La. Rev. Stat. § 40:2007.1 — LA Code / Code revised-statutes / Title 40 / Section 2007.1
Interruption of provision of health care services; executive order or proclamation of emergency or disaster; licensing
Status: in_force

A.(1) The provisions of this Section shall apply to any person, partnership, corporation, unincorporated association, or other legal entity who, at the time of an executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724, is operating a licensed health care facility, as listed below, in an area or areas which have been affected by such executive order or proclamation. This Section shall apply to any licensed:

(a) Adult day health care facility.

(b) Substance abuse/addiction treatment facility.

(c) Ambulatory surgery center.

(d) Case management provider.

(e) Home health agency.

(f) Hospice.

(g) Hospital.

(h) Nursing home.

(i) Rural health clinic.

(j) Intermediate care facility for people with developmental disabilities (ICF/DD).

(k) End stage renal disease facility.

(2) All licensed health care providers operating in an area or areas which have been affected by an executive order or proclamation of emergency or disaster who seek the protection of the provisions of this Section, shall meet the following criteria:

(a) The health care provider shall notify in writing the health standards section of the Louisiana Department of Health that the provider has experienced an interruption in the provision of services as a result of events that are the subject of such executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724. Such notice shall be received no later than December 31, 2005.

(b) The health care provider shall notify in writing the health standards section of the Louisiana Department of Health that the provider intends to resume operating a health care facility.

(c) The provider shall resume operating as a health care facility no later than January 1, 2008. Extensions may be granted by the Louisiana Department of Health for good cause, including but not limited to delays in construction beyond the provider's control.

(3)(a) Notwithstanding the provisions of Paragraph (2) of this Subsection, any nursing home provider located in a parish with a population between sixty-five thousand and seventy thousand according to the latest federal decennial census, which parish was affected by Hurricane Katrina or Rita, who ceased operations solely because of the damage occasioned by the events which were the subject of an order or proclamation of emergency or disaster issued pursuant to R.S. 29:724 and who failed to notify the health standards section of the Louisiana Department of Health in writing by December 31, 2005, of the interruption in services and the intent to resume operation, shall be allowed to request reinstatement of the pre-storm license for the sole purpose of rebuilding or replacing the nursing home, upon meeting the following conditions:

(i) The nursing home provider shall submit the license reinstatement request to the health standards section of the Louisiana Department of Health in writing by December 31, 2008.

(ii) The license reinstatement request shall state the provider's intent to rebuild the nursing home and resume providing nursing home services in that parish.

(iii) The nursing home provider shall resume operation as a nursing home provider in that parish no later than January 1, 2010. Extensions of time may be granted by the Louisiana Department of Health for good cause.

(iv) The nursing home provider shall submit all fees, costs, and cost reports due and owing to the Louisiana Department of Health.

(b) Upon completion of such rebuilding construction, the nursing home provider shall meet all criteria required to remain licensed as a nursing home.

(c) No change of ownership in the nursing home provider shall occur until such nursing home has completed construction and has resumed operations as a nursing home provider.

(d) The provisions of this Subsection shall not apply to a nursing home provider who has voluntarily surrendered its license and ceased operations.

B.(1) No licensed health care facility that experiences an interruption in the provision of services as a result of events that are the subject of an executive order or proclamation of emergency or disaster shall be deemed by the Louisiana Department of Health to have voluntarily surrendered its license solely as a result of such interruption of services.

(2) The interruption of the provision of health care services by a licensed health care facility as a result of events that are the subject of an executive order or proclamation of emergency or disaster shall not constitute the sole cause for the Louisiana Department of Health to terminate or revoke such license.

C. Nothing in this Section shall prohibit the Louisiana Department of Health from inspecting a health care facility prior to the re-establishment of the provision of health care services whether at a temporary or permanent location.

D.(1) The Louisiana Department of Health shall license, as of the date services commence, any outpatient off-campus facility of a licensed hospital, if the need for the off-campus facility was occasioned by an event which is the subject of an executive order or proclamation of emergency or disaster, issued in accordance with R.S. 29:724. In order to qualify for licensure of such an off-campus facility, the licensed hospital shall, no later than December 31, 2005, comply with the following:

(a) Notify the Louisiana Department of Health that it has commenced operations at an outpatient off-campus facility, regardless of whether such off-campus facility is located in an area that is the subject of the executive order or proclamation of emergency or disaster issued in accordance with R.S. 29:724.

(b) Submit to the Louisiana Department of Health an attestation of regulatory compliance specifying that, to the best of the hospital's knowledge, the outpatient off-campus facility is in compliance with all regulatory requirements, including life and safety and public health requirements, as of the date the off-campus facility commenced providing services.

(2) The Louisiana Department of Health shall not require any documentation from a licensed hospital regarding an outpatient off-campus facility other than that listed in this Subsection provided that nothing herein shall relieve the facility from complying with federal regulations and requirements for approval from the Centers for Medicare and Medicaid Services.

Acts 2005, 1st Ex. Sess., No. 7, §1, eff. Nov. 23, 2005; Acts 2006, No. 163, §2; Acts 2008, No. 795, §1.
La. Rev. Stat. § 40:2154 — LA Code / Code revised-statutes / Title 40 / Section 2154
Applicability
Status: in_force

A. The provisions of this Part shall not apply to the licensing of any of the following facilities or persons and shall not be construed as requiring any of the following facilities or persons to seek licensure as a behavioral health services provider:

(1) Hospitals licensed under R.S. 40:2100 et seq.

(2) Crisis receiving centers licensed under R.S. 40:2180.11 et seq.

(3) Nursing homes licensed under R.S. 40:2009.3 et seq.

(4) Psychiatric residential treatment facilities or therapeutic group homes licensed under R.S. 40:2009.

(5) Facilities or services operated by the federal government.

(6) Federally qualified health centers certified by the federal government.

(7) Community mental health centers certified by the federal government.

(8) Home- and community-based service providers licensed under R.S. 40:2120.1 et seq.

(9) An individual Licensed Mental Health Professional (LMHP), whether incorporated or unincorporated, or a group practice of LMHPs, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses.

(10) An individual licensed physician, or a group of licensed physicians, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses.

(11) An individual licensed physician assistant, or a group practice of licensed physician assistants, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses.

(12)(a) School-based health clinics and centers that are certified by the Louisiana Department of Health, office of public health, and enrolled in the Louisiana Medicaid program.

(b) Local public school governing authorities, if such exemption is applicable to only school-based behavioral health services provided through the Medicaid Early and Periodic Screening, Diagnostic, and Treatment program.

(13) A healthcare provider or entity solely providing case management or peer support services, or a combination thereof.

(14) Repealed by Acts 2017, No. 33, §2, eff. June 3, 2017.

(15) An individual licensed advanced practice registered nurse, or a group practice of licensed advanced practice registered nurses, providing services under the auspices of and pursuant to the scope of the individual's license or group's licenses.

(16) Rural health clinics licensed under R.S. 40:2197.

(17) Facilities or services operated by the Department of Public Safety and Corrections, corrections services.

(18) Facilities or services operated for the sole purpose of providing substance abuse or mental health services to courts that are recognized and certified by the Louisiana Supreme Court as specialty courts.

NOTE: The implementation of Paragraph (A)(19), as enacted by Acts 2017, No. 417, §1, 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. See Acts 2017, No. 417, §2.

(19) Community-based care facilities licensed pursuant to R.S. 40:2162.1 et seq.

B. Nothing in this Part shall be construed to authorize any person to provide behavioral health services unless the person is licensed, certified, registered or credentialed as provided in state law, and the services rendered are in accordance with all applicable laws, rules, professional training and ethical standards.

Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2015, No. 23, §1, eff. May 29, 2015; Acts 2016, No. 344, §1, eff. June 2, 2016; Acts 2017, No. 33, §2, eff. June 3, 2017; Acts 2017, No. 417, §1; Acts 2018, No. 206, §4; Acts 2019, No. 215, §1.
La. Rev. Stat. § 40:2822 — LA Code / Code revised-statutes / Title 40 / Section 2822
Definitions
Status: in_force

As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise:

(1) "Administrative costs" means costs incurred by the Louisiana Department of Health, office of public health in the administration of the program, including but not limited to:

(a) Program startup costs.

(b) Financial administrative costs of servicing loans and issuing debt.

(c) Costs associated with establishing assistance priorities and carrying out oversight and related activities other than financial administration.

(d) Financial, management, and legal consulting fees.

(e) Reimbursement costs for support services from other state agencies.

(2) "Capitalization grant" means the assistance agreement by which the United States Environmental Protection Agency obligates and awards funds allotted to the state for the purposes of capitalizing the Drinking Water Revolving Loan Fund as well as any other monies for other purposes authorized by the federal act.

(3) "Community water system" means a public water system that serves year-round residents within a residential setting.

(4) "Cost" means, with reference to a project, all capital costs incurred or to be incurred for a public water system, including but not limited to:

(a) Engineering, financing, and other fees.

(b) Construction and interest during construction.

(c) A reasonable allowance for contingencies to the extent permitted by the federal act and rules promulgated thereunder.

(5) "Disadvantaged community" means the service area of a public water system wherein the system's existing or projected rates for water service do not meet affordability criteria established under the Intended Use Plan of the Louisiana Department of Health, office of public health.

(6) "Drinking Water Revolving Loan Fund" means the revolving loan fund established under this Chapter pursuant to the authority of the federal act.

(7) "Environmental review" means an environmental review process conducted by the Louisiana Department of Health of any public water system that has applied for or has received a loan or other assistance from the program. Nothing in this Paragraph shall prevent the Department of Environmental Quality from fulfilling its responsibilities under the Louisiana Environmental Quality Act (R.S. 30:2001 et seq.).

(8) "Federal act" means the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).

(9) "Governmental agency" means the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities, which have the authority to own, construct, or operate a public water system or a wastewater treatment facility and other related activities.

(10) "Indian tribe" means an Indian tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area within the state.

(11) "Intended Use Plan" means a document which describes how the state intends to use the federal capitalization grant funds, state matching funds, principal repayments, interest earnings, and any other monies associated with the Drinking Water Revolving Loan Fund Program during each year in order to meet the objectives of the federal act and further the goal of protecting public health.

(12) "Loan" means a loan of money from the Drinking Water Revolving Loan Fund for eligible project costs.

(13) "Loan subsidy" means a forgiveness of loan principal, or a portion thereof, up to an amount sufficient to make the project affordable to a disadvantaged community or to a community that the state expects to become a disadvantaged community as the result of a proposed project.

(14) "Net proceeds" means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents' bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks.

(15) "Non-community water system" means a public water system that serves persons in a nonresidential setting.

(16) "Nonprofit non-community water system" means a non-community water system that is owned by an entity organized under Louisiana law which qualifies as a tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code.

(17) "Privately owned system" means a public water system that is not owned by a governmental agency.

(18) "Program" means the Drinking Water Revolving Loan Fund Program as established by this Chapter.

(19) "Project" means improvements or activities to be undertaken by a public water system which:

(a) Are of a type that will facilitate compliance with state drinking water regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the federal act.

(b) Further the health protection objectives of the federal act.

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

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

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

(21) "Publicly owned system" means a public water system that is owned by a governmental agency.

(22) "Set-asides" means use of a portion of the state's allotted capitalization grant funds for various project and non-project activities as authorized under the federal act.

Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2001, No. 862, §1; Acts 2003, No. 67, §3, eff. May 28, 2003; Acts 2006, No. 39, §1, eff. May 12, 2006.
La. Rev. Stat. § 40:2120.52 — LA Code / Code revised-statutes / Title 40 / Section 2120.52
State registration of certified nurse aides in nursing facilities
Status: in_force

A. Beginning August 15, 2010, a certified nurse aide employed by a nursing facility or contracted by a nursing facility to provide nursing assistant services to the residents of a nursing facility shall be registered with the department.

(1) Each such certified nurse aide shall apply for registration with the department. Each application for registration of a certified nurse aide shall be submitted to the department on forms provided by the department and shall contain such information required by the department. Additional information required by the department shall be provided by the applicant as requested.

(2) The registration will be listed on the Louisiana's Certified Nurse Aide Registry.

(3) No certified nurse aide shall be employed by a nursing facility or contracted by a nursing facility to provide nursing assistant services after August 15, 2010, unless the certified nurse aide has a valid and current registration with the department.

B. The department shall establish the following types of registration for such certified nurse aides:

(1) Unrestricted registration.

(2) Restricted registration.

C.(1) An individual who successfully completes one semester of a registered or practical nursing program that includes a course on foundational nursing skills may apply to take a nurse aide competency evaluation examination approved by the department.

(2) A nurse aide who successfully passes an approved nurse aide competency evaluation examination may register with the Louisiana Certified Nurse Aide Registry and shall not be required to complete a nurse aide training program.

Acts 2009, No. 357, §1, eff. Aug. 15, 2010; Acts 2023, No. 80, §2.
La. Rev. Stat. § 40:1248.1 — LA Code / Code revised-statutes / Title 40 / Section 1248.1
Definitions
Status: in_force

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

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

(2) "Governmental institutional provider" means either of the following:

(a) A nonstate governmental hospital, licensed in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., other than a rural hospital as defined in R.S. 40:1189.3.

(b) A hospital included in the definition of public, nonrural community hospital as defined in the Louisiana Medicaid State Plan.

(3) "Institutional provider" means a governmental institutional provider, nongovernmental institutional provider, or rural hospital, as applicable, located in participating parishes.

(4) "Nongovernmental institutional provider" means a hospital licensed in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., that is not a governmental institutional provider or rural hospital.

(5) "Paying hospital" means an institutional provider required by the provisions of this Subpart to make a local hospital assessment payment.

(6) "Program" means the local healthcare provider participation program authorized by this Subpart.

(7) "Rural hospital" means a rural hospital as defined in R.S. 40:1189.3.

Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024.
La. Rev. Stat. § 40:599.24 — LA Code / Code revised-statutes / Title 40 / Section 599.24
Securities
Status: in_force

Bonds are securities:

(1) That may be deposited with and received by a unit of the state or a political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law.

(2) In which any of the following persons or entities may legally and properly invest money, including capital that the person or entity owns or controls:

(a) An officer or a unit of the state or a political subdivision of the state.

(b) A bank, a trust company, a savings and loan association, an investment company, or any other person conducting a banking business.

(c) An insurance company, an insurance association, or any other person conducting an insurance business.

(d) A personal representative, a guardian, a trustee, or any other fiduciary.

(e) Any other person.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1133.5 — LA Code / Code revised-statutes / Title 40 / Section 1133.5
Powers and duties of the bureau
Status: in_force

The bureau shall:

(1) Issue a license and renew a license to any duly qualified applicant for licensure and license renewal as an emergency medical services practitioner.

(2) Prescribe application forms for emergency medical practitioner licensure and license renewal and ambulance operator certification.

(3) Adopt requirements and standards of practice approved by the commission for emergency medical personnel.

(4) Conduct investigations as requested by the commission.

(5) Deny, withhold, revoke, restrict, probate, or suspend a license as directed by the commission under the provisions of R.S. 40:1133.7.

(6) Prepare, publish, and update a roster of all emergency medical personnel, including the name and address of each individual.

(7) Adopt continuing education requirements and standards for individuals seeking to renew a license.

(8) Prepare an annual report detailing the activities of the commission during the past fiscal year including the number and nature of the hearings conducted under the provisions of R.S. 40:1133.8.

(9) Adopt rules and regulations to implement the provisions of this Part in accordance with the Administrative Procedure Act.

(10) Adopt and amend the title and the definition of licensed emergency medical services practitioners.

(11) Issue a certification to any duly qualified applicant for certification as an ambulance operator.

(12) Deny, withhold, revoke, restrict, probate, or suspend an ambulance operator certification as directed by the commission in accordance with the provisions of R.S. 40:1133.18.

Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1232.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1; Acts 2024, No. 171, §1, eff. May 23, 2024.
La. Rev. Stat. § 40:1205.6 — LA Code / Code revised-statutes / Title 40 / Section 1205.6
Loan forgiveness for primary care physicians, pediatricians, surgeons, obstetricians, and gynecologists
Status: in_force

A. The department shall establish a loan forgiveness program for primary care physicians, which shall include those practicing family medicine, internal medicine, pediatrics, medicine/pediatrics, obstetrics, gynecology, and general surgery, hereinafter collectively referred to as "primary care physicians", who are practicing in a rural health professional shortage area, hereinafter referred to as an "HPSA", and who serve on the active medical staff of a rural hospital in accordance with such hospital's medical staff bylaws, rules, and regulations. "Rural hospital" is defined as provided for in R.S. 40:1189.3. The establishment of this loan forgiveness program shall be subject to an act of the legislature appropriating monies sufficient to establish and implement the program.

B. The department shall coordinate the administration of the program.

C. The department may provide assistance for the repayment of a student loan for education at an institution of higher learning received by a primary care physician, practicing in a rural HPSA and on the active medical staff of a rural hospital in accordance with such hospital's medical staff bylaws, rules, and regulations. Repayment shall be made by the department to the lending institution on behalf of the loan recipient.

D. Consideration for loan repayment assistance shall be as follows:

(1) The applicant must be an individual who has one of the following:

(a) A medical degree from an accredited medical school.

