reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1102. Redesignated to R.S. 40:1085.2 by HCR 84 of 2015 R.S.

RS 40:1102 - Redesignated to R.S. 40:1085.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1103. Redesignated to R.S. 40:1085.3 by HCR 84 of 2015 R.S.

RS 40:1103 - Redesignated to R.S. 40:1085.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1103.1. Short title

RS 40:1103.1 - Short title
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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1103.2. Definitions

RS 40:1103.2 - Definitions
As used in this Part:
(1) "Board" means the Louisiana State Board of Medical Examiners.
(2) "Department" means the Louisiana Department of Health.
Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.152 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1103.3. Standard written summary of breast cancer alternatives

RS 40:1103.3 - Standard written summary of breast cancer alternatives
A. Pursuant to the provisions of this Part and no later than March 1, 2000, the department, in consultation with the Louisiana Cancer and Lung Trust Fund Board, shall develop a standard written summary of the advantages, disadvantages, risks, and descriptions of the procedures regarding medically viable and efficacious alternative methods of treatment for breast cancer including surgical, radiological, or chemotherapeutic treatments or combinations thereof. Thereafter, the department shall review and, if necessary, revise the summary every three years; however, the department shall revise the summary prior to the three-year review if the department determines that new or revised information should be included in the summary.
B. At a minimum, the summary shall incorporate all of the following:
(1) Information regarding any method of treatment for breast cancer that is in the investigational or clinical trial stage and is recognized for treatment by the Physician's Data Query of the National Cancer Institute.
(2) Available telephone numbers, including but not limited to, toll-free numbers for the National Cancer Institute and the American Cancer Society, to allow a breast cancer patient to obtain current information.
(3) A discussion of breast cancer reconstruction surgery, including but not limited to problems, benefits, and alternatives.
(4) Statistics on the incidence of breast cancer.
C.(1) The summary shall be developed using layman's terminology and shall be written in generally understandable language.
(2) The board shall have the summary printed and the printed copies made available to physicians and surgeons upon their request. Furthermore, the board shall establish a distribution system for the summary that is linked to the renewal of a physician's license.
Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.153 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1103.4. Requirement of notification; recordation

RS 40:1103.4 - Requirement of notification; recordation
A. On and after July 1, 2000, a treating physician or surgeon shall inform his patient diagnosed with any form of breast cancer of the alternative efficacious methods of treatment by discussing such alternative methods of treatment with his patient and by providing his patient with the summary as provided in this Part. If the treating physician or surgeon informs his patient of the alternative methods of treatment and provides his patient with the summary prior to the performance of a biopsy to determine whether or not his patient has breast cancer, the requirement to inform and to provide the summary to a patient diagnosed with breast cancer shall be deemed to have been met.
B. On and after July 1, 2000, the failure of a physician or surgeon to discuss such alternative methods of treatment with his patient or to provide the summary to his patient prior to beginning treatment for any form of breast cancer shall be considered unprofessional conduct and cause for the board to take action as provided by R.S. 37:1285.
C. The treating physician or surgeon shall indicate on his patient's medical chart the date and time that he has discussed alternative methods of treatment with his patient and has given his patient the summary as required by this Section.
Acts 1999, No. 199, §1; Redesignated from R.S. 40:1300.154 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1103.5. Information and access to breast reconstructive surgery

RS 40:1103.5 - Information and access to breast reconstructive surgery
Every hospital licensed by the Louisiana Department of Health pursuant to R.S. 40:2100 et seq., and every Louisiana physician who provides mastectomy surgery, lymph node dissection, or a lumpectomy shall provide information to the patient concerning the option of reconstructive surgery following such procedures, including the availability of coverage for reconstructive surgery, in accordance with the state insurance law and applicable provisions of federal law. The information shall be provided to the patient in writing and in advance of obtaining consent to the surgical procedure. At a minimum, the information provided shall include the following:
(1) A description of the various reconstructive options and the advantages and disadvantages of each.
(2) A description of the provisions assuring coverage by public and private insurance plans of the costs related to reconstructive surgery under federal and state law.
(3) A description of how a patient may access reconstructive care, including the potential of transferring care to a facility that provides reconstructive care or choosing to pursue reconstruction after completion of breast cancer surgery and chemotherapy or radiotherapy, if warranted.
(4) Other information as may be required by the secretary of health, consistent with information developed by the Louisiana Department of Health and the Louisiana Cancer and Lung Trust Fund Board and circulated to providers and patients by the Louisiana State Board of Medical Examiners.
Acts 2018, No. 580, §1, eff. May 31, 2018.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1104. Redesignated to R.S. 40:1085.4 by HCR 84 of 2015 R.S.

RS 40:1104 - Redesignated to R.S. 40:1085.4 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105. Redesignated to R.S. 40:1085.5 by HCR 84 of 2015 R.S.

