automotive Locksmith $100 $50

(2) Technical Endorsement-Door hardware

specialist $100 $50

(3)(a) Technical Endorsement-Security $100 $50

(b) Specialty Endorsement:

(i) Closed Circuit Television $100 $50

(ii) Household fire $100 $50

(iii) Security sales $100 $50

(iv) Special Locking $100 $50

(v) Limited Locksmith $100 $50

(vi) Limited Security $100 $50

(4) Technical Endorsement- $100 $50

Fire Sprinkler Qualifier

(5) Technical Endorsement- $100 $50

Fire Sprinkler Inspector

(6)(a) Technical Endorsement- $50 $50

Fixed Fire Suppression

(b) Specialty Endorsement:

(i) Pre-engineered $50 $50

(ii) Kitchen suppression $50 $50

(7)(a) Technical Endorsement-Fire Alarm $50 $50

(b) Specialty Endorsement:

(i) Fire alarm (Non-required) $50 $50

(ii) Fire alarm owner $50 $50

(8) Technical Endorsement- $50 $50

Portable Fire Extinguishers/Hoses

(9) Technical Endorsement- $25 $25

DOT hydrostatic testing

(10) Specialty Endorsement-Apprentice $50 $50

(11) Technical Endorsement - Conveyance Device

(a) Conveyance Device Inspector $100 $50

(b) Conveyance Device Mechanic $100 $50

(12) Speciality Endorsement-

Limited Conveyance Device Mechanic $100 $50

(13) Conveyance device inspection fee $150 $150

D.(1) The technical endorsements provided for in Paragraph (C)(11) of this Section shall be issued to a person who has received certification developed and approved in accordance with R.S. 40:1664.11(G) or (H), or one of the following as applicable:

(a) Certified Elevator Technician (CET) certification provided by the National Association of Elevator Contractors.

(b) Certification provided by the National Elevator Industry Educational Program.

(c) Qualified Elevator Inspectors (QEI) certification provided by the National Association of Elevator Safety Authorities or the Qualified Elevator Inspectors Training Fund.

NOTE: Paragraph (D)(2) ceased to be effective Jan. 1, 2022. See Acts 2018, No. 598, §6.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, a person may obtain a technical endorsement as provided for in Paragraph (C)(11) of this Section and shall not be prohibited from actively working pursuant to the issuance of the license endorsement; however, such person shall obtain the certification as required in Paragraph (1) of this Subsection within one year from the date the technical endorsement was issued.

(3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, a conveyance device mechanic license shall be issued to a person who, through his licensed conveyance device firm, submits an application for licensure to the office of state fire marshal, with either of the following:

(i) An attestation submitted in the form of notarized affidavit that the person who seeks licensure has worked as a conveyance device mechanic, as defined in this Subpart, for not less than four years and six thousand hours, within the last five years, without immediate or direct supervision prior to application for licensure.

(ii) An attestation submitted in the form of notarized affidavit that the person who seeks licensure has worked as a conveyance device mechanic, as defined in this Subpart, for not less than two years and three thousand hours, within the last three years, without immediate or direct supervision prior to application for licensure and that the person has received a National Association of Elevator Contractors Associate Elevator Technician (AET), or Level 1 certification or equivalent, or is enrolled in the National Association of Elevator Contractors Certified Elevator Technician (CET) program.

(b) A conveyance device mechanic firm shall submit an application for licensure pursuant to this Subsection on or before July 1, 2025.

(4) All continuing education requirements developed and approved for persons who hold technical endorsements provided for in Paragraph (C)(11) of this Section shall be in accordance with R.S. 40:1664.11(G) or (H).

E. All licenses are valid for one year, unless a multi-year license is created, and shall be renewed within thirty days of its expiration date to remain valid. The state fire marshal may create a prorated fee system to allow employee license renewal dates to coincide with the firm license renewal date.

F. A license not renewed within thirty days of its expiration date shall be considered past due and subject to late fees. The late fee penalty shall be twenty-five dollars for a license not renewed before thirty-one to forty-five days past the expiration date and fifty dollars for a license not renewed before forty-six to sixty days past the expiration date.

G. A license shall be suspended if not renewed within sixty days of its expiration date or if the license holder has not maintained the license. The cost to reinstate a suspended license shall be the cost of the initial fees plus twenty dollars.

H. The cost for a duplicate or replacement firm or individual license is twenty dollars, regardless of how many endorsements are carried.

I. The cost to transfer an individual license from one firm to another is twenty dollars.

J. The cost of a Quick Response (QR) code decal or hanging tag for purposes of electronically tagging life safety and property protection systems and equipment, with the exception of portable fire extinguishers and hoses, is one dollar and fifty cents.

K. The fees established in this Section shall not be refundable except under such conditions as the state fire marshal may establish.

L.(1) A temporary conveyance device mechanic license may be issued by the office of state fire marshal upon receipt of either the following:

(a) An attestation from the requesting licensed conveyance device mechanic firm that, despite its best efforts, there is an insufficient number of licensed conveyance device mechanics needed to perform conveyance device mechanic activities or an imminent increase in conveyance device mechanic activities.

(b) An attestation from the requesting licensed conveyance device mechanic firm certifying that the person who seeks temporary licensure has an acceptable combination of documented experience and education to perform conveyance device mechanic activities without direct or immediate supervision as determined by the office of state fire marshal.

(2) All attestations shall be submitted in the form of notarized affidavit.

(3) A temporary conveyance device mechanic license shall be valid for a period of one hundred eighty days from the date of issuance and is valid only for the work performed for the licensed conveyance device mechanic firm that requested the temporary license pursuant to this Section.

(4) Temporary licenses may be approved by the office of state fire marshal for renewal. The requesting licensed conveyance device mechanic firm shall provide a notarized attestation to the office of state fire marshal certifying that, despite its best efforts, there continues to be an insufficient number of licensed conveyance device mechanics needed to perform conveyance device mechanic activities or an imminent increase in conveyance device mechanic activities.

(5) The office of state fire marshal may refuse to renew a temporary license for a person that the office determines has had adequate opportunity to obtain a license pursuant to the provisions of this Subpart.

(6) Initial and renewal fees for temporary licenses shall be in accordance with Subparagraphs (C)(11)(a) and (b) of this Section.

M.(1) An emergency conveyance device mechanic license may be issued by the office of state fire marshal when an emergency exists in the state due to a natural disaster, as declared by the president of the United States or the governor, or major work stoppage, and the requesting licensed conveyance device mechanic firm submits an attestation to the office of state fire marshal certifying each of the following:

(a) The number of licensed conveyance device mechanics in the state is insufficient to cope with the emergency or work stoppage, creating a shortage.