(b) Completed an Accreditation Council of Graduate Medical Education (ACGME) accredited training program in family medicine, internal medicine, pediatrics, medicine/pediatrics, obstetrics, gynecology, or general surgery and is board eligible in one of such areas.

(c) A license to practice medicine in the state.

(2) An applicant who is qualified under Paragraph (1) of this Subsection shall agree to practice in a rural hospital as a primary care physician, for not less than five years according to a schedule developed by the department.

E. A physician who is eligible pursuant to Subsection D of this Section shall be eligible to receive an amount of loan forgiveness of up to two hundred fifty thousand dollars, as established by the department, based on the total amount of the physician's debt and the available funding for this program. No less than ten percent of such debt amount shall be forgiven each year, subject to funds available for loan exonerations in that fiscal year.

F. A recipient of loan repayment assistance shall enter into a contract with the department, which shall be considered a contract with the state. The contract shall include but not be limited to the following terms and conditions:

(1) An unlicensed applicant shall apply for a license to practice medicine at the earliest practicable opportunity.

(2) Within six months after licensure and the completion of all ACGME requirements for the medical specialty, an applicant shall engage in the practice of family medicine, internal medicine, pediatrics, medicine/pediatrics, obstetrics, gynecology, and general surgery in a rural HPSA and obtain and maintain, during the term of the loan repayment agreement with the department, active medical staff privileges at a rural hospital in accordance with such hospital's medical staff bylaws, rules, and regulations. The department shall provide applicants with a list of available rural hospital sites and shall, to the extent possible, approve applicant selections in the order they are received.

(3) The applicant shall agree, for a period of not less than five full years, to practice, on a full-time basis, not less than thirty-six hours per week, at an office, leased or owned by the applicant, a physician or physicians's group practice, or at an entity licensed by the department located in a rural HPSA while maintaining active medical staff privileges at a rural hospital, in accordance with such hospital's medical staff bylaws, rules, and regulations.

(4) The applicant shall agree to treat patients who are eligible for Medicaid and Medicare.

(5) The applicant shall permit the department to monitor his practice to determine compliance with the terms of the contract.

(6) The department shall certify compliance with the terms of the contract for purposes of receipt by the physician of loan repayment awards for years subsequent to the initial year of the loan.

(7) The contract shall be renewable on an annual basis upon certification by the department that the physician has complied with the terms of the contract.

(8) Upon the recipient's death or total or permanent disability, the department shall nullify the service obligation of the recipient.

(9) If the recipient is convicted of or pleads guilty or no contest to a felony or misdemeanor or if the appropriate licensing board has determined that the recipient has committed an act of gross negligence in the performance of service obligations or has suspended or revoked the license to practice, the department shall have the authority to terminate the recipient's service in the program and demand repayment of the assistance rendered to date.

(10) Loan recipients who fail to begin or complete the obligations contracted for shall pay to the department three times the amount of assistance received. Falsification or misrepresentation on an application or in verification of service shall be construed to be a default. Determination as to the time of breach of contract shall be made by the department. Both the recipient and the department shall make every effort to resolve conflicts in order to prevent a breach of contract.

G. The department shall have the authority to seek garnishment of wages for the collection of damages provided for in Paragraph (10) of Subsection F of this Section.

Acts 2008, No. 605, §1; Redesignated from R.S. 40:1300.6 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2180.16 — LA Code / Code revised-statutes / Title 40 / Section 2180.16
Operation without license; penalty
Status: in_force

A. A crisis receiving center shall not operate without a license issued by the licensing agency. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If a crisis receiving center is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency.

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

Acts 2008, No. 447, §2, effective upon final adoption of the rules and regulations promulgated by DHH.
La. Rev. Stat. § 40:2009.8 — LA Code / Code revised-statutes / Title 40 / Section 2009.8
Right of inspection by department; records; reports; confidentiality of inspection; penalty
Status: in_force

A. Every home conducted by a licensee hereunder, and any premises proposed to be conducted by an applicant for a license, shall be open at all reasonable times to inspection by the department and by any agency designated by the department as provided in R.S. 40:2009.5.

B. Every 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.

C. Any information regarding the date and time of a proposed inspection shall be confidential, shall not be transmitted outside of the Louisiana Department of Health, and shall not be transmitted within that department except to the extent necessary to conduct the inspection. Any person who knowingly or willfully violates the provisions of this Subsection shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.

Added by Acts 1958, No. 188, §1; Acts 1986, No. 108, §1.
La. Rev. Stat. § 40:383 — LA Code / Code revised-statutes / Title 40 / Section 383
Purposes
Status: in_force

The purposes of this Chapter are:

(1) To remedy the shortage of decent, safe, and sanitary housing affordable to persons of low and moderate income, to provide opportunities to secure such housing to all such persons, to preserve existing supplies of such housing, and to create, administer, and operate programs to increase and maintain access to decent, safe, and sanitary rental housing and home ownership, upon terms affordable to such persons.

(2) To encourage the development, redevelopment, rehabilitation, and preservation of safe, livable neighborhoods containing housing that is affordable to persons of low and moderate income, including mixed-use and mixed-income developments, and to reduce where feasible high residential concentrations of impoverished persons.

(3) In connection with the provision of affordable housing and related activities authorized under this Chapter, to eliminate or ameliorate conditions of blight and physical deterioration in public facilities and the commercial and residential infrastructure.

(4) To provide housing, rental, and other assistance to persons of low and moderate income, and assistance to properties and entities, in accordance with this Chapter, and, subject to standards and procedures adopted by the local housing authority, to authorize the provision by local housing authorities of supportive services and programs of every kind and description to advance the social, educational, and economic well-being and the economic and social self-sufficiency, of persons receiving housing assistance under this Chapter, so as to create wholesome living environments, eliminate long-term poverty, encourage gainful employment, develop social and economic self-sufficiency, including living independently of housing assistance, and enhance personal responsibility on the part of such persons.

(5) To increase intergovernmental cooperation and the use of consortia and intergovernmental partnerships for the development of affordable housing and suitable neighborhoods.

(6) To encourage the use of entrepreneurial methods and approaches and to stimulate and increase private sector initiatives and joint public-private sector initiatives by local housing authorities in carrying out the purposes and provisions of this Chapter.

(7) To increase the availability, from both public and private sector sources, of financing for the purchase of dwellings and the financing for home improvements, repairs, and rehabilitation at rates and upon terms that are affordable to persons of low or moderate income; further, to increase the availability of sources of equity and other financing for the development and operation by local housing authorities and private sector entities of decent, safe, and sanitary rental housing that is affordable to persons of low and moderate income.

(8) In carrying out the foregoing purposes, to vest in local housing authorities the maximum feasible responsibility, authority, and discretion. Except where clearly prohibited by applicable law, such authorities shall also possess the powers and legal prerogatives of private sector entities.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:973.1 — LA Code / Code revised-statutes / Title 40 / Section 973.1
Louisiana Board of Pharmacy; criminal history record information
Status: in_force

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

(1) "Applicant" means an individual who has applied to the board for the issuance or reinstatement of any controlled dangerous substance license that the board is authorized by law to issue.

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

(3) "Bureau" means the Louisiana Bureau of Criminal Identification and Information.

(4) "Criminal history record" or "criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, correctional supervision, and release. The terms do not include information gathered or collected for intelligence or investigatory purposes, nor do the terms include any identification information which does not indicate involvement of the individual in the criminal justice system.

(5) "FBI" means the Federal Bureau of Investigation of the United States Department of Justice.

(6) "Licensure" means any controlled dangerous substance license that the board is authorized to issue.

B. In addition to any other requirement established by rule, the board may require an applicant who is not in possession of a valid and verifiable license or other credential from a standing professional board of the state of Louisiana or from the Louisiana Department of Health, bureau of health services financing, health standards, or their successors, to do the following as a condition for eligibility for licensure:

(1) Submit fingerprints and other identifying information to the board.

(2) Permit the board to request and obtain state and national criminal history record information on the applicant.

C.(1) The costs of providing the information required under this Section shall be charged by the bureau, as specified in R.S. 15:587, to the board including any additional costs of providing the national criminal history records check for information that pertains to the applicant.

(2) The board may impose any or all of such fees or costs on the applicant.

D. Upon request by the board and upon the board's submission of an applicant's fingerprints and other identifying information as may be required, the bureau shall conduct a search of its criminal history record information relative to the applicant and report the results of its search to the board within sixty days from receipt of such request. Pursuant to R.S. 15:587, the bureau may charge the board a processing fee.

E. If the criminal history record information reported by the bureau to the board does not provide grounds for disqualification of the applicant for licensure by the board, the board may forward the applicant's fingerprints and other identifying information as may be required to the FBI with a request for a search of national criminal history record information relative to the applicant.

F. Any state or national criminal history record information that is obtained by the board from the bureau or FBI and that is not already a matter of public record shall not be public record and shall be confidential, restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant's eligibility or ineligibility for licensure. No information or record related to the state or national criminal history record information of an applicant shall be released or otherwise disclosed to any other person or agency, except with the written consent of the applicant or by an order of a court of competent jurisdiction.

Acts 2019, No. 219, §1.
La. Rev. Stat. § 40:2120.46 — LA Code / Code revised-statutes / Title 40 / Section 2120.46
Operation without license; penalty
Status: in_force

A. An adult day health care provider shall not operate without a license issued by the department. Any such provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than one hundred nor more than five hundred dollars for each such offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement.

B. If an adult day health care provider is operating without a license issued by the department, the department shall have the authority to issue an immediate cease and desist order to that provider. Any such provider receiving such a cease and desist order from the department shall immediately cease operation until such time as that provider is issued a license by the department.

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

Acts 2006, No. 637, §1, eff. June 23, 2006.
La. Rev. Stat. § 40:1160.1 — LA Code / Code revised-statutes / Title 40 / Section 1160.1
Title
Status: in_force

This Subpart shall be known and may be cited as the "Consent to Medical Examinations Act".

Acts 2020, No. 269, §1.
La. Rev. Stat. § 40:1664.13 — LA Code / Code revised-statutes / Title 40 / Section 1664.13
Notice, hearing, and revocation of certificate or license
Status: in_force

The license as provided for in this Subpart may be revoked or suspended after notice and hearing in accordance with the Administrative Procedure Act and upon a finding that a person or firm:

(1) Willfully violated any provision of this Subpart or any rule, regulation, or order adopted hereunder.

(2) Used deceit or false or misleading information in obtaining any certificate or license pursuant to this Subpart.

(3) Has been professionally incompetent or grossly negligent.

(4) Has assisted any person attempting to evade the provisions of this Subpart, or any rules or regulations adopted hereunder.

Acts 2006, No. 307, §2, eff. Jan. 1, 2007.
La. Rev. Stat. § 40:600.104 — LA Code / Code revised-statutes / Title 40 / Section 600.104
Accounts and audits
Status: in_force

A. Subject to the provisions of any contract with the holders of its bonds, the corporation shall establish a system of accounts.

B. The legislative auditor shall prepare an annual audit of the accounts and operations of the corporation.

C. The corporation shall submit to the governor and to both houses of the legislature an annual report on the operations of the corporation. It also shall submit to them a copy of the report of every audit of the books and accounts of the corporation, within sixty days from the receipt thereof by the corporation.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:1295.5 — LA Code / Code revised-statutes / Title 40 / Section 1295.5
Termination
Status: in_force

The provisions of this Part shall terminate on January 1, 2022, and thereafter shall be null, void, and without effect.

Acts 2015, No. 55, §§1, 2, eff. June 5, 2015.
La. Rev. Stat. § 40:2701 — LA Code / Code revised-statutes / Title 40 / Section 2701
Short title
Status: in_force

This Chapter may be cited as the "Tanning Facility Regulation Act".

Acts 1990, No. 587, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:1496.3 — LA Code / Code revised-statutes / Title 40 / Section 1496.3
Calcasieu Parish Ward Seven Fire Protection District Number One
Status: in_force

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

Added by Acts 1979, No. 217, §1. Amended by Acts 1980, No. 581, §1.
La. Rev. Stat. § 40:1749.15 — LA Code / Code revised-statutes / Title 40 / Section 1749.15
Emergency excavation; notice required; penalty
Status: in_force

A. The notice required pursuant to R.S. 40:1749.13 shall not apply to any person conducting an emergency excavation. Oral or electronic notice of the emergency excavation shall be given as soon as practicable to the regional notification center or each operator having underground utilities and facilities located in the area and, if necessary, emergency assistance shall be requested from each operator in locating and providing immediate protection to its underground utilities and facilities.

B. The excavator shall certify in the notice required in Subsection A of this Section that the situation poses an imminent threat or danger to life, health, or property or is the result of an unplanned utility outage and requires immediate action and that the excavator, owner, or operator has personnel on site.

C. There is a rebuttable presumption that the excavator failed to give notice as required pursuant to this Section if the excavator failed to give any notice to the regional notification center within the following time periods:

(1) Within two hours from the discovery of the need for an emergency excavation.

(2) In the case of a gubernatorially declared state of emergency due to a weather or homeland security-related event, within twelve hours of the beginning of the emergency excavation within the parishes to which the emergency declaration applies.

(3) In the case of a wildfire, within twenty-four hours after control of the emergency.

D. The owner or operator of the underground utilities, facilities, or submerged infrastructure shall respond to an emergency notice as soon as practicable under the circumstances.

E. Emergency excavation notices are valid for as long as the emergency situation exists. The type of work and location shall remain consistent with the work described in the emergency excavation notice. If the type of work and location become inconsistent with the emergency excavation notice, then a new excavation notice is required.

Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2011, No. 38, §1, eff. Oct. 1, 2011; Acts 2012, No. 103, §1; Acts 2022, No. 52, §1; Acts 2024, No. 75, §1, eff. Jan. 1, 2025.
La. Rev. Stat. § 40:1850 — LA Code / Code revised-statutes / Title 40 / Section 1850
Penalties
Status: in_force

Any person, or the managing head of any firm or partnership, or the officer or employee of any corporation having direct control of such operation, who stores, sells, or transports over the public highways of Louisiana any liquefied petroleum gases without having first obtained the permit, and obtained the insurance required by this Part, or who installs any tank or system for the use of liquefied petroleum gases without having obtained such permit, and obtained such insurance, or who installs any liquefied petroleum gas appliance without having obtained such permit, and obtained such insurance, or who violates the requirements of R.S. 40:1849(B), shall be guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall pay a fine of not more than one thousand dollars or be imprisoned in the parish jail for not more than sixty days, or both. This Section shall not apply to any of the aforesaid acts or operations which by law are placed beyond the regulatory powers of the Liquefied Petroleum Gas Commission.

Acts 1950, No. 63, §1. Amended by Acts 1977, No. 688, §1, eff. July 25, 1977; Acts 1999, No. 584, §1.
La. Rev. Stat. § 40:2010.5 — LA Code / Code revised-statutes / Title 40 / Section 2010.5
Confidentiality of records; liability
Status: in_force

The ombudsman and any agency that receives information from the ombudsman shall maintain as confidential all matters relating to any inquiry or referral, including the identities of the residents, unless the resident or a legal representative consents in writing to the disclosure or unless ordered by a court to do so.

Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.
La. Rev. Stat. § 40:1021 — LA Code / Code revised-statutes / Title 40 / Section 1021
Definitions
Status: in_force

A. As used in this Part, unless the context clearly otherwise indicates, the term "drug paraphernalia" means and includes but is not limited to:

(1) All equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Dangerous Substances Law, as scheduled in R.S. 40:964.

(2) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

(3) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(4) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

(5) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances.

(6) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.

(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.

(b) Water pipes.

(c) Carburetion tubes and devices.

(d) Smoking and carburetion masks.

(e) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

(f) Miniature cocaine spoons, and cocaine vials.

(g) Chamber pipes.

(h) Carburetor pipes.

(i) Electric pipes.

(j) Air-driven pipes.

(k) Chillums.

(l) Bongs.

(m) Ice pipes or chillers.

B. Notwithstanding any provision of law to the contrary, the term "drug paraphernalia" shall not include rapid fentanyl test strips (FTS) or any testing equipment or devices solely used, intended for use, or designed to determine whether a substance contains any controlled dangerous substance or chemical compound that can cause physical harm or death, provided that the testing equipment is not used to facilitate the manufacture or distribution of any controlled substance in violation of R.S. 40:961 et seq.

C. Notwithstanding any other provision of law to the contrary, the term "drug paraphernalia" shall not include any equipment or devices solely used or intended for use for the inhalation of raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols when the person is a patient of a state-sponsored medical marijuana program and possesses medical marijuana in a form permissible under R.S. 40:1046 for therapeutic use.

Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2022, No. 137, §1; Acts 2022, No. 271, §4; Acts 2022, No. 499, §1; Acts 2025, No. 102, §1, eff. June 8, 2025.
La. Rev. Stat. § 40:685 — LA Code / Code revised-statutes / Title 40 / Section 685
Sterilization certificate as license for use of containers
Status: in_force

If the purchaser or transferee of containers covered by this Part shows a certificate of sterilization signed by a duly qualified licensee, he is duly licensed under the provisions of this Part. No purchaser or transferee shall use any containers covered by this Part without a certificate, except as hereafter provided.
La. Rev. Stat. § 40:2162 — LA Code / Code revised-statutes / Title 40 / Section 2162
Specialized behavioral health rehabilitation services in the Louisiana medical assistance program
Status: in_force

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

(1) "Behavioral health services provider" means a health care provider as defined in R.S. 40:2153.