(b) The shortage of licensed conveyance device mechanics in the state jeopardizes the safety of the public.

(2) The requesting licensed conveyance device mechanic firm shall submit an attestation to the office of state fire marshal certifying that the person who seeks emergency licensure has an acceptable combination of documented experience and education to perform conveyance device mechanic activities without direct or immediate supervision as determined by the office of state fire marshal.

(3) The emergency license shall be valid for a minimum period of sixty days from the date of issuance, shall entitle the licensee to the rights and privileges of a licensed conveyance device mechanic, and is valid only for the work performed for the licensed conveyance device mechanic firm that made the request pursuant to this Section. The emergency license may be extended but shall not exceed three hundred sixty-five days from the date of initial issuance, unless mitigating circumstances regarding the emergency declaration or work stoppage exist and are formally recognized by the state fire marshal and an extension of the emergency license is determined to be necessary.

(4) All attestations shall be submitted in the form of a notarized affidavit.

(5) Initial and renewal fees for emergency licenses shall be in accordance with Subparagraphs (C)(11)(a) and (b) of this Section.

N.(1) The owner or his designee of an installed conveyance device, except those exempt pursuant to R.S. 40:1664.5, shall register the conveyance device with the office of state fire marshal.

(2) A firm that installs a conveyance device shall register the conveyance device with the office of state fire marshal within thirty days of its installation.

(3) The owner or his designee of an installed conveyance device, except those exempt pursuant to R.S. 40:1664.5, shall have the conveyance device inspected yearly by a conveyance device inspector. A conveyance device inspector shall pay the fees established in Paragraph (C)(13) of this Section in exchange for a certificate of operation provided by the office of the fire marshal which will then be attributed to a conveyance device that has passed inspection.

O.(1) Subject to the exceptions contained in Article VII, Section 9 of the Constitution of Louisiana, all monies received by the state fire marshal pursuant to this Subpart, including but not limited to fees and fines, shall be deposited immediately upon receipt in the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer, prior to placing such remaining funds in the state general fund, shall pay an amount equal to the total amount of funds paid into the state treasury by the state fire marshal pursuant to this Subpart into a special statutorily dedicated fund account which is hereby created in the state treasury and designated as the Louisiana Life Safety and Property Protection Trust Dedicated Fund Account.

(2) The monies in the Louisiana Life Safety and Property Protection Trust Dedicated Fund Account shall be used solely for implementation, administration, and enforcement of this Subpart, and thereafter, for fire education or emergency response by the state fire marshal and only in the amounts appropriated each year to the state fire marshal or the board by the legislature. Any surplus monies and interest remaining to the credit of the account on June thirtieth of each year after all such appropriations of the preceding fiscal year have been made shall remain to the credit of the account, and no part thereof shall revert to the state general fund. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills and shall be available for annual appropriation by the legislature.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1; Acts 2018, No. 598, §1, see Act; Acts 2020, No. 339, §1, eff. June 13, 2020; Acts 2021, No. 114, §10, eff. July 1, 2022; Acts 2022, No. 579, §1, eff. June 17, 2022; Acts 2022, No. 579, §2, eff. July 1, 2022; Acts 2024, No. 385, §1, eff. Jan. 1, 2025; Acts 2025, No. 297, §1, eff. June 11, 2025.

NOTE: See Acts 2018, No. 598, §§2 and 3, regarding applicability.
La. Rev. Stat. § 40:1111.2 — LA Code / Code revised-statutes / Title 40 / Section 1111.2
Legislative findings; purpose
Status: in_force

A. The legislature hereby finds that:

(1) Hepatitis C is classified as a silent killer where no recognizable signs or symptoms occur until severe liver damage has occurred.

(2) Hepatitis C has been characterized by the World Health Organization as a disease of primary concern to humanity.

(3) Studies indicate that one and eight tenths percent of the population, nearly four million Americans, carry the virus HCV that causes hepatitis C.

(4) The National Institutes of Health (NIH) estimated that thirty thousand acute new infections occur each year in the United States and only twenty-five to thirty percent of those are diagnosed.

(5) Current data sources indicate that eight to ten thousand Americans die from hepatitis C each year.

B. It is the intent of the legislature to provide education, heighten awareness, and enhance knowledge and understanding of hepatitis C in order to promote prevention and early detection of the disease and to prevent the transmission thereof.

Acts 1999, No. 796, §1; Acts 2001, No. 940, §1; Redesignated from R.S. 40:1300.162 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:600.151 — LA Code / Code revised-statutes / Title 40 / Section 600.151
Louisiana Interagency Council on Homelessness
Status: in_force

A. There is hereby created, within the office of the governor, the Louisiana Interagency Council on Homelessness, referred to in this Chapter as the "council", for the purpose of developing a statewide plan to end homelessness in Louisiana.

B. The term "homelessness" for the purpose of this Chapter shall have the same meaning as provided in the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, 42 U.S.C. 11302.

C. The duties and responsibilities of the council shall include but are not limited to the following:

(1) To develop a statewide plan to end homelessness, which shall include and address the following:

(a) Identification and analysis of the particular challenges and barriers that cause people in Louisiana to become at risk of homelessness, to experience homelessness, and to be unable to return to housing.

(b) Assessment of factors that contribute to episodes and rates of homelessness at the individual, community, and state levels.

(c) Proposed actions and policies to address the challenges, barriers, and factors that contribute to homelessness.

(2) To advise the governor, legislature, and local governments as appropriate on the causes of homelessness in Louisiana.

(3) To submit an annual written report to the governor and the legislature regarding the statewide plan to end homelessness.

D.(1) The membership of the council shall be reflective of all geographic regions of the state and shall be comprised of the following members:

(a) The commissioner of administration or his designee.

(b) The executive director of the Louisiana Housing Corporation or his designee.

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

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

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

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

(g) The secretary of the Department of Veterans Affairs or his designee.

(h) One representative from each of the federally recognized continuum of care to end homelessness programs located in Louisiana appointed by the governing board of each continuum of care.

(i) The executive director of the Louisiana Services Network Data Consortium or his designee.

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

(k) The president of the Louisiana Occupational Therapist Association board of directors or his designee.

(l)(i) The chairmen of the Senate and House committees on health and welfare shall appoint six members. Three members shall be appointed by the Senate chairman and three members shall be appointed by the House chairman. The members shall be appointed from a list of nominations submitted jointly by the governing boards of the continuums of care located in Louisiana.

(ii) Each person appointed pursuant to this Subparagraph shall have at least five years of academic or professional expertise in housing or services for people experiencing homelessness with a focus in one or more of the following areas:

(aa) Street outreach.

(bb) Diversion, rapid resolution, or homeless prevention services.

(cc) Emergency shelter.

(dd) Transitional housing.

(ee) Rapid rehousing.

(ff) Permanent supportive housing.

(gg) Behavioral health or substance abuse disorders.

(hh) Homelessness as it relates to actual or perceived sexual orientation, gender identity, or marital status.

(ii) Racial or ethnic disparities in homelessness.

(jj) Veterans homelessness.

(kk) Youth homelessness.

(ll) Chronic homelessness.

(mm) Domestic violence.

(m) The executive director of the Louisiana Housing Corporation shall appoint at least two members with lived experience of homelessness. The members shall be appointed from a list of nominations submitted jointly by the governing boards of the continuums of care located in Louisiana. Each member appointed pursuant to this Subparagraph shall represent as many of the following subpopulations as possible:

(i) Youth aged twenty-four or under.

(ii) Veterans.

(iii) People experiencing or who experienced chronic homelessness.

(iv) People with differing actual or perceived sexual orientation, gender identity, or marital status.

(v) Survivors of domestic violence.

(2) Appointed members shall serve two-year terms. Members are eligible for reappointment. Any designee shall serve at the pleasure of the designating authority.

(3) Members appointed pursuant to Subparagraphs (1)(l) and (m) of this Subsection shall receive a per diem for attendance at council meetings. The per diem shall be paid by the Louisiana Housing Corporation.

(4) The council shall elect a chairman and officers from its membership.

(5) The council shall meet at regularly scheduled intervals and at the call of the chairman.

E. The Louisiana Housing Corporation shall provide support for the council, including staff, facilities, and resources to facilitate remote participation in meetings to the extent authorized by law.

Acts 2023, No. 314, §2.
La. Rev. Stat. § 40:574 — LA Code / Code revised-statutes / Title 40 / Section 574
Exception of contracts from requirements of appraisal; advertising and bidding
Status: in_force

Any sale, lease, or other agreement provided for in R.S. 40:573 may be made by a state public body without appraisal, public notice, advertising, or public bidding.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2116.38 — LA Code / Code revised-statutes / Title 40 / Section 2116.38
Records; reports
Status: in_force

Every home health agency and licensee shall keep such records and make such reports as the department shall prescribe, and all such records shall be open to inspection by the department.

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1995, No. 1252, §1.
La. Rev. Stat. § 40:1087.1 — LA Code / Code revised-statutes / Title 40 / Section 1087.1
Comprehensive sports injury management program for student athletics
Status: in_force

A. Each high school that sponsors or sanctions any athletic activity in this state, and which requires a participating student to regularly practice or train and compete, is subject to the terms of the injury management program provided for in Subsections B through F of this Section.

B. The injury management program shall:

(1)(a) Establish a comprehensive emergency action plan for each sport located on the school's campus.

(b) The emergency action plan shall be reviewed annually prior to each sport season with all appropriate personnel who are designated by the athletic director's office.

(c) The comprehensive emergency action plan shall follow the best practices of the American College of Sports Medicine and the National Athletic Trainers' Association.

(2) Require that any coach, game official, on-field licensed healthcare provider, or licensed athletic trainer remove a student from practice, training, or competition if any of the following circumstances occur:

(a) The student reports any defined sign or symptom of a serious sports injury.

(b) The coach or licensed athletic trainer determines that the student exhibits any defined sign or symptom of a serious sports injury.

(c) The coach is notified that the student has reported or exhibited any defined sign or symptom of a serious sports injury by any of the following persons:

(i) A licensed, registered, or certified medical practitioner operating within their respective scope of practice.

(ii) A licensed athletic trainer.

(iii) Any other licensed, registered, or certified individual whose scope of practice includes the recognition of symptoms associated with serious sports injuries.

(iv) An official responsible for judging or supervising the athletic competition.

(3) Ensure that any student who, in accordance with the provisions of this Subpart, is safely removed from practice, training, or competition:

(a) Shall, as soon as practicable after reporting or exhibiting any sign or symptom of a serious sports injury, be examined by a health professional duly licensed in this state to provide healthcare services or medical treatment.

(b) May be allowed to return to practice, training, or competition only after the student provides to the coach and a licensed athletic trainer written authorization from a health professional duly licensed in this state to provide healthcare services or medical treatment.

(4) Require that for the purpose of serving the students, school, community, and protecting public safety, each coach certified by the Coaches Education and Certification Program receive annual documented training regarding the nature and risks of serious sports injuries in accordance with the National High School Coaches Association and the Louisiana High School Coaches Association.

(5) Subject to availability of financial resources and supply of the necessary workforce, rely to the greatest possible extent on athletic trainers licensed by the Louisiana State Board of Medical Examiners to provide athletic health care at high school athletic competitions.

(6) Require that each school participating in interscholastic athletics follow best practices for any activity that does not occur in a climate-controlled facility. These practices shall follow the modified guidelines of the American College of Sports Medicine and the National Athletic Trainers' Association regarding the heat acclimatization and wet bulb globe temperature policy. These policies shall apply to all school campuses where summer conditioning, preseason and regular season practices, or fall or spring sports take place, or when a coach is present. Football jamborees and regular season games shall be exempt from the provisions of this Paragraph.

(7) Include a protocol for licensed athletic trainers, if utilized by the school or school system, to be available for practices or games to assist in the management of emergency and nonemergency care for participants.

C. The school shall ensure that before a student is allowed to participate in any school-sponsored or school-sanctioned athletic activity, the student and the parent or guardian of the student shall document that they have viewed information, provided in written or verifiable electronic form by the school or school district, regarding risks of serious sports injuries.

D. This Section does not create any liability for, or create a cause of action against, a school, its officers, or its employees.

E. To carry out the duties prescribed in this Subpart, a school may contract for and accept private contributions, gifts, and grants, or in-kind aid from the federal government, the state, or any other source.

F. The Board of Elementary and Secondary Education (BESE) shall promulgate, in accordance with the Administrative Procedure Act, any rules necessary to implement the sports injury management program provided for in this Subpart. In developing such rules, BESE may engage and solicit input from the Louisiana State Board of Medical Examiners and the Sports Medicine Advisory Committee of the Louisiana High School Athletic Association, and may incorporate recommendations of those groups in any final rules providing for a comprehensive sports injury management program.

G. No school or school system shall be required to incur any financial cost related to the implementation of this Section, unless funds are appropriated by the legislature for such purpose.

H. The provisions of this Subpart shall not apply to concussions, as the protocols specific to these injuries shall be governed by the Louisiana Youth Concussion Act.

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

(1) "Heat acclimatization" means a series of changes or adaptations that occur in response to heat stress in a controlled environment over the course of seven to fourteen days. These adaptations are beneficial to exercise in the heat and allow the body to cope with heat stress.