(2) "CMS" means the Centers for Medicare and Medicaid Services.

(3) "Community psychiatric support and treatment services", hereinafter referred to as "CPST" services, means CMS-approved Medicaid mental health rehabilitation services designed to reduce disability from mental illness, restore functional skills of daily living, build natural supports, and achieve identified person-centered goals or objectives through counseling, clinical psycho-education, and ongoing monitoring needs as set forth in an individualized treatment plan.

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

(5) "Louisiana medical assistance program" means the Louisiana Medicaid program.

(6) "Preliminary accreditation" means accreditation granted by an accrediting body to an unaccredited program seeking full accreditation status.

(7) "Psychosocial rehabilitation services", hereinafter referred to as "PSR" services, means CMS-approved Medicaid mental health rehabilitation services designed to assist the individual with compensating for or eliminating functional deficits and interpersonal or environmental barriers associated with mental illness through skill building and supportive interventions to restore and rehabilitate social and interpersonal skills and daily living skills.

B. Medicaid reimbursement to behavioral health services providers that provide PSR and CPST services in the Medicaid specialized behavioral health rehabilitation services program shall comply with the requirements of this Section, subject to any required CMS approval.

C. In order to be eligible to receive Medicaid reimbursement, all behavioral health services providers providing PSR or CPST services to Medicaid recipients shall meet all of the following requirements:

(1) Be licensed as a behavioral health services provider agency.

(2) Be accredited by a department-approved accrediting organization and meet the following conditions:

(a) The behavioral health services provider shall show proof of full accreditation or obtain preliminary accreditation prior to being contracted with a Medicaid managed care organization.

(b) The behavioral health services provider shall maintain proof of full accreditation or proof of preliminary accreditation.

(c) Repealed by Acts 2022, No. 503, §2, eff. Jan. 1, 2023.

(d) The behavioral health services provider shall maintain continuous full or preliminary accreditation.

(e) The cost of attaining and maintaining accreditation is the responsibility of the behavioral health services provider.

(f) The behavioral health services provider shall report any loss of accreditation, suspension of accreditation, reduction to a preliminary accreditation status, or any other action that could result in the loss of accreditation, to each managed care organization with which it is contracted, within twenty-four hours of receipt of notification from the accreditation body.

(3) Have a National Provider Identification number, hereinafter referred to as "NPI". The behavioral health services provider agency shall include its NPI number and the NPI number of the individual rendering the PSR or CPST services on its behalf on all claims for Medicaid reimbursement submitted for PSR or CPST services.

(4) Implement a member choice form to be signed by each recipient, or the legal guardian or representative of the recipient, receiving PSR or CPST in order to prevent or reduce duplication of services.

(5) Be credentialed and in the provider network of the managed care organization that the provider intends to submit claims for Medicaid services, unless the managed care organization has a single case agreement with a licensed and accredited provider agency not in its network.

(6) Meet any other requirements promulgated through rulemaking by the department to ensure the quality and effectiveness of services.

D. In order to be eligible to receive Medicaid reimbursement, all behavioral health services providers shall ensure that any individual rendering PSR or CPST services for the licensed and accredited provider agency meets all of the following requirements:

(1) The individual rendering the PSR or CPST services for the licensed and accredited provider agency shall have an individual NPI number and that NPI number shall be included on any claim by that provider agency for reimbursement related to such services.

(2)(a) Any individual rendering PSR services for a licensed and accredited provider agency shall hold a minimum of one of the following:

(i) A bachelor's degree from an accredited university or college in the field of counseling, social work, psychology, sociology, rehabilitation services, special education, early childhood education, secondary education, family and consumer sciences, criminal justice, or human growth and development.

(ii) Any bachelor's degree from an accredited university or college with a minor in counseling, social work, sociology, or psychology.

(b) Any individual rendering PSR services who does not possess the minimum educational requirements provided for in this Paragraph, but who met all provider qualifications in effect prior to July 1, 2018, may continue to provide PSR services for any licensed and accredited provider agency.

(c) Any individual rendering the assessment and treatment planning components of CPST services for a licensed and accredited provider agency shall be a fully licensed mental health professional.

(d) Any individual rendering any of the other components of CPST services for a licensed and accredited provider agency shall be a fully licensed mental health professional, a provisionally licensed professional counselor, a provisionally licensed marriage and family therapist, a licensed master social worker, a certified social worker, a psychology intern from an American Psychological Association approved internship program, or an individual issued a limited scope license pursuant to R.S. 37:2724(B)(2).

(3)(a) The individual rendering PSR or CPST services for the licensed and accredited provider agency shall meet all other requirements set forth in Medicaid rules, regulations, provider manuals, and policies.

(b) The department shall commence any actions that are required to amend any existing department rule or regulation that is in conflict with the requirements of this Section, including but not limited to any required approval by CMS.

E. The department shall maintain a facility need review program for behavioral health services providers that provide PSR or CPST services. No facility need review approval for a license to provide PSR or CPST services shall be granted to any applicant unless the department determines that the evidence and data submitted by the applicant establishes the probability of serious, adverse consequences to recipients' ability to access services if the provider is not allowed to seek licensure.

F.(1) In order to be eligible to receive Medicaid reimbursement, each behavioral health services provider that provides PSR or CPST services shall employ at least one full-time physician, or full-time licensed mental health professional as defined in R.S. 40:2153(7)(a), (b), (c), (d), (e), or (g), to serve as a full-time mental health supervisor to assist in the design and evaluation of treatment plans for PSR and CPST services. For the purposes of this Section the term "full-time" shall mean employment by the behavioral health services provider for at least thirty-five hours per week.

(2) Each unlicensed individual rendering PSR or CPST services for the licensed and accredited behavioral health services provider agency shall be required to receive at least one hour per calendar month of personal supervision and training by the provider agency's mental health supervisor.

G. The department shall implement a centralized credentialing verification organization, hereinafter referred to as "CVO", for the Medicaid specialized behavioral health rehabilitation services program. The CVO shall be certified as a CVO by the National Committee for Quality Assurance, hereinafter referred to as "NCQA". The CVO shall perform agency provider credentialing that meets the following criteria:

(1) NCQA standards.

(2) Verification of agency license.

(3) Verification of agency accreditation.

(4) Any additional requirements imposed by the department for becoming a Medicaid provider reimbursed under the Medicaid specialized behavioral health rehabilitation services program.

H.(1) The Medicaid managed care organizations shall take appropriate actions to recoup Medicaid payments or funds from any behavioral health services provider that renders Medicaid services in violation of the provision of this Section.

(2) The department may refer noncompliant behavioral health services providers to the Louisiana Medicaid Fraud Control Unit within the Louisiana attorney general's office for further fraud investigation.

I. The department may promulgate any rules pursuant to the Administrative Procedure Act and may publish any Medicaid manuals or Medicaid policy to implement and enforce the provisions of this Section.

J. The legislative auditor may conduct performance audits of the department to ensure compliance with the provisions of this Section.

K. The department shall not take any final action that will result in the elimination or reduction of PSR or CPST services unless the action is affirmatively approved by the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

L. The department and the Medicaid managed care organizations shall take appropriate actions to ensure that recipients of CPST and PSR services are authorized to receive customized treatment based on the medical necessity of the recipients.

Acts 2018, No. 582, §1, eff. May 31, 2018; Acts 2021, No. 204, §1, eff. Jan. 1, 2022; Acts 2021, No. 433, §1; Acts 2022, No. 503, §§1, 2, eff. Jan. 1, 2023; Acts 2025, No. 431, §2, eff. June 20, 2025.
La. Rev. Stat. § 40:2161 — LA Code / Code revised-statutes / Title 40 / Section 2161
Drug free zone; notice; signs
Status: in_force

A. A drug free zone is an area inclusive of any property used as a behavioral health services provider that has a substance abuse/addiction treatment module, or within two thousand feet of such property.

B. The local governing authority which has jurisdiction over zoning matters in which each drug free zone is located shall publish a map clearly indicating the boundaries of each drug free zone in accordance with the specifications in Subsection A of this Section. The drug free zone map shall be made on an official public document and placed with the clerk of court for the parish or parishes in which the drug free zone is located.

C.(1) The secretary of the Louisiana Department of Health shall develop a method by which to mark drug free zones, including the use of signs or other markings suitable to the situation. Signs or other markings shall be located in a visible manner on or near each behavioral health services provider that has a substance abuse/addiction treatment module, indicating that the area is a drug free zone, that the zone extends for a distance of two thousand feet, and that a felony violation of the Uniform Controlled Dangerous Substances Law will subject the offender to severe penalties under law. The posting required in this Subsection is the responsibility and at the expense of the licensed provider.

(2) The Department of Public Safety and Corrections shall coordinate and provide rules for the establishment of toll free telephone numbers for use in submitting anonymous information regarding drug activity to local law enforcement agencies. The telephone numbers shall be displayed on the drug free zone signs that shall be manufactured in correctional institutions subject to the office of corrections in the Department of Public Safety and Corrections.

D.(1) It shall be unlawful for any person to cover, remove, deface, alter, or destroy any sign or other marking identifying a drug free zone as provided in this Section.

(2) Any violation of this Subsection shall be punishable by a fine of not more than one thousand dollars or by a jail sentence of not more than six months, or both.

Acts 2013, No. 308, §1, eff. June 17, 2013; Acts 2014, No. 791, §14.
La. Rev. Stat. § 40:1071.3 — LA Code / Code revised-statutes / Title 40 / Section 1071.3
Program functions and responsibilities
Status: in_force

The secretary of the department shall develop and administer the program for combating multiple handicapping conditions, which shall:

(1) Provide for the oversight of the regional multidisciplinary teams established pursuant to R.S. 40:1071.4, the coordination of statewide care, and which shall serve as an avenue for communication among the teams.

(2) Collect and disseminate information concerning the latest proven advances in treatment methods for spinal cord dysfunctions.

(3) Work with all appropriate agencies, organizations, and individuals throughout the state to develop a fully integrated statewide network of coordinated services for persons with spinal cord disabilities, providing for all needed services, including but not limited to early detection, all phases of emergency care, habilitation, rehabilitation, and follow-up care.

(4) Identify all possible and existing funding sources and other resources for each service identified in the treatment plan for an individual for which he may be eligible and assist such individual in obtaining the necessary funds from existing sources.

(5) Assist appropriate public and private agencies and individuals in development of proposals for submission to the proper authorities for obtaining all available federal, state, and private monies which could be applied towards the objectives of the program.

(6) Develop and implement a system for the early identification of persons with congenital spinal cord disabilities and for referral of such persons for assistance, including establishment of a voluntary central registry of such persons; and develop and implement a system for the early identification of persons with acquired spinal cord disabilities, for the referral of such persons for assistance, and for the mandatory reporting of spinal cord injuries to a central registry without regard to the age of the injured person.

(7) Develop standards for determining financial eligibility for assistance in defraying the cost of care and treatment of spinal cord dysfunctions.

(8) Inform parents of children with spinal cord disabilities, citizens, families, and agencies of the availability of programs and services.

(9) Identify and cooperate with existing agencies, organizations, and individuals offering services to persons with spinal cord disabilities.

(10) Identify service needs which cannot be adequately met by existing agencies.

(11) Repealed by Acts 1993, No. 468, §2, eff. June 9, 1993.

Added by Acts 1981, No. 690, §2; Acts 1985, No. 343, §1, eff. July 9, 1985; Acts 1993, No. 468, §2, eff. June 9, 1993; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.114 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2208 — LA Code / Code revised-statutes / Title 40 / Section 2208
Interpreter services for the deaf and hard of hearing; expenses; coverage
Status: in_force

As a requirement for authorization to do business in this state pursuant to R.S. 40:2203, all preferred provider organizations shall provide coverage for expenses incurred by any covered patient who is deaf or hard of hearing for services performed by a qualified interpreter/translator, other than a family member of the covered patient, when such services are used by the covered patient in connection with medical treatment or diagnostic consultations performed by the healthcare provider.

Acts 1997, No. 1313, §2; Acts 2017, No. 146, §8.
La. Rev. Stat. § 40:1281.22 — LA Code / Code revised-statutes / Title 40 / Section 1281.22
Sewage discharges; prohibitions; penalties
Status: in_force

A. No person shall cause or allow to be discharged untreated or improperly treated sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage basins, and into all estuaries, streams, and water courses within the state which empty or drain into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage basins, in contravention of any of the rules or regulations authorized and adopted pursuant to R.S. 40:1281.21.

B.(1) When an inspection discloses a violation of this Section, the state health officer or his duly authorized representative shall notify the responsible party of the violation and give them an opportunity to correct the noted deficiencies. If upon reinspection, the violation is noted to still exist, the state health officer is hereby authorized, in accordance with the Administrative Procedure Act, to issue a civil compliance order directing the responsible party to correct the violations noted and/or impose a fine of one hundred dollars per day for each day the violation has not been corrected, not to exceed ten thousand dollars. If a fine is imposed, the fine shall commence on the day following the date specified for compliance in the civil compliance order issued by the state health officer.

(2) All fines imposed under this Section shall be payable to the office of public health of the Louisiana Department of Health.

(3) In accordance with the Administrative Procedure Act, the aggrieved party, following a hearing and orders issued pursuant thereto, may petition a district court for judicial review of the administrative proceeding.

(4) If a civil action is necessary to recover fines imposed in this Section, the offender shall be liable for the amount of the fine, legal interest from the date of assessment, and all costs of recovery, including reasonable attorney fees and court costs. It shall be the duty of the Bureau of Legal Services of the Louisiana Department of Health to initiate all civil action in recovering said fines.

Acts 1991, No. 300, §1; Acts 1993, No. 681, §1; Acts 1999, No. 289, §2; Redesignated from R.S. 40:1153 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1060.15 — LA Code / Code revised-statutes / Title 40 / Section 1060.15
Obtaining legend drugs by misrepresentation or fraud; penalties
Status: in_force

A. It shall be unlawful for any person knowingly or intentionally to acquire or obtain possession of a legend drug by misrepresentation, fraud, forgery, deception or subterfuge.

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

Acts 2006, No. 565, §1; Redesignated from R.S. 40:1238.3 by HCR 84 of 2015 R.S.; Acts 2018, No. 203, §1.
La. Rev. Stat. § 40:1213.4 — LA Code / Code revised-statutes / Title 40 / Section 1213.4
Penalty
Status: in_force

Whoever violates the provisions of the Part shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both. For each subsequent offense, the violator shall be fined not more than one thousand dollars, imprisoned not more than one year, or both.

Acts 1991, No. 411, §1; Redesignated from R.S. 40:1299.194 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:418 — LA Code / Code revised-statutes / Title 40 / Section 418
Notification of mayor of adoption of consolidated authority
Status: in_force

When the governing body of a municipality adopts a resolution declaring that there is a need within it for a consolidated housing authority, it shall promptly notify the mayor of the municipality of that adoption.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:46.4 — LA Code / Code revised-statutes / Title 40 / Section 46.4
Change of paternal filiation; disavowal of paternity or three-party acknowledgment
Status: in_force

A. If the surname of the child, the name of the father of the child, or other information pertaining to the father as it was entered on the birth certificate was that of the man who was presumed to be the father of the child under Civil Code Article 185, 186, or 195, and if the man or his successor obtains a final and definitive judgment disavowing paternity of the child or the parties execute the three-party acknowledgment provided in Civil Code Article 190.1, the state registrar, upon receipt of a certified copy of that judgment or of the three-party acknowledgment and certified report of blood or tissue sampling which indicates by a ninety-nine and nine-tenths percentage point threshold probability that the biological father is the father of the child, shall amend the birth certificate as follows:

(1) Strikethroughs: Strike through the surname of the child, the name of the father of the child, and all other information pertaining to him, in particular, his age, race, ethnicity, residence, birthplace, and social security number.

(2) Additions:

(a) If the judgment of disavowal does not trigger the presumption of paternity established in the first sentence of the second paragraph of Civil Code Article 186, the state registrar shall amend the birth certificate as follows: for the surname of the child, enter the maiden name or surname of the mother of the child, at her discretion.

(b) If the judgment of disavowal triggers the presumption of paternity established in the first sentence of the second paragraph of Civil Code Article 186, the state registrar shall amend the birth certificate as follows:

(i) For the surname of the child, enter either that of the second husband of the mother of the child or, if both he and the mother agree, her maiden name or surname or a combination of his surname and her maiden name or surname.

(ii) For the name of the father of the child, his age, race, ethnicity, residence, birthplace, and social security number, enter those of the second husband of the mother.

(c) If the state registrar receives the three-party acknowledgment provided in R.S. 40:34.5.1, the state registrar shall amend the birth certificate as follows:

(i) For the surname of the child, enter the maiden name or surname of the mother, at her discretion. However, if the biological father and the mother agree, the state registrar shall enter as the surname of the child the maiden name or surname of the mother, the surname of the biological father, or a combination of the surname of the biological father and the maiden name or surname of the mother.