(2) "Interstate game" means any regular season game played out of state.

(3) "Intrastate game" means any regular season game played in the state.

(4) "Jamboree" means a preseason football contest that serves as an official rehearsal for the upcoming regular season where teams compete against regular season opponents.

(5) "Regular season game" means any intrastate or interstate game played during the regular sports season.

(6) "Wet bulb globe temperature" means a measure of the heat stress in direct sunlight which takes into account temperature, humidity, wind speed, sun angle, and solar radiation.

Acts 2011, No. 352, §1; Redesignated from R.S. 40:1299.186 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2020, No. 259, §1; Acts 2021, No. 180, §1; Acts 2022, No. 113, §1.
La. Rev. Stat. § 40:2882 — LA Code / Code revised-statutes / Title 40 / Section 2882
Definitions
Status: in_force

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

(1) "340B drug" means a drug that has been subject to any offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 256b and is purchased by a covered entity as defined in 42 U.S.C. 256b(a)(4).

(2) "340B entity" means an entity participating or authorized to participate in the federal 340B drug discount program, as described in 42 U.S.C. 256b, including its pharmacy, or any pharmacy contracted with the participating entity to dispense drugs purchased through the 340B drug discount program.

(3) "Health insurance issuer" has the same meaning as provided in R.S. 22:1019.1.

(4) "Manufacturer" has the same meaning as defined in R.S. 37:3462.

(5) "Pharmacy" has the same meaning as defined in R.S. 37:1164 except that residents who are provided pharmacy care shall be physically located in this state.

(6) "Pharmacy benefit manager" has the same meaning as provided in R.S. 40:2863.

Acts 2023, No. 358, §1.
La. Rev. Stat. § 40:1664.7 — LA Code / Code revised-statutes / Title 40 / Section 1664.7
Application for an individual license; requirements to maintain
Status: in_force

A. In order to engage in life safety and property protection contracting, an individual shall apply for and obtain a license for each discipline for which he shall perform life safety and property protection contracting. Such license shall authorize its holder to engage in life safety and property protection contracting for the endorsements listed. Each individual license holder shall maintain his license on his person while engaging in life safety and property protection contracting. Each such license holder shall present his license for inspection upon demand by an employee of the office of the state fire marshal, fire department, or a law enforcement officer.

B. As a further condition of licensure, the acceptance of a license by a firm shall be deemed as consent to submit to the reasonable requests for documentation by the office of the state fire marshal or his designated representatives and to cooperate in a lawful investigation by the office of the state fire marshal. Any person refusing to cooperate with any lawful investigation by the office of the state fire marshal shall be subject to any penalty as outlined in this Section, including suspension or revocation of license.

C. Each individual license holder shall notify the state fire marshal, on a form specified and provided by the state fire marshal, within ten days of the following:

(1) Any change in business or home address.

(2) Any separation from an employer or change in employer.

(3) For a person holding a property protection endorsement, any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon.

D. No individual licensed under this Section shall contract for his services as an independent contractor or agent with any life safety and property protection firm or with any other license holder under this Section.

E. Meet all certification, continuing education, training, and testing requirements as established by the board.

F. An individual may act as a temporary apprentice for a thirty-day calendar period commencing on the date the fire marshal receives an application from the applicant. Applications for property protection endorsements shall be accompanied by a criminal record check of the applicant. Such license shall expire on the thirtieth calendar day after its commencement or on the date of issuance of an apprentice or technician license, whichever is earlier.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2010, No. 984, §1.
La. Rev. Stat. § 40:1665.2 — LA Code / Code revised-statutes / Title 40 / Section 1665.2
Financial security for surviving spouses and children of law enforcement officers in certain cases
Status: in_force

A. It is hereby declared to be the public policy of this state, under its police power, to provide for the financial security of surviving spouses and dependent children of law enforcement officers where such officers suffer death as a result of any injury arising out of and in the course of the performance of his official duties as such officer, or arising out of any activity, while on or off duty, in the protection of life or property.

B. Law enforcement officers, within the meaning of this Section, shall include the following:

(1) All sheriffs and deputy sheriffs in the state employed on a full time basis.

(2) All members of the state police thus employed including any cadet participating in the Louisiana State Police Training Academy on or after July 1, 2018, when the cadet has been assigned and is performing police duties or training, even though the cadet has not been commissioned as an enforcement agent.

(3) All municipal police officers employed on a full-time basis.

(4) All enforcement personnel of the Louisiana Wildlife and Fisheries Commission including any cadet participating in the Department of Wildlife and Fisheries Enforcement Training Academy on or after July 1, 2018, when the cadet has been assigned and is performing wildlife enforcement duties or training, even though the cadet has not been commissioned as an enforcement agent.

(5) All state probation and parole officers, including juvenile probation and parole officers.

(6) All security personnel and cottage parents working at state adult and juvenile correctional institutions.

(7) Any police cadet of a political subdivision, as defined in Article VI, Section 44 of the Constitution of Louisiana of 1974, when such cadet has been assigned and is performing police duties, even though said cadet has not been commissioned as a police officer therein.

(8) All correctional officers and cottage parents employed at any facility under the jurisdiction of the Department of Public Safety and Corrections.

(9) All members of the Capitol Police.

(10) All reserve or auxiliary law enforcement officers. For the purposes of this Paragraph, a reserve or auxiliary law enforcement officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as an agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.

(11) All full-time harbor police of any port, harbor and/or terminal district of this state.

(12) All members of the Louisiana National Guard who are killed in the line of duty while on active state duty with the National Guard providing assistance during a period of civil disturbance or natural disaster or imminent danger thereof.

(13) Commissioned Security officers of the Department of Public Safety.

(14) All commissioned state park wardens.

(15) All investigators of the investigation division of the Louisiana Department of Justice and the Elections Compliance Unit of the Louisiana Department of State.

(16) All city marshals and city constables and their deputies and all constables of justice of the peace courts and their deputies.

(17) Federal law enforcement officers or employees whose permanent duties include making arrests, performing searches and seizures, executing criminal arrest warrants, and executing civil seizure warrants.

(18) University and college police officers at state universities and colleges.

(19) Personnel who are employed as police officers by educational institutions which are members of the Louisiana Association of Independent Colleges and Universities.

(20) On and after January 1, 2011, all state employees conducting investigations, serving subpoenas, warrants, pleadings, or other orders of the court, or collecting evidence concerning the affairs of a person upon a reasonable belief that the person has engaged in, or is engaging in, an act or practice that violates state law.

(21) All full-time tribal law enforcement officers regularly employed by a federally or state-recognized Indian tribe or tribal unit.

(22) All enforcement and emergency services personnel of the office of the state fire marshal.

C.(1) In any case in which a law enforcement officer suffers death as a result of any injury arising out of and in the course of the performance of his official duties as such officer, or arising out of any activity, while on or off duty, in his capacity as a law enforcement officer, in the protection of life or property, the sum of two hundred fifty thousand dollars shall be paid to the surviving spouse of each officer or, if not survived by a spouse, the sum of two hundred fifty thousand dollars shall be paid to the surviving child or children or, if not survived by a spouse nor a child or children, then the sum of two hundred fifty thousand dollars shall be paid to the named beneficiary listed on the officer's beneficiary designation form or, if there is no designation form at the time of the officer's death, and no surviving spouse nor a child or children, then the sum of two hundred fifty thousand dollars shall be paid to the officer's estate. Each officer shall complete a beneficiary designation form. In addition, if the officer is survived by a dependent child or children, the sum of fifty thousand dollars shall be paid for each of the dependent children, such sums to be paid to the duly appointed and qualified tutor or the legal representative of the child or children. Payment shall be made by the state risk manager out of the Self-Insurance Fund created in R.S. 39:1533(A).

(2) In order to facilitate the operation of this Section, within one year after the employing authority has knowledge of the death of a law enforcement officer under circumstances covered by this Section or under circumstances believed by the employing authority or by the surviving spouse or the legal representative of an eligible surviving child or children to be covered by the provisions of this Section, he shall notify the Law Enforcement Officers and Firemen's Survivor Benefit Review Board of the death, the date thereof, and the circumstances surrounding the death, and shall furnish such other information as may be requested by the Law Enforcement Officers and Firemen's Survivor Benefit Review Board.

(3) If, at the time of his death, the officer is not married to the other natural parent of any minor child or children who are entitled to receive a payment pursuant to this Section, the payment shall be made to any person designated as a trustee by the officer on a form provided by his employer.

(4) The provisions of Paragraph (1) of this Subsection apply to a law enforcement officer identified in Paragraph (B)(17) of this Section only if the injury was sustained in Louisiana while the officer was participating in the enforcement of Louisiana laws.

D. Notwithstanding the provisions of R.S. 49:112 or of any other law to the contrary, any person or persons who were entitled to claim benefits under the provisions of Article XIV, Section 15.2, of the Constitution of Louisiana of 1921 1 , for a surviving spouse and dependent children of a law enforcement officer, who suffered death from physical violence while engaged in the direct apprehension of a person during the course of the performance of his duties, may assert such claim according to the procedures provided by this Section 1 but according to the factual criteria required and limited to the amount of the benefits provided for such survivors under said Article XIV, Section 15.2, at the time of the officer's death.

E. Honorary law enforcement officers shall not be considered or interpreted to be law enforcement officers under this Section.

F. In addition to the provisions of Subsection A of this Section, the surviving spouse or child of a law enforcement officer who is a commissioned law enforcement officer and who is certified by the Council on Peace Officers Standards and Training at the time of his death shall be entitled to the payments provided for in Paragraph (C)(1) of this Section, if either of the following occur:

(1) The officer was traveling to or from a public safety emergency or was responding to a request for law enforcement assistance regarding the health, safety, or welfare of the public.

(2) The officer was traveling to or from his residence and his authorized work area while using a law enforcement vehicle provided by his employing agency.

G.(1) The employer of a law enforcement officer who suffers death as a result of any injury arising out of and in the course of the performance of his official duties as an officer, or arising out of any activity while on or off duty in his capacity as a law enforcement officer in the protection of life or property shall provide and pay for health insurance coverage for the law enforcement officer's surviving spouse for two years following the death of the law enforcement officer.

(2)(a) The employer of a law enforcement officer who suffers death as a result of any injury arising out of and in the course of the performance of his official duties as an officer, or arising out of any activity while on or off duty in his capacity as a law enforcement officer in the protection of life or property shall provide and pay for health insurance coverage for the law enforcement officer's child, stepchild, or adopted child who is either:

(i) Under the age of eighteen.

(ii) Under the age of twenty-three and enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university.

(iii) Physically or mentally disabled.

(b) The employer shall provide and pay for the health insurance provided pursuant to this Paragraph for two years following the death of the law enforcement officer or until the child no longer meets the qualifications provided in this Paragraph, whichever comes first.

(3) If health insurance coverage is offered by the employer to active members, the health insurance provided to a surviving spouse or child pursuant to this Subsection shall be equal in coverage to that offered to active members.

(4)(a) The surviving spouse shall have the option to decline the health insurance coverage provided in Paragraph (1) of this Subsection.

(b) The surviving parent or legal guardian of each child, stepchild, or adopted child of the deceased law enforcement officer shall have the option to decline the health insurance coverage provided in Paragraph (2) of this Subsection for the child.

Added by Acts 1975, 1st Ex.Sess., No. 26, §1, eff. Feb. 20, 1975. Amended by Acts 1975, No. 448, §1; Acts 1975, No. 806, §1; Acts 1976, No. 532, §1; Acts 1976, No. 666, §1; Acts 1979, No. 382, §1; Acts 1979, No. 418, §1; Acts 1980, No. 638, §1; Acts 1981, No. 377, §1; Acts 1982, No. 507, §1, eff. July 22, 1982; Acts 1982, No. 595, §1, eff. July 22, 1982; Acts 1983, No. 206, §1; Acts 1988, No. 595, §1, eff. July 14, 1988; Acts 1989, No. 308, §§1, 3; Acts 1992, No. 88, §1; Acts 1992, No. 175, §1; Acts 1993, No. 422, §1; Acts 1995, No. 852, §1; Acts 1999, No. 288, §1; Acts 1999, No. 623, §1, eff. June 30, 1999; Acts 2004, No. 816, §1; Acts 2005, No. 35, §1; Acts 2005, No. 321, §1; Acts 2005, No. 407, §1; Acts 2006, No. 480, §1; Acts 2008, No. 475, §1, eff. June 25, 2008; Acts 2011, No. 157, §1, eff. June 24, 2011; Acts 2012, No. 280, §1, eff. May 25, 2012; Acts 2012, No. 866, §3, eff. Jan. 1, 2013; Acts 2013, No. 238, §1; Acts 2014, No. 246, §1; Redesignated to R.S. 40:1665.2. See Acts 2014, No. 158, §§3 and 7; Acts 2018, No. 558, §1; Acts 2018, No. 617, §2, eff. May 30, 2018; Acts 2019, No. 378, §1; Acts 2024, No. 283, §1.