(ii) For the name of the father of the child, his race, ethnicity, residence, birthplace, and social security number, enter those of the biological father.

B. Upon the petition of the mother of the child, a court may, for good cause shown, order the state registrar to enter, as the surname of the child, the maiden name or surname of the mother or a combination of the surname of the man whose surname should otherwise be given to the child under Subparagraph (A)(2)(b) of this Section and the maiden name or surname of the mother, whichever she may choose, even if that man does not concur.

Acts 2016, No. 434, §3; Acts 2018, No. 21, §1, eff. May 7, 2018.
La. Rev. Stat. § 40:1105.8.1 — LA Code / Code revised-statutes / Title 40 / Section 1105.8.1
Louisiana Tumor Registry; research committee; disclosure of registry data
Status: in_force

A. The Louisiana Tumor Registry, referred to hereafter in this Section as the "tumor registry", shall provide diagnostic, treatment, and follow-up information concerning a patient, if requested, to a physician or medical facility diagnosing or treating the case as authorized pursuant to 45 CFR 164.506.

B.(1) The tumor registry shall collaborate with the National Cancer Institute, the United States Centers for Disease Control and Prevention, the North American Association of Central Cancer Registries, the International Agency for Research on Cancer, and any other national or international cancer surveillance program it may designate in providing cancer data and participating in cancer studies.

(2) The tumor registry shall cooperate with the office of public health of the Louisiana Department of Health, referred to hereafter in this Section as the "office of public health", in evaluating programs and investigating cancer concerns and other cancer-related issues through activities including, without limitation, cooperating with the office of public health in implementing the program of cancer investigation and intervention provided for in R.S. 40:5.12. Because the tumor registry data are an integral part of national and state cancer prevention and control programs, the use of registry data by office of public health officials and registry-designated national cancer surveillance programs shall be considered an in-house activity and shall be processed expeditiously.

(3) Requests by the office of public health for case-specific data shall require annual approval by the institutional review board of the Louisiana State University Health Sciences Center-New Orleans, referred to hereafter in this Section as the "LSUHSC-New Orleans". Additionally, the office of public health shall comply with all applicable confidentiality standards of the tumor registry.

C.(1) Subject to the limitations of Subsection F of this Section, the tumor registry shall release case-specific data to persons or organizations for the purposes of cancer prevention, control, and research in accordance with Paragraph (2) of this Subsection. However, no such data shall include information collected for special studies or other research projects. The tumor registry shall have and shall reserve the right to prioritize its responses to data requests.

(2) Requests from persons or organizations for case-specific tumor registry incidence data, including data linkages, shall be submitted in writing and shall be reviewed and approved by the tumor registry research committee following the established policies of the registry. These policies shall require, without limitation, all of the following:

(a) Approval from the LSUHSC-New Orleans institutional review board and compliance with the LSUHSC-New Orleans HIPAA research policy.

(b) Approval from the researcher's institutional review board and compliance with that institution's HIPAA research policy.

(c) Execution of the tumor registry's form entitled "Agreement to Maintain Confidentiality of Data", or any successor form, by each investigator who will have access to the data indicating agreement by the investigator to adhere to the tumor registry confidentiality provisions and prohibiting the disclosure of tumor registry data in any civil, criminal, administrative, or other proceeding.

(d) Provision of a copy of the complete protocol for the project.

(e) Completion of all requirements provided in the document entitled "Louisiana Tumor Registry: Researchers' Requests for Data", or any successor document.

(f) Prior to contacting a patient or his next of kin, notification to the patient's physician, if required.

(g) Destruction or return of data once the research is completed.

(3) If a request for data submitted in accordance with the provisions of this Subsection is denied by the LSUHSC-New Orleans institutional review board, the institutional review board shall provide to the requestor notice in writing of the reason for the denial electronically or by postal mail.

D.(1) The director of the tumor registry or his designee shall coordinate the research committee of the tumor registry. The research committee shall include, without limitation, the following members:

(a) The director of the tumor registry.

(b) A qualified representative selected from each of the following entities:

(i) The LSUHSC-New Orleans.

(ii) The office of public health.

(iii) The Louisiana Cancer Advisory Board.

(2) The research committee shall verify that the researchers are able to execute the proposal, in terms of both financial support and professional qualifications; that the study has scientific and ethical merit; and that the researchers will obtain appropriate consent.

E.(1) In determining the order of processing requests for data, the tumor registry shall give priority to requests for data from the office of public health for use in responding to concerns about threats to the public health.

(2) Subject to the provisions of the Public Records Law, R.S. 44:1 et seq., the tumor registry shall process requests for aggregate data other than those provided for in Paragraph (1) of this Subsection in the order of receipt. The tumor registry shall respond to any public request in a timely manner, as resources permit, if the request meets the applicable requirements of R.S. 40:3.1 and 1105.8.

(3) The tumor registry may assess a charge to a requestor of data for actual costs of compiling and providing the data, and may require payment before proceeding to fulfill the data request.

(4) The tumor registry shall not be required in any instance to perform original work to create data not currently in existence.

F.(1) The tumor registry shall not release data in cases in which such data would disclose the identity of any person to whom the data relate and thus violate the requirements of the Health Insurance Portability and Accountability Act relating to uses and disclosure of protected health information (45 CFR 164.514). In such situations, the tumor registry may combine more years of cancer data together at the census tract level or suppress the data according to the suppression rule of the United States Cancer Statistics program.

(2) In considering for approval or denial a request for aggregate data, the research committee of the tumor registry shall determine whether the request complies with applicable state and federal laws relating to privacy of health information. If the research committee finds that disclosure of data in response to the request would violate any such law, then the committee shall collaborate with the requestor to revise the request in order to preclude such violation.

(3) In collaborating with a requestor as provided in Paragraph (2) of this Subsection, the research committee shall employ methods for de-identifying case-specific data as defined by the United States Centers for Disease Control and Prevention and any other de-identification or statistical methods for disclosure protection.

(4) The research committee of the tumor registry shall not deny any request for aggregate data for any reason that is unrelated to compliance with state or federal privacy laws.

G. The tumor registry shall annually prepare a statistical report concerning cancer rates and counts which includes data at the census tract level and shall submit the report to the office of the president for inclusion with the annual cancer report required by R.S. 40:1105.10. The tumor registry shall also provide the statistical report required by this Subsection to the Louisiana State University Health Sciences Center at New Orleans, the Louisiana State University Health Sciences Center at Shreveport, the Louisiana Cancer Advisory Board, and each participating hospital.

Acts 2017, No. 373, §1; Acts 2018, No. 206, §4; Acts 2024, No. 404, §1, eff. May 28, 2024.
La. Rev. Stat. § 40:2120.5 — LA Code / Code revised-statutes / Title 40 / Section 2120.5
License issuance; application; onsite inspection
Status: in_force

A. Each application for licensure of a home- and community-based service provider shall be submitted to the department on forms provided by the 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 licensure and application for renewal of licensure shall be accompanied by a nonrefundable license fee in the amount set by the licensing agency in accordance with R.S. 40:2120.4.

C.(1) Following receipt of the completed application and licensing fee, the licensing agency shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the licensing agency finds that the facility or provider meets the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued.

(2) The licensing agency shall work to ensure that surveys are coordinated to the greatest extent possible with other state regulatory agencies in order to reduce duplication of effort on the part of the state, as well as the regulated provider. This provision shall not apply to complaint investigations.

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

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

Acts 2005, No. 483, §1, eff. July 12, 2005; Acts 2008, No. 839, §3, eff. July 8, 2008; Acts 2011, No. 299, §2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:74 — LA Code / Code revised-statutes / Title 40 / Section 74
Report of annulments of adoption
Status: in_force

The clerk of court shall prepare, within ten days after the decree becomes final, from the court records, a certificate of every decree of annulment of adoption on forms furnished by the state registrar. On or before the fifteenth day of each month, the clerk shall forward the certificates prepared by him during the preceding calendar month to the state registrar.

Upon receipt of a court order of annulment of an adoption registered in his office, the state registrar shall restore the original certificate to its original place in the files.

Acts 1979, No. 776, §1.
La. Rev. Stat. § 40:1730.43 — LA Code / Code revised-statutes / Title 40 / Section 1730.43
Purpose
Status: in_force

It is the intent and purpose of this Part to institute minimum energy conservation standards for new construction and all applicable alterations and repairs of state-owned and state-funded buildings within Louisiana.

Acts 2005, No. 91, §1, eff. June 21, 2005; Acts 2022, No. 635, §1.
La. Rev. Stat. § 40:2017.11 — LA Code / Code revised-statutes / Title 40 / Section 2017.11
Fees for review of plans
Status: in_force

There shall be a charge of five dollars per page for all plans or specifications for hospitals, ambulatory surgical centers, nursing homes, and group or community homes or other residential living options which are submitted for review to the Department of Public Safety and Corrections, office of state fire marshal, or its designee pursuant to rules promulgated in accordance with the Administrative Procedure Act. There shall be a minimum charge of twenty-five dollars and a maximum charge of three hundred dollars, plus a postage and handling fee of ten dollars. Such costs shall be paid prior to review by the owner of the project for which the review is requested.

Acts 1986, No. 484, §1; Acts 1992, No. 848, §1; Acts 2003, No. 430, §1; Acts 2012, No. 745, §1, eff. June 12, 2012.
La. Rev. Stat. § 40:2009.16 — LA Code / Code revised-statutes / Title 40 / Section 2009.16
Hearing
Status: in_force

A.(1) An informal reconsideration shall constitute final action by the department except in those complaints in which the health standards section of the bureau of health services financing determines that the complaint concerns a consumer in a facility and involves issues that have resulted or are likely to result in serious harm or death to the consumer. In those complaints involving the issues of serious harm or death, as determined by the health standards section, the complainant or the provider may appeal the informal reconsideration finding to the division of administrative law. All appeals and hearings shall conform with the Administrative Procedure Act and rules established by the department and the division of administrative law.

(2) For purposes of this Section, "serious harm" is an incident which involves unconsciousness; physical pain evidenced by objective findings; disfigurement; loss or impairment of the function of a body member, organ, or mental faculty; or severe emotional distress.

B. The hearing by the division of administrative law shall be limited to the evidence presented at the informal reconsideration unless the complainant or provider has obtained additional evidence important to the issues which he could not have with due diligence obtained before or during the informal reconsideration.

C. An administrative law judge shall make a determination on the appeal based on the evidence presented as to whether the investigation was conducted properly or improperly. If the administrative law judge determines that the investigation was not conducted properly, he shall designate in writing and with specificity the methods by which a reinvestigation shall be conducted. No appeal shall lie from a reinvestigation upon a prima facie showing that the reinvestigation was conducted in accordance with the designations of the administrative law judge.

Added by Acts 1978, No. 687, §2. Acts 1997, No. 1002, §1; Acts 2014, No. 812, §2, eff. June 23, 2014.
La. Rev. Stat. § 40:1160.4 — LA Code / Code revised-statutes / Title 40 / Section 1160.4
Requirement for examinations performed by learners
Status: in_force

A. Learners in a clinical setting, including but not limited to an operating room, when the patient is under general anesthesia, shall perform an examination for teaching purposes only when all of the following conditions are met:

(1) The examination is explicitly consented to by the patient.

(2) The examination is medically related to the planned or performed procedure.

(3) The examination is performed by a learner who has been recognized by the patient as a part of his care team.

(4) The examination is conducted under direct supervision by the educator.

B. Any violation of the provisions of this Section may constitute grounds for adverse action by the medical educational program for any learner and may constitute grounds for adverse licensure action by the appropriate professional licensing board for any licensed individual.

Acts 2020, No. 269, §1.
La. Rev. Stat. § 40:1121.9 — LA Code / Code revised-statutes / Title 40 / Section 1121.9
Sale of drug as cure or treatment
Status: in_force

No person shall sell any drug, medicine, or preparation advertised, called for, or labeled as a cure or treatment of a venereal disease, except on written prescription of a licensed physician.

Redesignated from R.S. 40:1066 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1791 — LA Code / Code revised-statutes / Title 40 / Section 1791
Penalty
Status: in_force

Upon the first violation of any provision of this Part the penalty shall be a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment with or without hard labor for not less than one nor more than five years. For any subsequent violation of this Part the penalty shall be a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment at hard labor for not less than five years nor more than ten years.

Amended by Acts 1975, No. 491, §1.
La. Rev. Stat. § 40:600.103 — LA Code / Code revised-statutes / Title 40 / Section 600.103
Bonds as legal investment and security for public deposits
Status: in_force

A. The state and all public officers, any parish or municipality, or other subdivision or instrumentality of the state, any bank, banker, trust company, savings bank and institution, building and loan association, savings and loan association, investment company or any person carrying on a banking or investment business, any insurance company or business, insurance associations and any person carrying on an insurance business, and any executor, administrator, curator, trustee, and other fiduciary, and retirement system or pension fund may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds issued by the corporation pursuant to the provisions of this Chapter, and such bonds shall be authorized security for all public deposits.

B. It is the purpose of this Section to authorize such persons, firms, corporations, associations, political subdivisions and officers, or other entities, public or private, to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds of the corporation, and that any such bonds shall be authorized security for all public deposits. However, nothing contained in this Section with regard to legal investments or security for public deposits shall be construed as relieving any such person, firm or corporation, or other entity from any duty of exercising reasonable care in selecting securities.

Acts 2011, No. 408, §1, eff. July 5, 2011.
La. Rev. Stat. § 40:600.73 — LA Code / Code revised-statutes / Title 40 / Section 600.73
Definitions
Status: in_force

For purposes of this Chapter, the following words and phrases shall have the following meanings:

(1) "Division of administration" means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950.

(2) "Road Home Corporation" means the nonprofit corporation authorized in Title 40 of the Louisiana Revised Statutes of 1950, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation shall be given by law.

(3) "Suitable housing strategy" means a plan for the acquisition of residential housing property to replace property or for the disposition, renovation or rehabilitation of either a residential housing property below minimum habitability standards or a blighted housing property prepared by the owner or other secured party that preserves the historic integrity of the residential building and restores such property to minimum habitability standards.

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

NOTE: Pursuant to Acts 2007, No. 383, §3, the provisions of this Section ceased to be effective on July 1, 2010.
La. Rev. Stat. § 40:2853 — LA Code / Code revised-statutes / Title 40 / Section 2853
Facilities providing housing or temporary residence to individuals referred by judicial agencies
Status: in_force

A. No facility including pretrial diversion facilities that provides housing or temporary residence for individuals who have been arrested for the commission of a crime who are referred by any judicial agency pursuant to this Chapter shall be located within one thousand feet of any school or child day care center property.

B.(1) In municipalities and unincorporated areas which are divided into subdivisions with streets, blocks, and sidewalks, this distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the school or day care center to the nearest point of the premises to be used to provide housing or temporary residence.

(2) Outside of municipalities and unincorporated areas which are not divided into subdivisions with streets, blocks, or sidewalks, the measurement of this distance shall be a straight line from the nearest point of the premises to provide housing or temporary residence to the nearest point of the school or day care center property.

C.(1) The prohibitions provided for in Subsection A of this Section shall not apply to any facility that provides housing or temporary residence which has been in operation for a year or longer prior to August 15, 2009.

(2) The subsequent construction, erection, development, or movement of a school or day care center which causes the facility providing housing or temporary residence to be located within the prohibited distance as provided for in Subsection A of this Section shall not be cause for a violation of the provisions of this Section.

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

(1) "Child day care center property" means property on which is located a facility licensed as a day care center under the provisions of the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401 et seq.) or licensed as a group child day care home under the provisions of the Child Care Registration Law (R.S. 46:1441 et seq.).

(2) "Premises" includes that land and any improvements thereon.

(3) "School property" means the property of any public elementary or secondary school or any nonpublic elementary or secondary school.

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

Acts 2009, No. 151, §2; Acts 2015, No. 447, §1.
La. Rev. Stat. § 40:963 — LA Code / Code revised-statutes / Title 40 / Section 963
Schedules of controlled dangerous substances
Status: in_force

There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in R.S. 40:964. In determining that a substance is to be added to these schedules, the secretary shall find the following:

A. As to Schedule I:

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

(2) The drug or other substance has no currently accepted medical use in treatment in the United States, and

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

B. As to Schedule II:

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

(2) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions, and

(3) Abuse of the drug or other substances may lead to severe psychological or physical dependence.

C. As to Schedule III:

(1) The drug or other substance has a potential for abuse less than the drugs or other substances listed in Schedules I and II.

(2) The drug or other substance has a currently accepted medical use in treatment in the United States, and

(3) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.

D. As to Schedule IV:

(1) The drug or other substance has a low potential for abuse relative to the drugs or other substances listed in Schedule III.

(2) The drug or other substance has a currently accepted medical use in treatment in the United States, and

(3) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances listed in Schedule III.

E. As to Schedule V:

(1) The drug or other substance has a low potential for abuse relative to the drugs or other substances listed in Schedule IV.

(2) The drug or other substance has a currently accepted medical use in treatment in the United States, and

(3) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances listed in Schedule IV.