1 As appears in enrolled bill.

NOTE: See Acts 1999, No. 1021 relative to a suspension of the prescriptive period for a minor to establish filiation for the purpose of survivor benefits.

NOTE: See Acts 2006, No. 480, §2, relative to retroactive and prospective application.

NOTE: See Acts 2012, No. 280, §3 regarding retroactive effect of Subsection F as enacted by the Act.
La. Rev. Stat. § 40:1563.2 — LA Code / Code revised-statutes / Title 40 / Section 1563.2
Inspection of family child care providers; inspection fees
Status: in_force

A. The state fire marshal or his designee shall inspect family child care providers as defined in R.S. 17:407.62.

B.(1) The state fire marshal shall collect a fee for all required inspections pursuant to R.S. 17:407.66. The state fire marshal shall not collect any other fees for the inspections, and all fees collected shall be used to employ personnel to perform the inspections and audits and to implement and maintain supportive technologies.

(2) All inspections shall be conducted on an annual basis.

(3) The inspections shall assure that the family child care provider meets the minimum requirements set forth by the Department of Children and Family Services and the Department of Education.

C. All fees collected by the office of state fire marshal for these inspections shall be deposited immediately upon receipt into the state treasury.

Acts 1986, No. 616, §1, eff. July 1, 1986; Acts 1992, No. 984, §18; Acts 1997, No. 1187, §2; Acts 1999, No. 558, §§1 and 2; Acts 2022, No. 585, §2.
La. Rev. Stat. § 40:2017.6 — LA Code / Code revised-statutes / Title 40 / Section 2017.6
Acceptance of federal funds; notice of public hearing
Status: in_force

A. The department may accept on behalf of the state any federal funds made to assist in meeting the cost of carrying out the purposes of any part of this Chapter. Moneys received from the federal government for a construction project approved by the surgeon general of the United States shall be used solely for the payments to applicants for work performed and purchases made in carrying out approved projects.

B. Whenever the department schedules a public hearing to review any application for a finding of conformity pursuant to the provisions of Section 1122 of the Social Security Act, as amended*, the department shall notify each legislator whose district encompasses the proposed location of the facility. The notice shall be provided at least five calendar days prior to the public hearing.

Added by Acts 1958, No. 38, §1; Acts 1985, No. 521, §2, eff. July 12, 1985.

*42 U.S.C. §1320a-1.
La. Rev. Stat. § 40:2264 — LA Code / Code revised-statutes / Title 40 / Section 2264
Revenues; fees and costs of court
Status: in_force

A.(1) In all criminal cases prosecuted under state statutes, parish ordinances, or city ordinances in any mayor's, city, or district court of the state of Louisiana sitting within a parish which is now, or hereafter becomes, a part of the North Louisiana Criminalistics Laboratory Commission, there shall be assessed by the court, in addition to and separate from other costs, against every defendant who is convicted after trial, or who enters a plea of guilty or of nolo contendere, or who forfeits his bond, a fee in accordance with the following schedule:

(a) Operating a vehicle while intoxicated and drug offenses--fifty dollars.

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

(c) Violations of the provisions of Title 32 of the Louisiana Revised Statutes of 1950, or of city or parish traffic ordinances-- ten dollars.

(2) The fees described in Paragraph (1) shall form no part of any court fund.

(3) The fees provided in Paragraph (1) shall be collected by the respective city marshals and sheriffs and shall be remitted to the North Louisiana Criminalistics Laboratory Commission on the first day of each month.

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

B. The sheriff of each parish and each district attorney who represents one or more parishes within the area served by the North Louisiana Criminalistics Laboratory Commission may make a direct contribution from time to time to the North Louisiana Criminalistics Laboratory Commission, the sheriff from his salary fund and the district attorney from any funds available to defray expenses of his office, in order to assist in alleviating any deficit that may be existing in the operating funds of the laboratory commission.

Acts 1981, No. 168, §1; Acts 1992, No. 814, §1; Acts 2001, No. 630, §§1 and 2.
La. Rev. Stat. § 40:1472.14 — LA Code / Code revised-statutes / Title 40 / Section 1472.14
Injunction
Status: in_force

In addition to the penalties and other enforcement provisions of this Part, if a person is engaged in any of the businesses covered by this Part or any rule or regulation adopted or promulgated in pursuance thereto, the deputy secretary is authorized to resort to proceedings for injunction in the district court of the parish where such person shall reside or have his or its principal place of business, and therein apply for such temporary and permanent orders as the deputy secretary may deem necessary to restrain such person from engaging in any such businesses until such person shall have complied with the provisions of this Part and such rules and regulations.

Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1.
La. Rev. Stat. § 40:2193.5 — LA Code / Code revised-statutes / Title 40 / Section 2193.5
Additional licenses; moratorium; exceptions
Status: in_force

A. Except as provided in Subsection C of this Section, and subject to approval by the Centers for Medicare and Medicaid Services, the Louisiana Department of Health shall implement a moratorium on additional licenses for pediatric day health care facilities, and shall not approve any additional pediatric day health care facilities.

B.(1) The prohibition established by the provisions of this Section shall apply only to applications for new facilities not approved prior to July 1, 2016. The prohibition shall become enforceable on July 1, 2016, and shall remain in effect until July 1, 2017.

(2) The prohibition established by the provisions of this Section shall not apply to the replacement of existing facilities.

C. The moratorium provided in this Section shall not apply in cases in which a prospective pediatric day health care facility certifies to the department that it will accept no payment for services that is funded wholly or in part by state funds, including but not limited to reimbursement from the state Medicaid program. No pediatric day health care facility that the department licenses pursuant to the exception authorized in this Subsection may enroll as a provider in the Medicaid program of this state.

Acts 2016, No. 254, §1, eff. July 1, 2016.
La. Rev. Stat. § 40:1041 — LA Code / Code revised-statutes / Title 40 / Section 1041
Transactions involving proceeds from drug offenses
Status: in_force

A. It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds known to be derived from a violation of R.S. 40:966 et seq. when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or the control of the proceeds known to be derived from such violation or to avoid a transaction reporting requirement under state or federal law.

B. It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport, maintain an interest in, or otherwise make available anything of value known to be for the purpose of committing or furthering the commission of any violation of R.S. 40:966 et seq.

C. It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of R.S. 40:966 et seq.

D. It is unlawful for any person to knowingly or intentionally receive or acquire proceeds derived from any violation of R.S. 40:966 et seq., or to knowingly or intentionally engage in any transaction involving proceeds from any such violations. The provisions of this Section shall not include any transaction between an individual and his attorney, that is necessary to preserve that individual's right to representation by counsel, as guaranteed by the Sixth Amendment of the United States Constitution, and Article I Section 13 of the Constitution of Louisiana. However, this shall not affect the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of R.S. 40:966 et seq., as provided by R.S. 40:2601 through 2622.