Added by Acts 1972, No. 634, §1. Amended by Acts 1977, No. 649, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:37 — LA Code / Code revised-statutes / Title 40 / Section 37
Local registrars; duties
Status: in_force

The state registrar shall designate an employee of the office of public health to serve as the local registrar in each parish health unit. The state registrar shall serve as local registrar in Orleans Parish. All local registrars shall be responsible for completion of incomplete birth certificates not properly returned to the preparer and shall enforce the provisions of this Chapter and regulations adopted thereunder.

Acts 1991, No. 820, §1.
La. Rev. Stat. § 40:30 — LA Code / Code revised-statutes / Title 40 / Section 30
Provisions of this Chapter not to affect Louisiana Department of Agriculture
Status: in_force

Anything to the contrary notwithstanding, the provisions hereof shall not be construed to affect present laws and regulations administered by the Louisiana Department of Agriculture, particularly the provisions of R.S. 40:2277.*

Acts 1976, No. 346, §1.

*See, now, R.S. 3:4208.
La. Rev. Stat. § 40:48 — LA Code / Code revised-statutes / Title 40 / Section 48
Abortions (induced termination of pregnancy); birth and death certificates
Status: in_force

A. Whenever an abortion procedure results in a live birth, a birth certificate shall be issued certifying the birth of said born human being even though said human being may thereafter die. For the purposes of this Section a human being is live born, or there is a live birth, whenever there is the complete expulsion or extraction from its mother of a human embryo or fetus, irrespective of the duration of pregnancy, which after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or movement of the voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. In the event death does ensue after a short time, a death certificate shall be issued. Both the birth and the death certificates shall be issued in accordance with the provisions of this Part and of rules and regulations of the Louisiana Department of Health.

B. Each induced termination of pregnancy which occurs in this state shall be reported to the vital records registry within fifteen days by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the report.

Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.
La. Rev. Stat. § 40:1103.1 — LA Code / Code revised-statutes / Title 40 / Section 1103.1
Short title
Status: in_force

This Part shall be known and may be cited as the "Carter Stokes Oral and Written Summary of Breast Cancer Treatment Alternatives and Access to Breast Reconstruction Surgery Information Law".

Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.151 by HCR 84 of 2015 R.S; Acts 2018, No. 580, §1, eff. May 31, 2018.
La. Rev. Stat. § 40:1217.6 — LA Code / Code revised-statutes / Title 40 / Section 1217.6
Facilities
Status: in_force

A. The medical center may establish and maintain standards for the accreditation of all facilities designed or intended to deliver care or treatment for persons with chronic kidney disease.

B. The medical center may conduct surveys of existing facilities in the state that diagnose, evaluate, and treat persons with kidney disease and may prepare and submit its findings and a specific program of action.

C. The medical center may evaluate the need to create local or regional facilities and to establish a major kidney research center.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.86 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2009.9 — LA Code / Code revised-statutes / Title 40 / Section 2009.9
Term of license; renewal fee; display; transfer
Status: in_force

A license shall expire on the last day of the twelfth month after date of issuance unless otherwise renewed. All applications for renewal, except those of places operated by a political subdivision of the state of Louisiana, shall be accompanied by a renewal fee of one hundred dollars plus three dollars per bed. The license shall be displayed in a conspicuous place inside the home. A license or provisional license shall be valid only in the hands of the person or entity to whom it is issued and shall not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor shall a license or provisional license be valid for any premises other than those for which originally issued.

Added by Acts 1958, No. 188, §1. Amended by Acts 1970, No. 541, §4; Acts 1977, No. 579, §1, eff. July 15, 1977; Acts 1986, No. 497, §1, eff. July 2, 1986.
La. Rev. Stat. § 40:1219.4 — LA Code / Code revised-statutes / Title 40 / Section 1219.4
Services
Status: in_force

A. Subject to appropriation for the programs, the office shall provide assistance to persons determined to be eligible for services authorized by this Part. The assistance provided by the office shall include:

(1) Assisting seniors and adults with a disability in accessing manufacturers' pharmaceutical assistance programs and supports and services.

(2) Assisting seniors and adults with a disability in applying for manufacturers' pharmaceutical assistance programs and supports and services.

B. Funding for the programs in Fiscal Year 2007-2008 shall be at a level consistent with funding for the programs in Fiscal Year 2006-2007.

C. Beginning in Fiscal Year 2008-2009, funding shall be based on the maximum allowable unit cost rate and numbers served.

Acts 2003, No. 848, §1; Acts 2007, No. 406, §1; Redesignated from R.S. 40:1300.214 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2186 — LA Code / Code revised-statutes / Title 40 / Section 2186
Complaints
Status: in_force

A. It shall be the duty of the department, through its duly authorized agents, to investigate all complaints against hospices as defined in this Part. The department may take such action as is authorized by this Part.

B. The department shall receive, record, and dispose of complaints in accordance with rules and regulations promulgated in accordance with the provisions of this Part.

Acts 1988, No. 941, §2.
La. Rev. Stat. § 40:821 — LA Code / Code revised-statutes / Title 40 / Section 821
Manufacturers and dealers; fees; disposition of fees
Status: in_force

A. Whoever manufactures for sale within this state or sells or offers or exposes for sale or exchange any flour or compound intended for use as a flour, under any name whatsoever, shall first register with the Louisiana Department of Health hereinafter referred to as the "department," the brand, style, and trade name and address under which the product is distributed, sold, or exposed or offered for sale. The fee for registration of each separate and distinct brand or style shall be not more than five dollars annually.

B. All registration fees collected under the provisions of this Subpart shall be devoted to the expenses of registration, inspections, and examinations conducted under the authority of this Subpart and for the enforcement of the provisions of this Subpart.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:506 — LA Code / Code revised-statutes / Title 40 / Section 506
Termination of tenancy
Status: in_force

A. Except as expressly provided herein, the landlord tenant relationship, and the termination thereof, is governed by state law applicable to privately owned, residential property.

B. Without limiting the foregoing, a local housing authority may terminate the tenancy of a household or a resident or terminate any other assistance provided by the authority for either:

(1) Any unlawful drug-related activity or other criminal behavior on the part of a recipient or head of household or any member of the household, including any child who is a member thereof, or on the part of any guest or invitee of a member of the household, notwithstanding that the head of household or any other member of the household either:

(a) Was unaware of the misconduct constituting the ground for termination of tenancy.

(b) Did not approve or participate in such misconduct.

(c) Was not personally at fault in connection with such misconduct.

(2) Commission of any fraud or any misrepresentation or omission on the part of any recipient of assistance or member of a resident household in connection with any application for assistance or any determination or redetermination of eligibility therefor, or in connection with any investigation or determination of the local housing authority regarding compliance by the household with the terms of any lease or the authority's rules and regulations.

(3) Any other violation of one or more provisions of any lease, or agreement with the local housing authority to which a recipient of assistance or a resident is a party, or any of the authority's rules or regulations, duly promulgated.

C. Criminal conviction shall not be a requirement or prerequisite to any termination of lease, tenancy, or other assistance which termination is based upon criminal misconduct, nor shall any standard of proof greater than a preponderance of the evidence be applicable in any proceeding involving such termination of lease, tenancy, or other assistance.

D.(1) The local housing authority may not terminate the tenancy of a household or a resident or terminate any other assistance provided by the authority under Paragraph (B)(1) of this Section for reasons of domestic abuse, dating violence, or family violence committed against the head of household, a member of household, or a resident. The local housing authority may terminate the tenancy of or any other assistance provided to the perpetrator of the domestic abuse, dating violence, or family violence.

(2) For purposes of Paragraph (B)(1) of this Section, no person may be considered a guest or invitee of a member of a household without the consent of the head of household or a member of household. Consent is automatically withdrawn when a guest or invitee is a perpetrator of an act of domestic abuse, dating violence, or family violence.

(3) As used in this Subsection:

(a) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).

(b) "Dating violence" has the meaning as defined in R.S. 46:2151(C).

(c) "Family violence" has the meaning as defined in R.S. 9:362(3).

Acts 1997, No. 1188, §1; Acts 2004, No. 444, §1, eff. June 24, 2004.
La. Rev. Stat. § 40:1496.10 — LA Code / Code revised-statutes / Title 40 / Section 1496.10
Ward Four Fire Protection District Number Four of Calcasieu Parish
Status: in_force

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

Added by Acts 1985, No. 759, §1, eff. July 17, 1985.
La. Rev. Stat. § 40:1109.1 — LA Code / Code revised-statutes / Title 40 / Section 1109.1
Definitions
Status: in_force

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

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

(2) "Down syndrome" means a chromosomal condition caused by the presence of an extra whole or partial copy of chromosome 21.

(3) "Healthcare facility" means a facility, including but not limited to a hospital, or an office where a healthcare provider furnishes care to patients for health needs or medical conditions.

(4)(a) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care or medical treatment in the ordinary course of business or practice of a profession.

(b) "Healthcare provider" includes a genetic counselor.

(5) "Hospital" means a facility that is duly licensed as a hospital in accordance with the provisions of the Hospital Licensing Law, R.S. 40:2100 et seq.

Acts 2014, No. 352, §1; Redesignated from R.S. 40:1300.391 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2120.41 — LA Code / Code revised-statutes / Title 40 / Section 2120.41
Purpose
Status: in_force

The purpose of this Part is to provide an alternative to or a possible prevention of institutionalization of physically, mentally, or functionally impaired adults and to provide for the maintenance of services made available by adult day health care providers.

Acts 2006, No. 637, §1, eff. June 23, 2006.
La. Rev. Stat. § 40:1667.10 — LA Code / Code revised-statutes / Title 40 / Section 1667.10
Extra compensation for commissioned full-time levee district police authorized
Status: in_force

In addition to the compensation now paid to any levee district police officer, every levee district police officer who is a full-time employee, is paid a salary of not less than eight hundred dollars per month, has completed and passed a P.O.S.T.-certified training program as provided in R.S. 40:2405, and has completed or hereafter completes one year of service, may be paid extra compensation by the levee district by which they are employed with district funds in an amount up to but not greater than the amount authorized for harbor police officers, fireboat operators, and bridge police officers by law.

Acts 2018, No. 490, §1.
La. Rev. Stat. § 40:1666 — LA Code / Code revised-statutes / Title 40 / Section 1666
Purpose of law
Status: in_force

This law is enacted by the legislature in the exercise of the police power of the state, to promote the public welfare and safety, by providing better protection from fire and other conflagrations.

Acts 1963, No. 82, §1; Redesignated from R.S. 33:2001. See Acts 2014, No. 158, §§3 and 7.
La. Rev. Stat. § 40:962.1.1 — LA Code / Code revised-statutes / Title 40 / Section 962.1.1
Possession of twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers
Status: in_force

A.(1) It is unlawful for any person to possess twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers.

(2) It is unlawful for any person to possess ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers in powder form unless the weight of the ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers is less than twelve grams and the powder is in the manufacturer's original packaging and may be lawfully sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq.

B. The provisions of this Section shall not apply to any of the following:

(1) Any person possessing a valid prescription for ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers.

(2) Any licensed manufacturer, wholesaler, or distributor who sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to any licensed practitioner operating within the course and scope of that profession.

(3) Any licensed pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers in the course of their professional practice, pursuant to the prescription of any licensed practitioner.

(4) Any licensed practitioner who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers in the course of their professional practice.

(5) Any person in possession of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers in his residence under circumstances that are consistent with typical medicinal or household use. Factors that the court may consider in determining whether the circumstances of the possession are consistent with typical medicinal or household use include but are not limited to storage location, purchase date, expiration date, possession of the products in a variety of strengths, brands, types, or purposes and the health conditions of persons in the residence.

(6) Any manufacturer, wholesaler, distributor, or retail business which sells, transfers, or otherwise furnishes products to customers for medicinal purposes, which products contain ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers, while acting within the scope and course of that business.

C. The provisions of this Section shall not apply to any pediatric products primarily intended for administration, according to label instructions, to children under twelve years of age provided that:

(1) For any solid dosage form, the individual dosage unit, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine.

(2) For any liquid dosage form, the recommended dosage units, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of the liquid product.

(3) For any liquid dosage form intended for administration to children under two years of age, the recommended dosage does not exceed two milliliters and the total package content is not more than one fluid ounce.

D. Repealed by Acts 2009, No. 314, §2.

E. Whoever violates any provision of this Section shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both.

F. Notwithstanding any provision of law to the contrary, unless listed in another schedule, any product that contains any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers is a Schedule V controlled dangerous substance and shall be dispensed, sold, or distributed only in accordance with the provisions of R.S. 40:1049.1 et seq. Such products shall be exempt from the reporting for Schedule V drugs as provided for in R.S. 40:1001 et seq.

Acts 2003, No. 1000, §1; Acts 2004, No. 656, §1; Acts 2009, No. 314, §§1 and 2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1061.23 — LA Code / Code revised-statutes / Title 40 / Section 1061.23
Emergency
Status: in_force

The provisions of this Chapter shall not apply when a medical emergency compels the immediate performance of an abortion because the continuation of the pregnancy poses an immediate threat and grave risk to the life or serious health risk to the unborn child's mother. Within twenty-four hours, the attending physician shall certify to the medical emergency for the abortion and shall enter such certification in the medical record of the pregnant woman.

Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2014, No. 569, §2, special eff. date; Redesignated from R.S. 40:1299.35.12 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.

NOTE: See Acts 2014, No. 569, §3, regarding effectiveness.
La. Rev. Stat. § 40:1231.6 — LA Code / Code revised-statutes / Title 40 / Section 1231.6
Malpractice coverage
Status: in_force

A.(1) Only while malpractice liability insurance remains in force, or in the case of a self-insured health care provider, only while the security required by regulations of the board remains undiminished, are the health care provider and his insurer liable to a patient, or his representative, for malpractice to the extent and in the manner specified in this Part.

(2) When, and during the period that each shareholder, partner, member, agent, officer, or employee of a corporation, partnership, limited liability partnership, or limited liability company, who is eligible for qualification as a health care provider under this Part, and who is providing health care on behalf of such corporation, partnership, or limited liability company, is qualified as a health care provider under the provisions of R.S. 40:1131.2, such corporation, partnership, limited liability partnership, or limited liability company shall, without the payment of an additional surcharge, be deemed concurrently qualified and enrolled as a health care provider under this Part. Any such corporation, partnership, limited liability partnership, or limited liability company which fails to provide proof of financial responsibility upon request of the fund after the filing of a request for review of a claim under R.S. 40:1231.8 or after the filing of a lawsuit alleging medical malpractice, shall not be deemed concurrently qualified and enrolled as a health care provider under this Part.

B. The filing of proof of financial responsibility with the board shall constitute, on the part of the insurer, a conclusive and unqualified acceptance of the provisions of this Part.

C. Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of this Part is void, except that a provision in a malpractice liability insurance policy approved by the board which limits the aggregate sum for which the insurer may be liable during the policy period shall be valid.

D. Every policy issued under this Part is deemed to include the following provisions, and any change which may be occasioned by legislation adopted by the legislature of the state of Louisiana as fully as if it were written therein:

(1) The insurer assumes all obligations to pay an award imposed against its insured under the provisions of this Part; and

(2) Any termination of this policy by cancellation is not effective as to patients claiming against the insured covered hereby, unless at least thirty days before the taking effect of the cancellation, a written notice giving the date upon which termination becomes effective has been received by the insured and the board at their offices. In no event shall said cancellation affect in any manner any claim which arose against the insurer or its insured during the life of the policy.

E. If an insurer fails or refuses to pay a final judgment, except during the pendency of an appeal, or fails, or refuses to comply with any provisions of this Part, in addition to any other legal remedy, the board may also revoke the approval of its policy form until the insurer pays the award or judgment or has complied with the violated provisions of this Part and has resubmitted its policy form and received the approval of the board.

Added by Acts 1975, No. 817, §1. Amended by Acts 1976, No. 183, §5; Acts 1978, No. 413, §1; Acts 1986, No. 208, §1; Acts 1986, No. 498, §1; Acts 1990, No. 967, §2, eff. Oct. 1, 1990; Acts 1997, No. 646, §1; Acts 2004, No. 309, §1; Redesignated from R.S. 40:1299.45 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:941 — LA Code / Code revised-statutes / Title 40 / Section 941
Handling of meat not slaughtered under license prohibited; exceptions; penalty
Status: in_force

A. No butcher or purveyor of food products intended for human consumption shall, directly or indirectly, purchase, trade, handle, or sell, in any manner, the carcass or any part thereof of any animal not slaughtered for human consumption by a licensed butcher or in a licensed slaughterhouse, packing house, or abattoir.

B. This Section does not apply to persons slaughtering for human consumption their own animals on their own farm, plantation, or agricultural premises; or to individuals slaughtering their own animals for the occasional sale of meat as an incident to some other business, where these individuals are not otherwise required by law to have a license for the slaughtering or butcher business.

C. This Section does not apply to the slaughtering of alligators or nutria, or the field dressing of wild game, which shall be governed by regulations promulgated by the Louisiana Department of Health, with the concurrence of both the Louisiana Department of Agriculture and the Louisiana Department of Wildlife and Fisheries.

D. Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than thirty days nor more than ninety days, or both.