E. Any person who is convicted of violating this Section shall be imprisoned for not more than ten years, with or without hard labor, or fined not more than ten thousand dollars, or both.

Added by Acts 1989, No. 370, §1; Acts 2004, No. 165, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:2711 — LA Code / Code revised-statutes / Title 40 / Section 2711
Equipment standards
Status: in_force

A. The registrant shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3.

B. Each assembly of tanning equipment shall be designated for use by only one consumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus ten percent of any selected time. The facility shall control the interior temperature of a tanning device so that it may not exceed one hundred degrees Fahrenheit.

C. Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit, or similar internal circuit breakers within said equipment.

D. Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.
La. Rev. Stat. § 40:1730.28 — LA Code / Code revised-statutes / Title 40 / Section 1730.28
Mandatory adoption of certain nationally recognized codes and standards as the state uniform construction code; adoption by reference
Status: in_force

A. Except as provided in Subsection C of this Section, the council shall evaluate, adopt, and amend only the latest editions of the following as the State Uniform Construction Code:

NOTE: Paragraph (A)(1) eff. until July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

(1) International Building Code, not including Parts I-Administrative, Chapter 11-Accessibility, and Chapter 27-Electrical. The applicable standards referenced in that code are included for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices shall be referenced by name or letter designation at the time of adoption.

NOTE: Paragraph (A)(1) eff. July 1, 2026. See Acts 2024, No. 534, eff. July 1, 2026.

(1) International Building Code, not including Parts I-Administrative, and Chapter 27-Electrical. The applicable standards referenced in that code are included for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices shall be referenced by name or letter designation at the time of adoption.

(2) International Existing Building Code, not including Parts I-Administrative, and the standards referenced in that code for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.

(3)(a) International Residential Code, not including Part I-Administration and VIII-Electrical. The applicable standards referenced in that code are included for regulation of construction within this state. The enforcement of such standards shall be mandatory only with respect to new construction, reconstruction, additions to homes previously built to the International Residential Code, and extensive alterations; however, a municipality, parish, or regional planning commission may enforce Appendix J of the code at its option. The appendices of that code may be adopted as needed, but the specific appendix or appendices shall be referenced by name or letter designation at the time of adoption, with the exception of Appendix J, Existing Buildings and Structures, which shall not be adopted by the council and may be adopted and enforced only at the option of a parish, municipality, or regional planning commission. For the purposes of this Part, IRC R301.2.1.1 (Design Criteria) shall be amended as follows and shall apply only to the International Residential Code, 2003 edition:

(i) Amendment of R301.2.1.1 (Design Criteria).

(ii) Item 6, the American Concrete Institute, Guide to Concrete Masonry Residential Construction in High Winds Areas , shall be added.

(iii) Item 7, Institute for Business & Home Safety, Optional Code-plus Fortified for Safer Living , shall be added.

(iv) Item 8, Federal Alliance for Safe Homes, Optional Code-plus Blueprint for Safety , shall be added.

(b) For purposes of this Paragraph, an extensive alteration shall mean an alteration when the total area of all the work areas included in the alteration exceeds fifty percent of the area of the dwelling unit.

(c) For purposes of this Paragraph, "reconstruction" and "alteration" shall have the same meaning as such terms are defined in Appendix J of the 2006 edition of the International Residential Code. For purposes of this Paragraph, "addition" shall have the same meaning as such term is defined in Part II of the 2006 edition of the International Residential Code.

(d) The council shall not adopt any part of the International Residential Code that is excluded by Subparagraph (A)(3)(a) of this Section. Further, any rule that adopts or has been adopted to add an excluded part of the code shall be deemed invalid.

(e) The council shall not adopt or enforce any part of the International Residential Code or any other code or regulation that requires a fire protection sprinkler system in one- or two-family dwellings. Further, no municipality or parish shall adopt or enforce an ordinance or other regulation requiring a fire protection sprinkler system in one- or two-family dwellings.

(f) Factory-built homes shall be inspected in accordance with the codes in effect for the locality where the home will be ultimately sited, on the date construction begins in the factory.

(g) Repealed by Acts 2022, No. 635, §2.

(h) Repealed by Acts 2014, No. 836, §4, eff. Jan. 1, 2016.

(4) International Mechanical Code and the standards referenced in that code for regulation of construction within this state. The appendices of the code provided in this Paragraph may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.

(5) The International Plumbing Code. The appendices of that code may be adopted as needed, but the specific appendix or appendices shall be referenced by name or letter designation at the time of adoption.

(6) International Fuel Gas Code and the standards referenced in that code for regulation of construction within this state. The appendices of the code provided in this Paragraph may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.

(7) International Energy Conservation Code and all optional compliance paths contained therein, and the standards referenced in that code.

(8) National Electric Code.

B. The initial code adopted by the council under the provisions of this Part shall become effective on January 1, 2007.

C. For purposes of Paragraph (A)(3) of this Section, the 2006 edition of the International Residential Code is hereby adopted and amended to include Section R301.2.1.1 of the 2003 edition of the International Residential Code in lieu of Section R301.2.1.1 of the 2006 edition. The code adopted and amended above in this Subsection shall remain in effect until the 2009 edition of the International Residential Code is published, at which time such edition of the code shall be adopted by the council as provided in Subparagraph (A)(3)(a) of this Section. Thereafter, the council shall evaluate and adopt the latest edition of the International Residential Code as provided in Subparagraph (A)(3)(a) of this Section.

D.(1) The state health officer may provide the council with recommended amendments to the plumbing provisions adopted pursuant to this Section. All recommended amendments provided to the council by the state health officer shall be presented to the council for review. The council shall review recommended amendments and vote on whether or not to include such amendments as part of the State Uniform Construction Code at the next regularly scheduled meeting of the council, but no sooner than thirty days after receipt.