Amended by Acts 1995, No. 352, §1, eff. June 16, 1995; Acts 1997, No. 158, §1.
La. Rev. Stat. § 40:1295 — LA Code / Code revised-statutes / Title 40 / Section 1295
Smoking cessation benefits program; medical assistance program; coverage
Status: in_force

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

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

(2) "Medical assistance program" means the medical assistance program provided for in Title XIX of the Social Security Act as administered by the Louisiana Department of Health.

(3) "Smoking cessation benefits" means smoking cessation treatments and services, including individual counseling, group counseling, nicotine patches, nicotine gum, nicotine lozenges, nicotine nasal spray, nicotine inhaler, bupropion, and varenicline.

B.(1) The smoking cessation benefits provided for in R.S. 22:1041.1 shall be a covered service in the medical assistance program.

(2) The smoking cessation benefits coverage required by this Subsection shall not be subject to any copayments, deductibles, or other cost-sharing mechanisms.

C. The department shall promulgate and enforce such rules, regulations, and minimum standards as needed to carry out the provisions of this Section.

Acts 2023, No. 281, §2.
La. Rev. Stat. § 40:751 — LA Code / Code revised-statutes / Title 40 / Section 751
Enforcement of Part
Status: in_force

The Louisiana Department of Health, hereinafter referred to in this Part as the "department," shall enforce this Part through the secretary of the department or its officers or agents.

Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
La. Rev. Stat. § 40:1563.3 — LA Code / Code revised-statutes / Title 40 / Section 1563.3
Restriction on the use of the titles "fire marshal" and "deputy fire marshal"
Status: in_force

No employee of any department, division, or agency of the state or any municipality, parish, or other political subdivision of the state except employees of the office of state fire marshal, code enforcement and building safety, Department of Public Safety and Corrections, shall use or allow to be used the title of "fire marshal" or "deputy fire marshal".

Acts 1989, No. 181, §1; Acts 1997, No. 1187, §2.
La. Rev. Stat. § 40:1023.1 — LA Code / Code revised-statutes / Title 40 / Section 1023.1
Prohibited acts; unmarried persons under seventeen years of age
Status: in_force

A. It is unlawful for any person, corporation, or association to sell, lend, rent, lease, give, exchange, exhibit, display, or distribute to any unmarried person under the age of seventeen any drug paraphernalia.

B. The unlawful sale, loan, rent, lease, gift, exchange, exhibition, display, or distribution of drug paraphernalia to any unmarried person under the age of seventeen is the intentional sale, loan, rent, lease, gift, exchange, exhibition, display, or distribution of drug paraphernalia to any unmarried person under the age of seventeen years, at any newsstand, record store, tape store or any other commercial establishment which is open to persons under the age of seventeen years.

C. It shall be unlawful to invite or permit any unmarried person under the age of seventeen to be in any commercial establishment that exhibits or displays any item, material, work, or object of any kind that is defined as drug paraphernalia pursuant to this Part.

D. Lack of knowledge of age or marital status shall not constitute a defense, unless the defendant shows that he had reasonable cause to believe that the minor involved was either married or seventeen years of age or more and that the minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or apparently official document purporting to establish that such person was either married or seventeen years of age or more.

Acts 1990, No. 398, §1, eff. July 18, 1990; Acts 2006, No. 676, §3, eff. July 1, 2006.
La. Rev. Stat. § 40:1061.31 — LA Code / Code revised-statutes / Title 40 / Section 1061.31
Compatible with Love Empowerment Act
Status: in_force

A. No more than seventy-two hours after a pregnant woman is informed that her unborn child has a fetal abnormality diagnosis, the healthcare provider who gave the diagnosis shall provide to the woman an informational document that includes resources, programs, and services for pregnant women and resources, programs, and services for infants and children born with disabilities.

B. The Louisiana Department of Health shall develop an informational document to comply with the mandate established in this Section to include resources, programs, and services for a pregnant woman whose unborn child has been diagnosed with a fetal abnormality and resources, programs, and services for infants and children born with disabilities and shall make such information available to any requesting provider of women's health care services and shall maintain the information on a link on the department's website. The information shall include the availability of perinatal hospice and palliative care and pediatric hospice and palliative care services located in Louisiana, nonprofit organizations that provide support to women who carry a child to term in these situations, and mental health services in Louisiana to support the mother and father of the child. The informational document provided for in this Section may be merged with the informational document mandated by R.S. 40:1061.1.4.

C. The provisions set forth in Subsection B of this Section shall include specific instructions on how and where families of children with disabilities may apply for financial assistance and financial benefits made available via the Medicaid program in this state and similar programs.

Acts 2024, No. 332, §1.
La. Rev. Stat. § 40:1281.3 — LA Code / Code revised-statutes / Title 40 / Section 1281.3
Classification of water and sewerage facilities
Status: in_force

Within one hundred twenty days of adoption of this Subpart *, the state health officer will classify all water production facilities, water treatment plants, water distribution systems, sewage collection systems, and sewage treatment plants actually used or intended for use by the public with due regard to the size, type, character of water or wastewater to be treated, and other physical conditions affecting such treatment plants and collection or distribution systems and prescribe the skill, knowledge, and experience that the operator in charge must have to supervise successfully the operation of the facilities so as to protect the public health, prevent unlawful pollution, and protect the water resources of the state.

Acts 1972, No. 538, §3; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from R.S. 40:1143 by HCR 84 of 2015 R.S.

*AS APPEARS IN ENROLLED ACT.
La. Rev. Stat. § 40:1250.32 — LA Code / Code revised-statutes / Title 40 / Section 1250.32
Administrative rulemaking
Status: in_force

The Louisiana Department of Health shall promulgate all such rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Part.

Acts 2021, No. 450, §1.

NOTE: The La. Dept. of Health shall take all such actions as are necessary to make the coverage required by the provisions of Section 1 of Acts 2021, No. 450, available to all persons eligible for such coverage on or before July 1, 2022.
La. Rev. Stat. § 40:1173.3 — LA Code / Code revised-statutes / Title 40 / Section 1173.3
Data collection; powers and duties of the Louisiana Department of Health
Status: in_force

The department, through the office of public health and in consultation with the Health Data Panel, shall:

(1) Identify and define the healthcare cost, quality, and performance data elements to be reported to the department in accordance with existing national and international data standards for facilitating meaningful comparison by consumers of costs for specific healthcare services and specific quality of care measures between and among medical facilities, healthcare providers, and health plans. Such data elements shall include, without limitation, the items specified in Paragraph (9) of this Subsection.

(2) Develop standards of accuracy, quality, timeliness, economy, and efficiency for the provision of data.

(3) Identify the most practical methods to collect, transmit, and share required healthcare data as described in this Subpart.

(4) Utilize, wherever practical, existing administrative data bases, and modalities of data collection to provide the required data.

(5) Ensure confidentiality of patients by enforcing appropriate rules and regulations at least as stringent as those regulations applicable to covered entities promulgated under HIPAA privacy regulations, 45 CFR Part 164.

(6) Maintain the computerized database of personal health information of consumers in a secure environment in compliance with federal laws providing for the security of the system containing such data. In the event of a known or suspected data breach, the department shall, within thirty days of the breach, notify each resident of the state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

(7) Coordinate with the Louisiana Department of Insurance on all matters of health plan cost, quality, and performance data to be collected from health plans licensed to offer health insurance coverage in Louisiana. Such data shall exclude premium data and information related to the development of premiums.

(8) Include, when appropriate, risk-adjustment measures into the production of all healthcare cost, quality, and performance data issued to account for variation in facility size, location, and patient acuity levels.

(9)(a) Provide the process for Internet publication of provider and health plan specific cost, quality, and performance data collected pursuant to this Subpart for access and use by a consumer or requesting entity. At minimum, this data shall include all of the following items:

(i) Healthcare quality information that is easily understandable by the average consumer and is published in a format that allows the user to compare such information across providers to the extent practicable.

(ii) Data related to payments for health services rendered by healthcare facilities and practitioners published in an interactive format from which the user can generate reports of such data.

(iii) Data identifying at least fifteen of the most commonly used diagnosis codes, at least fifteen of the most commonly used procedure codes, and any emerging health trends for diagnosis and treatment related to hospitalization. The department shall publish this data in a format that facilitates comparison of the data from hospitals and other licensed health facilities of this state to similar data for medical care rendered in other states, to the extent that such data is available.

(iv) A list of the hospitals and other licensed health facilities that are in compliance with the reporting requirements promulgated by the department, and a list of the hospitals and other licensed health facilities that are not in compliance with such requirements.

(b) The department shall update the information provided for in this Paragraph at least annually.

(10) Ensure that data released pursuant to this Subpart shall not include any identifier which is listed in 45 CFR 164.514(b) as being necessary to be removed in order for the data to be de-identified within the meaning of 45 CFR 164.514(a).

(11) Promulgate rules and regulations, in accordance with the Administrative Procedure Act, to carry out the provisions of this Subpart.

Acts 1997, No. 622, §1, eff. July 3, 1997; Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.113 by HCR 84 of 2015 R.S.; Acts 2015, No. 338, §§1, 2; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1291.1 — LA Code / Code revised-statutes / Title 40 / Section 1291.1
Short title
Status: in_force

This Part shall be known and may be cited as the "Louisiana Smokefree Air Act."

Acts 2006, No. 815, §1, eff. Jan. 1, 2007; Redesignated from R.S. 40:1300.251 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1121.21 — LA Code / Code revised-statutes / Title 40 / Section 1121.21
Blood samples; standard test
Status: in_force

A.(1)(a) Every primary, treating healthcare provider who provides routine prenatal care, services, or screening to a pregnant woman shall provide HIV and syphilis blood tests to the pregnant woman during the pregnant woman's initial prenatal care visit with that healthcare provider during the woman's first trimester and the pregnant woman's first prenatal care visit in the third trimester with that healthcare provider or as soon as possible thereafter.

(b) Any admitting healthcare provider who attends any pregnant woman during labor and delivery shall provide HIV and syphilis blood tests to the pregnant woman at that time. The pregnant woman shall be informed that the testing will be performed unless the woman declines the testing.

(c) A blood sample shall be taken and submitted to any approved laboratory for a standard test for syphilis as approved by the American Board of Pathology and a standard diagnostic HIV test approved by the Food and Drug Administration, unless the pregnant woman has declined the testing.

(2) In addition to the tests required in this Section, the pregnant woman shall be tested for chlamydia and gonorrhea at the first prenatal visit, and if a pregnant woman tests positive or it is deemed necessary by the healthcare provider, he shall offer testing in the third trimester.

B. For purposes of this Section, "healthcare provider" means a licensed physician, licensed advanced practice registered nurse or nurse practitioner, licensed physician assistant, or licensed or certified midwife.

C. All testing that is provided by a healthcare provider pursuant to the provisions of this Section shall be considered a medically necessary covered service by any health insurance issuer as defined in R.S. 22:1005 and by any managed care organization as defined in R.S. 46:460.51. In addition, health insurance issuers and managed care organizations shall be prohibited from requiring prior authorization or imposing any utilization management requirements as a condition of payment for any testing provided pursuant to the provisions of this Section.

Acts 2007, No. 153, §1; Acts 2014, No. 459, §1, eff. June 4, 2014; Redesignated from R.S. 40:1091 by HCR 84 of 2015 R.S.; Acts 2025, No. 437, §1, eff. June 20, 2025.
La. Rev. Stat. § 40:523 — LA Code / Code revised-statutes / Title 40 / Section 523
Planning and zoning
Status: in_force

Except as otherwise provided herein, all developments are subject to the planning, zoning, sanitary, and building laws applicable to the locality in which the development is located.

Acts 1993, No. 772, §1; Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:31.65 — LA Code / Code revised-statutes / Title 40 / Section 31.65
Authority and responsibility of the director
Status: in_force

A. Repealed by Acts 2022, No. 252, §3.

B. The director shall designate Parkinson's disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinson's disease information is collected pursuant to this Section. All cases of Parkinson's disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinson's disease data or any individual, agency, or organization designated to cooperate with that representative.

Acts 2005, No. 210, §1; Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:1281.26 — LA Code / Code revised-statutes / Title 40 / Section 1281.26
Individual sewerage systems; temporary waiver; enforcement
Status: in_force

A. The Louisiana Department of Health, office of public health, shall temporarily waive applicable requirements of LAC 51:XIII.101 et seq. regarding individual sewerage systems pending the construction of a community sewerage system for properties located within the boundaries of any parish with a population between six thousand eight hundred and six thousand nine hundred according to the latest federal decennial census.

B. The temporary waiver of individual sewerage system regulations for properties within a qualifying jurisdiction pursuant to Subsection A of this Section shall be granted only under the following conditions:

(1) All permits and authorizations issued by the Louisiana Department of Health, office of public health, for new or existing onsite sewerage treatment shall become invalid upon completion of a community sewerage treatment system.

(2) The property owner or designated agent shall sign an agreement acknowledging that the waiver is temporary and that the owner shall be required to connect to the community sewerage system upon its availability.

(3) Each waiver shall require five thousand square feet of contiguous property, with a current property survey by a Louisiana-registered land surveyor, and a minimum of four property corners that are visibly staked.

(4) Only one habitable structure shall be authorized for parcels of property meeting the requirements set forth in Paragraph (3) of this Subsection.

(5) Permits for new individual sewerage treatment systems shall be contingent upon adherence to Paragraphs (3) and (4) of this Subsection, and shall require the installation of an aerobic treatment unit that includes the appropriate required effluent reduction field.

(6) Authorization or approvals to use permitted existing individual sewerage treatment systems shall be contingent upon the owner's providing the Louisiana Department of Health, office of public health, with written and signed documentation from a Louisiana licensed sewerage installer or maintenance provider which declares the system is operable and will function as designed.

(7) Individual sewerage systems that produce a discharge shall be required to provide appropriate effluent disinfection prior to effluent reduction field.

C. The parish or any municipality within the parish may provide appropriate enforcement mechanisms to prohibit persons who own property within the boundaries of the parish from doing any of the following:

(1) Connecting multiple habitable structures to an individual sewerage system. However, two recreational vehicles, as defined in Subsection D of this Section, may connect to one individual sewerage system if the system is permitted by the Louisiana Department of Health and the rated capacity of the system is not exceeded.

(2) Allowing an individual sewerage system to cause or create a nuisance or public hazard.

(3) Refusing to connect to the community sewerage system after its availability.

(4) Refusing to properly abandon an individual sewerage system upon connection to the new completed community sewer system.

D.(1) For purposes of this Section, "recreational vehicle" means a motorized or towable vehicle that combines transportation and temporary living quarters.

(2) For purposes of this Section, the term "recreational vehicle" shall not include a mobile home, a dwelling known commonly as a "Katrina cottage", a dwelling known commonly as a "tiny house", a movable house, or any other living quarters designed or intended to have the wheels removed in connection with placement on a lot or parcel of land.

Acts 2016, No. 439, §2; Acts 2021, No. 226, §1, eff. June 14, 2021.
La. Rev. Stat. § 40:599.7 — LA Code / Code revised-statutes / Title 40 / Section 599.7
Property
Status: in_force

A. An authority may:

(1) Acquire real property or rights or interests in real property, directly or through a person or governmental entity, by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the authority considers proper.

(2) Own property in the authority's name, including tax-foreclosed property and adjudicated property without clear title.

(3) Sell, lease as lessor, transfer, and dispose of the authority's interest in property.

(4) Procure insurance against loss in connection with the property, assets, or activities of the authority.

(5) Execute deeds, mortgages, contracts, leases, purchases, or other agreements regarding the property of the authority.

B. Property purchased, owned, or sold under this Part may not be located outside the jurisdiction of the local government in which the authority is located.

C.(1) An authority may quiet title or foreclose on a property in which it holds an interest by:

(a) Conducting an examination of title to determine the identity of any person possessing a claim or interest in the property.

(b) Filing a complaint to quiet title.

(2) An authority may join a single complaint to quiet title or foreclose on one or more parcels of real property.

Acts 2025, No. 443, §1.
La. Rev. Stat. § 40:1484.8 — LA Code / Code revised-statutes / Title 40 / Section 1484.8
Set-up inspection; requirements; notification to the fire marshal
Status: in_force

A. An operator shall have a set-up inspection conducted on all inflatable amusement devices, amusement attractions, and amusement rides at least once prior to their operation at each event in the state.

B. The set-up inspection may be conducted by a third-party inspector or an employee of the operator of the inflatable amusement device, amusement attraction, or amusement ride who is specially trained to perform a set-up inspection.

C. If an inflatable amusement device, amusement attraction, or amusement ride is in compliance pursuant to the findings of a set-up inspection and corresponding adopted rules and regulations, the third-party inspector or set-up inspector shall affix a tag to the inflatable amusement device, amusement attraction, or amusement ride.

D. If an inflatable amusement device, amusement attraction, or amusement ride is not in compliance pursuant to the findings of a set-up inspection and corresponding adopted rules and regulations, a third-party inspector or set-up inspector shall cease operation of the inflatable amusement device, amusement attraction, or amusement ride and notify the office of state fire marshal within two hours of the determination, and tag it accordingly.

E. The office of state fire marshal shall specifically adopt rules and regulations in accordance with the Administrative Procedure Act for enforcement of this Section.

Added by Acts 1985, No. 733, §1; Acts 1997, No. 878, §1; Acts 2016, No. 462, §2; Acts 2019, No. 234, §1.
La. Rev. Stat. § 40:1101.2 — LA Code / Code revised-statutes / Title 40 / Section 1101.2
Definitions
Status: in_force

As used in this Part:

(1) "Alzheimer's special care unit" means any nursing facility, residential care/assisted living facility, adult congregate living facility, home health agency, home- and community-based service provider which provides adult day care services, hospice, or continuing care retirement community that segregates or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's disease or a related disorder so as to prevent or limit access by a resident to areas outside the designated or separated area; and that advertises, markets, or otherwise promotes the facility as providing specialized Alzheimer/dementia care services.

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

Acts 1997, No. 909, §1, eff. July 10, 1997; Acts 2008, No. 839, §3, eff. July 8, 2008; Redesignated from R.S. 40:1300.123 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2120.57 — LA Code / Code revised-statutes / Title 40 / Section 2120.57
Certified nurse aide; medical staffing agencies
Status: in_force

A. Any medical staffing agency employing or contracting with a certified nurse aide shall, before employing or contracting with a certified nurse aide, verify that the certified nurse aide is certified and listed on the Louisiana's Certified Nurse Aide Registry and shall perform or have performed a criminal background check on each certified nurse aide.

B. All medical staffing agencies shall submit to the department any complaints or grievances received against a certified nurse aide whom they have employed.

C. No medical staffing agency shall employ or contract with a certified nurse aide who holds a restricted registration.

D. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars. Each day's violation shall constitute a separate offense.

Acts 2009, No. 357, §1, eff. Aug. 15, 2010.
La. Rev. Stat. § 40:1630 — LA Code / Code revised-statutes / Title 40 / Section 1630
Marking of cigarette packaging
Status: in_force

A. Cigarettes that are certified by a manufacturer in accordance with R.S. 40:1629 shall be marked to indicate compliance with the requirements of R.S. 40:1628. The marking shall be in eight-point type or larger and consist of one of the following:

(1) Modification of the UPC Code to include a visible mark printed at or around the area of the UPC Code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC.

(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap.

(3) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards set forth in this Act*.

B. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, or cases, or brands marketed by that manufacturer.

C. The state fire marshal shall be notified in writing as to the marking that is selected.

D. Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except the state fire marshal shall approve the following:

(1) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes.

(2) The letters "FSC", which signifies Fire Standards Compliant appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.

E. Proposed markings shall be deemed approved if the state fire marshal fails to act within ten business days of receiving a request for approval.

F. No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this Section.

G. Manufacturers certifying cigarettes in accordance with this Section shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the Department of Revenue, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this Section.

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

*Acts 2007, No. 409
La. Rev. Stat. § 40:1668 — LA Code / Code revised-statutes / Title 40 / Section 1668
Benefits for disabled firemen and 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 certain benefits to firemen and law enforcement officers determined to be permanently and totally disabled as the direct and proximate result of a catastrophic injury arising out of and in the course of the performance of their official duties.

B. As used in this Section, the following words have the following meanings:

(1) "Board" means the Law Enforcement Officers and Firemen's Survivor Benefit Review Board created and provided for in R.S. 40:1665.3.

(2) "Catastrophic injury" means an injury incurred on or after July 1, 2016, caused by an individual having the specific intent to kill the officer who is engaged in the performance of his official duties, the direct and proximate consequences of which, as provided by clear and convincing evidence unaided by any presumption of disability, leaves the officer permanently and totally disabled.

(3) "Law enforcement officer" means the following:

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

(b) All members of the state police employed on a full-time basis.

(c) All municipal police officers in the state employed on a full-time basis.

(d) All university and college police officers at state universities and colleges employed on a full-time basis.

(4) "Officer" includes firemen as defined in R.S. 40:1665 and law enforcement officers as defined in Paragraph (3) of this Subsection.

(5) "Permanently and totally disabled" means the officer is unable to engage in any employment or self-employment on a full-time basis, regardless of the nature or character of the employment or self-employment.

C.(1) In any case in which an officer is determined by the board or a court of competent jurisdiction pursuant to Paragraph (E)(2) of this Section to be permanently and totally disabled as the direct and proximate result of a catastrophic injury arising out of and in the course of the performance of the officer's official duties, the following shall be paid by the state risk director pursuant to R.S. 39:1533(A)(2) on behalf of the officer from the date of the catastrophic injury as long as the officer is permanently and totally disabled:

(a)(i) Premiums due from the officer for the amount and type of life, health, accident, accidental death and dismemberment, hospital, surgical, and medical expense insurance covering the officer and maintained by the officer through the officer's employer at the time of the catastrophic injury.

(ii) If the injured officer no longer qualifies under Item (i) of this Subparagraph, premiums due for insurance that provides for life, health, accident, accidental death, and dismemberment, hospitals, surgical, and medical expense insurance similar to that maintained by the officer through his employer at the time of the catastrophic injury.

(iii) This Subparagraph shall not apply to any premium due from the officer for insurance covering any individual other than the officer.

(b) Copayments, coinsurance, and deductibles applicable to any insurance policy for which premiums are paid pursuant to Item (a)(i) or (ii) of this Paragraph for healthcare benefits received by the officer.

(2) The premiums, deductibles, coinsurance, and copayments paid pursuant to this Section shall be in addition to any other benefit or income available and paid to the injured officer for the disability due to the catastrophic injury.

D.(1) In order to facilitate the operation of this Section, within one year after the employing authority has knowledge of the permanent and total disability of an officer under circumstances covered by this Section, the employing authority or officer shall notify the Law Enforcement Officers and Firemen's Survivor Benefit Review Board of the disability, the date of the catastrophic injury for which the disability is a result, the circumstances surrounding the injury, and such other information as may be requested by the board.

(2) The officer seeking the benefits provided in this Section may notify the board providing the information listed in Paragraph (1) of this Subsection.

(3) Nothing in this Section shall prevent the board from initiating proceedings before being notified by the employing authority or officer.

E.(1) The board shall hear and decide by unanimous vote all claims for disability benefits within sixty days after documentation is received. The board may request any information necessary to make a determination of eligibility for disability benefits.

(2) Within ten days after the board has reached its decision, it shall notify the officer of its decision by certified mail. If the board denies the claim, the officer shall have one year from the date of denial to file suit against the state through the board in the parish where the incident that brought about the permanent and total disability occurred. The date of denial shall be calculated as one year from date of receipt of the decision from the board.

F. If the board determines the officer qualifies for the benefit payable under this Section, the board shall notify the state risk director.

G. No benefit shall be payable pursuant to this Section if any of the following applies:

(1) The catastrophic injury was caused by the intentional misconduct of the officer or by the officer's intention to bring about his death, disability, or injury.

(2) The officer was voluntarily intoxicated at the time of his catastrophic injury.

(3) The officer was performing his duties in a grossly negligent manner at the time of his catastrophic injury.

(4) Repealed by Acts 2018, No. 656, §2, eff. June 1, 2018.

H. The board may adopt rules and regulations to implement the provisions of this Section.

Acts 2017, No. 391, §2, eff. June 23, 2017; Acts 2018, No. 656, §1, 2, eff. June 1, 2018.
La. Rev. Stat. § 40:1502.13 — LA Code / Code revised-statutes / Title 40 / Section 1502.13
Fire protection districts within East Feliciana Parish; assessment and collection
Status: in_force

A.(1) The governing authority of any fire protection district situated wholly within the geographical boundaries of East Feliciana Parish may establish, by majority vote of the members of the authority of the district, a fire protection tax for a term not to exceed ten years to be assessed persons owning each residential or commercial structure, whether occupied or unoccupied, located wholly or partly within the boundaries of the fire protection district, subject to the provisions of Subsection B of this Section.

(2) For purposes of this Section, each residential or commercial unit and each housing unit within a multiple dwelling structure shall be considered a separate structure, and a factory-built home as defined in R.S. 9:1149.2 shall be considered a structure. The fire protection tax shall be equal for all structures, except that factory-built homes shall be taxed at a rate no less than fifty percent and no more than eighty percent of the general tax rate, and shall be framed to cover and shall be used for the costs of any or all fire protection services and emergency services provided by the district, including the acquisition, maintenance, and operation of equipment and facilities therefor.

B. Fire protection taxes or the various rates thereof so established shall be levied by resolution of the governing authority of the district. However, the resolution levying the tax shall be adopted by the governing authority only after the question of the levy, its duration, and the amount of the taxes established have been submitted to and approved by a majority of electors of the district voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of any fire protection district levying a fire protection tax as provided in this Section may use any reasonable means to collect and enforce the collection of such tax, including any means authorized by law for collection of other taxes.

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

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

(c) In addition, the governing authority of the district may recover the amount of said taxes, together with all costs of court and attorney fees, by ordinary process in the Twentieth Judicial District.

(d) The governing authority may also provide, by resolution, for interest on the amount of said taxes, which shall be paid prior to cancellation of the lien. The rate of interest charged shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and shall be computed from the date of recordation of the lien until paid.

(e) Alternatively, the lien authorized by this Paragraph may be enforced by assessing the amount of the lien against the immovable as a tax against the immovable, to be enforced and collected as any ordinary property tax lien to be assessed against the property. 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 the district has incurred such costs and expenses as constitute the lien on the property, including any costs of court, attorney fees, and interest, the governing authority may send an attested bill of said costs and expenses to the assessor of East Feliciana Parish, who shall add the amount of said bill to the next tax bill of the owner. Such lien shall prime all other liens or privileges against the property, except other tax liens, filed after the statement specified in this Paragraph is filed with the recorder of mortgages, regardless of the date on which the lien is perfected.

Acts 1994, No. 14, §1, eff. June 7, 1994; Acts 2004, No. 743, §3, eff. Jan. 1, 2005; Acts 2024, No. 287, §7.
La. Rev. Stat. § 40:976 — LA Code / Code revised-statutes / Title 40 / Section 976
Records of licensees
Status: in_force

Each licensee manufacturing, distributing, or dispensing controlled dangerous substances in Schedule I, II, III, IV, or V shall make a complete and accurate record of all stocks of such dangerous substances on hand. Thereafter, complete and accurate records of all such dangerous substances shall be maintained until the next inventory is made for the next two-year period as required by this Section. At each two-year period after July 29, 1970, at the time of his regular physical inventory, each licensee manufacturing, distributing, or dispensing controlled dangerous substances shall prepare an inventory of each dangerous substance in his possession. Records and inventories shall contain such information as shall be provided by rules and regulations promulgated by the Louisiana Board of Pharmacy. This Section shall not apply to practitioners who lawfully prescribe or administer, but do not otherwise dispense, controlled dangerous substances listed in Schedule I, II, III, IV, or V of this Part.

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:1300.34 — LA Code / Code revised-statutes / Title 40 / Section 1300.34
Duty of law enforcement officer
Status: in_force

A. Each law enforcement officer shall make a diligent effort to determine whether any disabled person he finds suffers from epilepsy, diabetes, or some other type of illness which would cause the condition. Whenever feasible, this effort shall be made before the person is charged with a crime or taken to a place of detention.

B. In seeking to determine whether a disabled person suffers from an illness, each law enforcement officer shall make a reasonable search for an identifying device and, if the identifying device is found, may make a reasonable search for an identification card of the type described in Section 1300.33(B). The law enforcement officer shall not search for an identifying device or an identification card in a manner or to an extent that would appear to a reasonable person in the circumstances to cause an unreasonable risk of worsening the condition of the disabled person.

C. Any law enforcement officer who finds a disabled person without an identifying device or identification card shall not be relieved of the duty to that person to make a diligent effort to ascertain the existence of any illness causing the disabled condition, provided that any such action of the law enforcement officer shall not be malicious or willfully and deliberately intended to harass, embarrass or intimidate the disabled person, and further provided that the evidence seized cannot be used in a criminal prosecution.

D. There shall be no cause of action against a law enforcement officer for making a reasonable search of a disabled person to locate an identifying device, and if the identifying device is found, for making a reasonable search for an identification card of the type described in Section 1300.33(B).

E. Each law enforcement officer who determines or has reason to believe that a disabled person is suffering from an illness causing his condition shall promptly notify the person's physician, if practicable. If the officer is unable to ascertain the physician's identity or to communicate with him, the officer shall make a reasonable effort to cause the disabled person to be transported immediately to a medical practitioner or to a facility where medical treatment is available. If the officer believes it unduly dangerous to move the disabled person, he shall make a reasonable effort to obtain the assistance of a medical practitioner.

Added by Acts 1978, No. 399, §1; Redesignated from R.S. 40:1299.74 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:2193.2 — LA Code / Code revised-statutes / Title 40 / Section 2193.2
License; requirements
Status: in_force

A. A pediatric day health care facility shall not be established, opened, conducted, managed, maintained, or operated in this state without an appropriate license issued under this Part.

B. A license issued to a pediatric day health care facility shall:

(1) Be valid for one year from the date of issuance, unless revoked or suspended prior to that date.

(2) Expire on the last day of the twelfth month after date of issuance, unless otherwise renewed.

(3) Be on a form prescribed by the department.

(4) Not be transferrable or assignable.

(5) Be valid for only one geographic location.

(6) Be issued only for the person and premises named in the license application.

(7) Be posted in a conspicuous place on the licensed premises.

Acts 2004, No. 432, §1, eff. June 24, 2004.
La. Rev. Stat. § 40:2166.8 — LA Code / Code revised-statutes / Title 40 / Section 2166.8
Fees on community service providers; disposition of fees
Status: in_force

A.(1) The department is hereby authorized to adopt and impose fees for community-based services provided by the Medicaid program for every adult residential care provider as well as any other provider of services offered in lieu of institutional placement and to adopt rules and regulations relative to the imposition of such fees. The amount of any fee shall not exceed the total cost to the state of providing the care subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such provider.

(2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third-party reimbursements and shall be included in the establishment of reimbursement rates.

(3) All fees collected pursuant to this Section shall be paid into the state treasury and after compliance with Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, shall be deposited into the state general fund.

(4) The department shall not impose, adopt, or collect any fee authorized under the provisions of this Section until written approval is received from the secretary of the United States Department of Health and Human Services that adult residential care providers may be considered a "class of providers" for the purposes of 42 CFR 433.56.

B.(1) The department shall adopt and promulgate, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to administer the fees imposed pursuant to this Section, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed. Any such information, other than the amount of fees collected from each provider and the total amount of revenues generated by the fees collected pursuant to this Section, received by any department or agency of the state pursuant to this Section, shall be held confidential.

(2) The department shall adopt and promulgate, pursuant to the Administrative Procedure Act, rules and regulations governing the rights and obligations of those on whom said fees will be imposed. Such rules and regulations shall include the administrative appeal rights and procedures governing disputes arising out of the collection or administration of the fees authorized pursuant to this Section. The department shall be authorized to collect the fees permitted pursuant to this Section by withholding all or part of a provider's regular Medicaid remittance.

C. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized in this Part.

Acts 2006, No. 433, §1, eff. June 15, 2006.
La. Rev. Stat. § 40:78 — LA Code / Code revised-statutes / Title 40 / Section 78
Retroactive operation
Status: in_force

The provisions of this Part relative to controlled access to sealed adoption records and R.S. 9:437 shall all apply to adoption decrees rendered at any time, prior to, as well as after, the effective date of this Chapter.

Acts 1979, No. 776, §1; Acts 1986, No. 876, §1.
La. Rev. Stat. § 40:1646 — LA Code / Code revised-statutes / Title 40 / Section 1646
State fire marshal; owners; life safety systems and equipment inspections; penalties; exceptions
Status: in_force

A. The fire marshal or his designated representative is authorized to cause the inspection, certification, and testing of all life safety systems and equipment in the state, whether in public or private buildings, upon receipt of a complaint, during installation, or after installation to determine compliance with applicable codes, standards, and manufacturer specifications.

B.(1) Except as provided in Paragraph (2) of this Subsection, the owner of any building containing a life safety system and equipment, or the owner's designated representative, shall cause at a minimum an annual inspection and certification to be made of the life safety system and equipment in that building to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of a system.

(2)(a) The provisions of this Subsection shall not apply to the owner of a building with two stories occupied by a single tenant wherein employees of the tenant are regularly inside of the building. The building described in this Paragraph shall not be construed to include a one- or two-family dwelling as defined in R.S. 40:1573.

NOTE: Subparagraph (B)(2)(b) eff. July 1, 2028. See Acts 2025, No. 297.

(b) The owner of a building described in this Paragraph shall cause, at a minimum, a full-load safety test of the conveyance device in five-year intervals to assure compliance with applicable safety standards and to determine whether structural changes in the building or in the contents of the building mandate alteration of the conveyance device.

(3) The owner of any building containing a conveyance device shall cause at a minimum an annual inspection and certification, as outlined in Paragraph (1) of this Subsection, to be physically witnessed by an inspector appointed by the fire marshal.

C. Life safety systems and equipment includes but is not limited to fire sprinkler, fire alarm, fire suppression, special locking systems and equipment, portable fire extinguishers, and conveyance devices.

D. The installing contractor of new life safety systems and equipment shall be on-site for the final inspection by the fire marshal or his designated representative.

E.(1) Whenever the inspecting officer finds that the owner has failed to comply with the provisions of this Section, he shall order the owner to comply with the requirements of this Section.