(2) Nothing in this Section nor any provisions adopted pursuant to this Section shall lessen the licensing qualifications and requirements provided in R.S. 37:1361 et seq.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005; Acts 2006, No. 458, §1, eff. June 15, 2006; Acts 2007, No. 335, §1, eff. July 9, 2007; Acts 2008, No. 484, §1; Acts 2010, No. 685, §1, eff. June 29, 2010; Acts 2013, No. 390, §1, eff. Jan. 1, 2014; Acts 2014, No. 836, §§3,4, eff. Jan. 1, 2016; Acts 2022, No. 635, §§1, 2; Acts 2024, No. 534, §1, eff. July 1, 2026.
La. Rev. Stat. § 40:500 — LA Code / Code revised-statutes / Title 40 / Section 500
Tenant-housing authority relationship
Status: in_force

Except as otherwise provided in this Chapter with respect to mixed-income developments or otherwise permitted by law, dwelling units in a local housing authority's developments shall be rented only to households consisting of persons of eligible income at the time of their initial occupancy of such units. Notwithstanding any other provision of law, a local housing authority may allow police officers and maintenance and management employees, not otherwise eligible for residence, to reside in dwelling units in a local housing authority's developments.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1742.1 — LA Code / Code revised-statutes / Title 40 / Section 1742.1
Additional fine for enforcement of accessible parking regulations
Status: in_force

In addition to all fines, fees, costs, and punishment authorized for violation of accessible parking regulations, any parish or municipality which institutes a formal accessible parking enforcement program to assist the law enforcement agency in enforcing such regulations may, by ordinance, provide for and enforce an additional twenty-five dollar fine for each violation of such regulations. The proceeds of such additional fine shall be used by such parish or municipal governing authority exclusively to fund such program.

Acts 1999, No. 1307, §2, eff. July 12, 1999; Acts 2011, No. 398, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
La. Rev. Stat. § 40:1730.34 — LA Code / Code revised-statutes / Title 40 / Section 1730.34
Responsibility of Louisiana State Construction Code Council for registration of building codes enforcement officers; record of hearings and proceedings; register of applications for certificates of registration
Status: in_force

A. The Louisiana State Uniform Construction Code Council is responsible for the registration of building codes enforcement officers pursuant to this Part. When used in this Part "building codes enforcement officer" means a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer.

B. The council or its designated representatives may conduct hearings and proceedings required by law or considered necessary by the council. The council and its members shall be subject to the Open Meetings Law, the Public Records Law, and the Code of Governmental Ethics, provided however, that when any member of the council has a real or perceived conflict of interest upon an issue before the council, he shall recuse himself from participation in that issue by providing a verbal explanation of the real or perceived conflict to the council. The Department of Public Safety and Corrections shall employ and supervise personnel necessary for the administration of this Part. The council may promulgate regulations under the provisions of the Administrative Procedure Act for the proper enforcement of this Part.

C. The council shall keep a record of its hearings and proceedings and a register of applications for the certificates of registration showing the date of application, name, qualifications, and addresses of the business and residence of the applicant and whether the certificate is approved or denied. The council shall publish at least annually the applications in the register which are approved. Applicants and registrants shall notify the council of changes in required information within ten days of a change.

Acts 2005, 1st Ex. Sess., No. 12, §2, eff. Nov. 29, 2005.
La. Rev. Stat. § 40:575 — LA Code / Code revised-statutes / Title 40 / Section 575
Exception of certain developments from regulations of state public body
Status: in_force

With respect to any housing development which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation, and other protection, no state public body shall require any changes to be made in the housing development or the manner of its construction or take any other action relating to its construction.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:1667.5 — LA Code / Code revised-statutes / Title 40 / Section 1667.5
Parishes having no incorporated municipalities; extra compensation for deputy sheriffs
Status: in_force

A. In order to promote the public peace and safety in parishes of the state having no incorporated municipalities, by providing better enforcement of law and particularly the enforcement of state laws by deputy sheriffs in such parishes, every deputy sheriff employed on a full time basis for law enforcement work by the sheriff of each of the parishes of Cameron, Plaquemine, St. Bernard, St. Charles and St. John the Baptist shall be paid by the state extra compensation in addition to the compensation paid him out of the sheriff's salary fund.

B. Out of the funds appropriated by the legislature for the payment of the extra compensation provided by Subsection A of this Section there shall be distributed to each of the parishes named therein, the sum of one dollar for each inhabitant within the parish as shown by the most recent federal census. The sums to be so distributed shall be disbursed upon warrants drawn by the sheriffs of the respective parishes and shall be paid into the sheriff's salary fund of the respective parishes. The sheriff of each parish shall expend such sums so paid into his sheriff's salary fund of the respective parishes. The sheriff of each parish shall expend such sums so paid into his sheriff's salary fund to deputy sheriffs employed by him on a full-time basis for law enforcement work, the amount to be paid to each deputy to be within the discretion of the sheriff and to be based upon the length of service of the deputy insofar as is practicable.

Acts 1959, No. 49, §4. Amended by Acts 1962, No. 253, §2; Acts 1977, No. 695, §1. Redesignated from R.S. 33:2218.6. See Acts 2014, No. 158, §§3 and 7.
La. Rev. Stat. § 40:2120.45 — LA Code / Code revised-statutes / Title 40 / Section 2120.45
License issuance; application; onsite inspection
Status: in_force

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

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

C. As a condition for a renewal of a license, the licensee shall submit to the department a completed annual renewal application on forms prescribed by the department and shall contain such information as required by the department. Upon receipt of the completed annual renewal application, the department shall determine if the facility continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part. The department may perform an onsite survey and inspection upon annual renewal. If the facility continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which is valid for one year.

D. The department may perform an onsite inspection at reasonable times as necessary to ensure compliance with the provisions of this Part.

Acts 2006, No. 637, §1, eff. June 23, 2006; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:24 — LA Code / Code revised-statutes / Title 40 / Section 24
Issuance of warrants by health officer; general duties of officer
Status: in_force

A. The parish health officer may issue warrants only to arrest or prevent epidemics or to abate an imminent menace to the public health in his parish.

B. The parish health officer shall issue all orders and warrants, subject to the limitations provided in Subsection A of this Section, and take all necessary steps to execute the sanitation laws of the state under the state health officer and to carry out the rules, regulations, and ordinances of the Louisiana Department of Health.

Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:411 — LA Code / Code revised-statutes / Title 40 / Section 411
Creation
Status: in_force

A. If the governing body of each of two or more parishes in the same general geographical location, regardless of their population, declares by resolution that there is a need for one regional housing authority for both or all of such parishes, a public body corporate and politic known as a regional housing authority shall thereupon exist and exercise its powers and perform its functions in such parishes.

B. If the governing body of each of two or more municipalities, whether or not in the same general geographical location, declares by resolution that there is a need for one consolidated housing authority for both or all of such municipalities, a public body corporate and politic known as a consolidated housing authority shall thereupon exist and exercise its powers and perform its functions within its area of operation.

C. Regional and consolidated housing authorities may select appropriate corporate names for themselves.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:423 — LA Code / Code revised-statutes / Title 40 / Section 423
Public hearing necessary before decrease
Status: in_force

The governing body of a parish or municipality shall not adopt the resolution authorized in R.S. 40:421 unless a public hearing has been held in the manner described in R.S. 40:416.

Acts 1997, No. 1188, §1.