(2) Whenever the inspecting officer finds life safety systems and equipment to be inoperable or not in compliance with applicable safety standards, the inspecting officer shall order the owner to have the life safety systems and equipment inspected and brought into compliance with applicable safety standards.

(3)(a) Whoever fails to comply with an order issued by the fire marshal may be issued a first warning and ordered to comply with the initial order.

(b) Whoever fails to comply with a second order issued by the fire marshal may be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

(4) The fire marshal may authorize a fire prevention bureau to enforce the provisions of this Section. Nothing in this Section shall be construed to prevent the fire marshal from enforcing the provisions of R.S. 40:1621.

F. A licensed conveyance device mechanic shall be onsite for the final acceptance inspection by a conveyance device inspector.

G.(1) The provisions of this Subsection apply only to inspections of conveyance devices.

(2) When the fire marshal finds that the owner has failed to comply with the provisions of this Section, he shall order the owner's compliance.

(3) When the fire marshal receives a report from an inspector licensed by the office that a conveyance device is inoperable or not in compliance with applicable safety standards, he shall order the owner to have the conveyance device inspected and brought into compliance with applicable safety standards.

(4) Whoever fails to comply with an order issued by the fire marshal shall be first issued a warning and ordered to comply with such order.

(5) The fire marshal may promulgate rules and regulation in accordance with the Administrative Procedure Act to implement to provisions of this Subsection.

H. This Section shall not apply to private outdoor recreational structures pursuant to R.S. 40:1730.30.

Acts 1991, No. 664, §1; Acts 2006, No. 307, §2, eff. Jan. 1, 2007; Acts 2009, No. 130, §1; Acts 2018, No. 92, §1; Acts 2018, No. 598, §1, see Act; Acts 2020, No. 339, §1, eff. June 13, 2020, §2, eff. July 1, 2024, see Act; Acts 2024, No. 753, §1, eff. June 19, 2024; Acts 2025, No. 297, §1, eff. See Act.

NOTE: See Acts 2025, No. 297, §7 regarding superseding of Acts 2018, No. 598.

NOTE: See Acts 2025, No. 297, §8 regarding superseding of Acts 2018, No. 598; Acts 2020, No. 339; Acts 2024, No. 753.
La. Rev. Stat. § 40:1217.13 — LA Code / Code revised-statutes / Title 40 / Section 1217.13
Scientific investigations
Status: in_force

A. The medical center may develop and conduct scientific investigations into the cause, prevention, detection, methods of treatment, and cure of kidney disease, including research in kidney transplantation.

B. The medical center may develop techniques for an effective method of mass testing to detect kidney disease and urinary tract infections.

Acts 1995, No. 951, §1; Acts 1997, No. 557, §1, eff. July 1, 1997; Redesignated from R.S. 40:1300.93 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:526 — LA Code / Code revised-statutes / Title 40 / Section 526
Exempt records
Status: in_force

Notwithstanding any other law with respect to the availability of public records for inspection, the following records of a housing authority are exempt from public disclosure:

(1) All records in the individual file of a resident, former resident, or applicant for public housing.

(2) All records in the individual file of any landlord or individual providing a dwelling that is in any manner administered by a housing authority.

(3) All lists that identify residents, former residents, and applications. However, statistical compilations are not exempt unless, by identification of location, family size, employment, or similar information, a resident, former resident, or applicant may be identified.

(4) The addresses of any dwellings that are assisted, either directly by the action of the housing authority or as a result of the resident's selection. However, statistical compilations are not exempt unless some or all of them may be specifically identified by address as a result of such compilation.

(5) The home address or personal telephone number of any resident, former resident, applicant, or landlord.

(6) Communications within a housing authority or between a housing authority and other public agencies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final authority determination of policy or action.

(7) Any information in the possession of the authority concerning the criminal history or other background information pertaining to any tenant or applicant for assistance.

(8) Information submitted to a housing authority in confidence and not otherwise required by law to be submitted, where such information should reasonably be considered confidential, and the housing authority has obliged itself in good faith not to disclose the information.

(9) Any other material or information that is otherwise exempt from disclosure under applicable law.

Acts 1997, No. 1188, §1.
La. Rev. Stat. § 40:2116.32 — LA Code / Code revised-statutes / Title 40 / Section 2116.32
Licensing of home health agencies; applications; fees, disposition of fees
Status: in_force

A. No person shall open, conduct, manage, or maintain an agency or organization that meets the definition of a home health agency without a license from the department.

B. Except as provided in Subsection D of this Section, no license shall be issued to any home health agency unless that agency meets the minimum standards for home health agencies promulgated by the secretary and all licensure requirements as provided in this Part.

C. All initial applicants shall submit a request in writing to the department on application forms furnished by it. Additional information required by the department shall be provided by the applicant on supplemental forms as needed. The application shall be accompanied by a non-refundable application fee, the amount of which shall be promulgated in the minimum standards. Licenses shall be renewed on an annual basis only for those agencies who are in substantial compliance with minimum standards. In addition the applicant shall:

(1) Provide a line of credit from a licensed lending agency for at least seventy-five thousand dollars as proof of adequate finances to sustain an agency for at least six months.

(2) Show proof of general and professional liability insurance and worker's compensation of at least the amount promulgated in the minimum standards.

(3) Submit resumes for the individuals designated as administrator, director of nursing, alternate administrator, and alternate director of nursing, and other proof of qualifications as determined by the secretary or department. Any changes in the individuals designated or in their qualifications must be submitted prior to the initial survey.

(4) Agree to become fully operational and prepared for initial survey within ninety days after payment of the application fee. If the agency is unable to do so, the application shall be considered closed and the agency shall be prohibited from submitting a new application for one year.

(5) Disclose all felony convictions by submitting proof of criminal background investigations for the owner, administrative persons, and, if the agency is a corporation, all directors.

(6) Disclose in writing any financial or familial relationship with any other entity providing home health care services in the state.

D. A provisional license may be issued to those existing agencies which do not meet criteria for full licensure. Any agency with a provisional license shall pay an additional amount equal to the annual fee for each follow-up survey. Fees shall be paid to the state agency prior to survey being performed and shall be non-refundable. Any such license shall be valid for six months or until its termination date. Such licenses may be issued by the department to any agency when the agency:

(1) Receives more than five violations of minimum standards in a one-year period.

(2) Receives more than three valid complaints in a one-year period.

(3) Has placed a patient at risk according to a documented incident.

(4) Fails to correct deficiencies within sixty days of being cited.

(5) Fails to submit assessed fees after notification by the department.

(6) Has an owner, administrator, or director of nurses that has pled guilty to, pled nolo contendere to, or been convicted of a felony, as shown by a certified copy of the record of the court of conviction, or if the applicant is a firm or corporation, when any of its members or officers, or the person designated to manage or supervise the home care, has been convicted of a felony.

(7) Fails to notify the department, in writing, within thirty days of a change as provided in this Paragraph. Any notification of change shall be accompanied by the appropriate fee. No notification of change can be processed until the appropriate fee has been received by the department. A change shall include a change in any of the following:

(a) Controlling ownership or management.

(b) Administrator/alternate.

(c) Director of nursing/alternate.

(d) Address/telephone number.

(e) Hours of operation.

(f) After-hours contact procedure.

E. An administrative provisional license may be issued to an existing agency that has paid the annual renewal fee when the survey process has not been completed before the expiration of the annual license.

F.(1) The United States Department of Health and Human Services, Health Care Financing Administration has amended its contract with the state, changing the allocation of resources and effectively eliminating all funding for initial licensure surveys and reducing funding for resurveys, complaint investigations, and other activities directly related to quality of care and public safety. Therefore, except for those instances in which the survey is eligible for priority funding under federal guidelines in effect on June 1, 1995, the secretary shall not issue any licenses pursuant to this Part until the department finally publishes a rule, pursuant to the Administrative Procedure Act, in which it certifies to the legislature that the department has sufficient funds to adequately conduct initial licensure surveys after adequately conducting all renewal surveys, complaint investigations, and other activities affecting public safety as required by state law, federal law, and regulation. Said certification shall state whether the department has adequate and sufficient funding to conduct on a timely basis surveys for all pending and expected applications hereunder. If the department's certification states that it has adequate funding for some but not all of the pending and expected applications, said certification shall be accompanied by a rule which shall be promulgated according to the Administrative Procedure Act and which shall set forth the department's proposed method for deciding how applicants will be prioritized for initial surveys. No rules promulgated under this Subsection shall be issued as emergency rules.

(2) At any time after July 1, 2008, if the department is not conducting new licensing surveys, the House Committee on Health and Welfare and the Senate Committee on Health and Welfare, meeting jointly pursuant to their oversight authority, may by a majority vote of each committee recommend to the governor that he instruct the department to promulgate the rules provided in Paragraph (1) of this Subsection and the department shall promulgate such rules.

G. Funds collected by the state agency as license fees shall be deposited in the self-generating fund of the division of licensing and certification and may be used by it for the expenses incurred in administering and enforcing the laws, rules, and regulations relating to the licensing of such organizations and agencies.

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M.; Acts 1985, No. 912, §1; Acts 1985, No. 342, §2, eff. July 9, 1985; Acts 1986, No. 497, §1, eff. July 2, 1986; Acts 1995, No. 1252, §1; Acts 1997, No. 583, §2, eff. July 3, 1997; Acts 2001, No. 863, §2, eff. June 26, 2001; Acts 2003, No. 1191, §2, eff. July 3, 2003; Acts 2018, No. 206, §4.
La. Rev. Stat. § 40:2552 — LA Code / Code revised-statutes / Title 40 / Section 2552
Use of motor vehicle dash cameras
Status: in_force

No later than January 1, 2022, any law enforcement motor vehicle that is equipped with a dash camera that has the technology to automatically record upon the activation of the motor vehicle's police emergency lights shall utilize that technology.

Acts 2021, No. 430, §1.
La. Rev. Stat. § 40:19 — LA Code / Code revised-statutes / Title 40 / Section 19
Domicile of parish health unit
Status: in_force

All parish health units shall have their legal domicile in the parish seat of its particular parish.

Acts 1976, No. 346, §1.
La. Rev. Stat. § 40:1752 — LA Code / Code revised-statutes / Title 40 / Section 1752
Manufacture, transfer, or possession of machine guns unlawful; exceptions
Status: in_force

A. No person shall manufacture, transfer, or possess a machine gun within this state.

B. This Section shall not apply to any of the following:

(1) A transfer to or from, or possession by or under the authority of, the United States or any department or agency thereof.

(2) A transfer to or from, or possession by or under the authority of, any state of the United States or a department, agency, or political subdivision thereof.

(3) Any machine gun that is lawfully manufactured, transferred, or possessed under federal law.

Acts 1932, No. 80, §2; Acts 2023, No. 120, §1.
La. Rev. Stat. § 40:2024.4 — LA Code / Code revised-statutes / Title 40 / Section 2024.4
Functions; duties of the review panel
Status: in_force

A. The functions of the review panel shall include:

(1) Identify and characterize the scope and nature of domestic abuse fatalities in this state and, if the decedent victim is female, report all of the following:

(a) Whether the decedent was pregnant at the time of death.

(b) Is there medical evidence that indicates that the decedent had been recently pregnant but was no longer pregnant at the time of death.

(c) Whether the decedent was single, married, or divorced to the extent such information can be determined.

(2) Research and review trends, data, or patterns that are observed of domestic abuse fatalities.

(3) Review past events and circumstances of domestic abuse fatalities by reviewing records and other pertinent documents of public and private agencies that are responsible for investigating deaths or treating victims.

(4) Research and revise, as necessary, operating rules and procedures for review of domestic abuse fatalities including but not limited to identification of cases to be reviewed, coordination among agencies and professionals involved, and improvement of the identification, data collection, and record-keeping of the causes of domestic violence fatalities.

(5) Recommend systemic improvements to promote improved and integrated public and private systems serving victims of domestic abuse.

(6) Recommend components for prevention and education programs.

(7) Recommend training to improve the identification and investigation of domestic violence fatalities that occur in Louisiana.

B. The review panel may do all of the following:

(1) Establish local and regional panels to which the review panel may delegate some or all of its responsibilities under this Part.

(2) Analyze data available through any state systems that may decrease the incidence of domestic abuse fatalities in this state.

(3) Create formal partnerships with existing local and regional fatality review panels to accomplish its responsibilities under this Section.

Acts 2021, No. 320, §2, See Act.
La. Rev. Stat. § 40:2268.5 — LA Code / Code revised-statutes / Title 40 / Section 2268.5
Commission as body politic; powers
Status: in_force

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

B. The commission may establish and maintain branch or "satellite" laboratories at any location in any member parish.

C. The commission shall promulgate rules and regulations governing the operations of the laboratory specifically to include the conditions under which the laboratory may be utilized and by whom.

Acts 1988, No. 82, §1, eff. June 23, 1988.
La. Rev. Stat. § 40:1666.3 — LA Code / Code revised-statutes / Title 40 / Section 1666.3
Warrants
Status: in_force

A. The funds credited and dedicated as provided in this Part shall be disbursed upon warrants approved and certified by the mayors or parish officials and the fire chiefs of the respective municipalities or parishes coming under the provisions of this Part, which warrants shall have attached to them a detailed list of the names of the employees for whose benefit any particular warrant is drawn, together with the completed years of service of such employees and such other information as the Department of Public Safety and Corrections may require.

B. The mayors or parish officials of the respective municipalities or parishes shall forward the approved and certified warrants to the Department of Public Safety and Corrections and, after obtaining approval of the board as provided in R.S. 40:1666.8, on the basis of such warrants, the Department of Public Safety and Corrections shall issue payments representing the amount to be paid out of state funds to each employee in accordance with the provisions of this Subsection. The secretary shall issue payments to the individual employees in whose favor they are drawn by such means as he shall determine.

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

D. The additional compensation paid by the state to municipal or parish fire department employees as provided by this Part shall be included in the calculation and computation of the total wages paid to the employee in the determination of employer contributions to any retirement system or pension fund of which such employee may be a member as well as in the determination of retirement eligibility and benefits which may accrue to the employee under any retirement system or pension fund, as well as in the determination of any other employee benefits, sick leave, or disability pay to which the employee might be entitled.

Acts 1963, No. 82, §4A. Amended by Acts 1964, No. 349, §1; Acts 1967, No. 82, §1; Acts 1978, No. 496, §1; Redesignated from R.S. 33:2004. See Acts 2014, No. 158, §§3 and 7; Acts 2023, No. 298, §1, eff. July 1, 2023.
La. Rev. Stat. § 40:1257.3 — LA Code / Code revised-statutes / Title 40 / Section 1257.3
Standards for services; prohibition
Status: in_force

No healthcare provider shall contract with or hire a transportation company to provide NEMT services if that company does not meet local, city, and state requirements to provide nonemergency medical transportation as defined in this Part and in administrative rules of the department.

Acts 2022, No. 638, §1.
La. Rev. Stat. § 40:1211.1 — LA Code / Code revised-statutes / Title 40 / Section 1211.1
Screening mammography permitted
Status: in_force

A. Notwithstanding any provision of law to the contrary, including but not limited to R.S. 37:3213 and R.S. 37:3219, any person who may legally perform a mammography in this state may perform a screening mammography without the direction by prescription of a licensed practitioner.

B. A facility offering screening mammography may request a referral for a screening mammogram from a physician licensed to practice medicine by the Louisiana State Board of Medical Examiners.

Acts 2001, No. 1116, §2; Redesignated from R.S. 40:1300.181 by HCR 84 of 2015 R.S.
La. Rev. Stat. § 40:1061.18 — LA Code / Code revised-statutes / Title 40 / Section 1061.18
Abortion sought due to rape or certain acts of crime against nature; reporting and certification
Status: in_force

A. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of rape, prior to the abortion all of the following requirements shall be met:

(1) The rape victim shall report the rape to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion, the victim was too physically or psychologically incapacitated to report the rape.

(2) The victim certifies that the pregnancy is the result of rape, which certificate shall be witnessed by the treating physician.

B. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of crime against nature as defined by R.S. 14:89(A)(2), prior to the abortion all of the following requirements shall be met:

(1) The victim of crime against nature as defined by R.S. 14:89(A)(2) shall report the act to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion the victim was too physically or psychologically incapacitated to report the act.

(2) The victim certifies that the pregnancy is the result of crime against nature as defined by R.S. 14:89(A)(2), which certificate shall be witnessed by the treating physician.

C. The failure of the victim to comply with Subsection A or B, as applicable, shall not subject the victim to the provisions of R.S. 40:1061.28.

D. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of rape or crime against nature as defined by R.S. 14:89(A)(2), the victim may request spiritual counseling and shall be offered the same informed consent information, without the seventy-two-hour or twenty-four-hour delay, whichever may be applicable pursuant to R.S. 40:1061.17(B), prior to the performance of the abortion.

Acts 1994, 4th Ex. Sess., No. 1, §1, eff. Aug. 23, 1994; Acts 2005, No. 421, §1; Acts 2014, No. 602, §6, eff. June 12, 2014; Redesignated from R.S. 40:1299.35.7 by HCR 84 of 2015 R.S.; Acts 2016, No. 97, §1.