RS 40:1105 - Redesignated to R.S. 40:1085.5 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.1. Definitions

RS 40:1105.1 - Definitions
As used in this Part:
(1) "Board" shall mean the Louisiana Cancer and Lung Trust Fund Board.
(2) "Health care provider" shall mean every licensed health care facility and licensed health care provider, as defined in R.S. 40:1231.1(A), in the state of Louisiana.
(3) "Office" shall mean the office of the president.
(4) "Participating hospital" shall mean every hospital operating as such in the state of Louisiana.
(5) "Pathology laboratory" shall mean every pathology laboratory located or doing business in the state of Louisiana.
(6) "President" shall mean the president of the Louisiana State University System or his designee.
(7) "Radiation center" shall mean every freestanding radiation diagnostic and treatment facility in the state of Louisiana.
Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.80 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.2. Cancer registry program; data; statewide

RS 40:1105.2 - Cancer registry program; data; statewide
The president of the Louisiana State University System shall establish in the office of the president a statewide registry program for reporting cancer cases for the purpose of gathering statistical data to aid in the assessment of cancer incidence, survival rates, possible causes of specific cancers, and other related aspects of cancer in Louisiana. The program shall collect and disseminate cancer incidence data on a statewide level in accordance with the provisions of this Part.
Added by Acts 1978, No. 653, §1. Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.81 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.3. Powers; duties

RS 40:1105.3 - Powers; duties
The president shall:
(1) Collaborate with each participating health care provider and radiation center in the state of Louisiana to establish a uniform statewide registry system for collecting cancer incidence data and shall promulgate rules and regulations therefor in accordance with policies established by the board.
(2) Establish quality control programs and a training program for health care providers and the personnel of the participating radiation centers.
(3) Cooperate with the National Cancer Institute, the United States Centers for Disease Control and Prevention, and other national and international cancer surveillance programs designated by the Louisiana Tumor Registry in providing cancer data.
(4) Comply with reporting procedures and requirements established by the board for tumor registry.
(5) Collaborate in studies with clinicians and epidemiologists and publish reports on the results of such studies, and
(6) Establish, in accordance with policies of the board, rules and regulations to provide for the confidentiality of a patient's records.
(7) Establish and promulgate, in accordance with policies established by the board, the rules and regulations necessary to effectuate the purposes of this Part.
(8) Contract with private tumor registries for the collection and furnishing of data to the statewide registry and for the necessary planning and coordination incident thereto.
Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Acts 2003, No. 225, §1; Redesignated from R.S. 40:1299.82 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.4. Authority

RS 40:1105.4 - Authority
In addition to other authority, the president may:
(1) Accept on behalf of the state any federal funds to assist in meeting the cost of carrying out purposes of this Part.
(2) Accept on behalf of the state funds from any private agency, such as the American Cancer Society, to assist in the cost of carrying out the purposes of this Part.
(3) Repealed by Acts 1985, No. 345, §1, eff. July 9, 1985.
Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 1985, No. 345, §1, eff. July 9, 1985; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.83 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.5. Participation in program

RS 40:1105.5 - Participation in program
A. Any health care provider or radiation center diagnosing or providing treatment to cancer patients shall report each case of cancer to the president in a format prescribed by the president within six months of admission or diagnosis. If the facility fails to report in a format prescribed by the president, the president may enter the facility, obtain the information, and report it in the appropriate format. In these cases, the facility shall reimburse the president for the cost of obtaining and reporting the information.
B. Any health care provider or radiation center diagnosing or providing treatment to cancer patients shall report each cancer case. In addition, health care providers shall furnish follow-up data on each cancer patient when requested.
C. Any health care provider or radiation center which provides diagnostic or treatment services to patients with cancer shall report any additional demographic, diagnostic, or treatment information requested by the president concerning any person presently or previously receiving services who has or had a malignant tumor. Additionally, the president shall have physical access to all records which would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient.
Added by Acts 1978, No. 653, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.84 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.6. Reports; liability for

RS 40:1105.6 - Reports; liability for
A. No action for damages arising from the disclosure of confidential or privileged information may be maintained against any person, or the employer or employee of any person, who participates in good faith in the reporting of cancer registry data or data for cancer morbidity or mortality studies in accordance with this Part.
B. No license of a health care provider may be denied, suspended, or revoked for good faith disclosure of confidential or privileged information or the reporting of cancer registry data or data for cancer morbidity studies in accordance with this Part.
C. Nothing in this Part shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.
D. All information reported pursuant to this Part shall be confidential and privileged. The president shall take strict measures to ensure that all identifying information is kept confidential.
E. All information regarding case-specific data, as distinguished from group, tabular, or aggregate data concerning patients or health care providers contained in records of interviews, written reports, and statements procured by the president or by any other person, agency, or organization acting in connection with cancer morbidity and mortality studies shall be confidential and privileged and shall be used solely for the purposes of the study. Nothing in this Section shall prevent the president from publishing compilations relating to morbidity and mortality studies which do not identify case-specific data or sources of information.
Added by Acts 1978, No. 653, §1; Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.85 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.7. Advisory functions

RS 40:1105.7 - Advisory functions
A. The tumor registry shall be operated under policies developed by the board and administered by the president.
B. The board shall establish policies for the development, accumulation, and distribution of data obtained under this Part.
C. The board shall exercise its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with R.S. 36:802. The terms "secretary" and "undersecretary" as used in such Section and as applicable to the board shall mean the president or the president's designee.
Added by Acts 1978, No. 653, §1. Amended by Acts 1982, No. 812, §1; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.86 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.8.2. Cancer data; electronic notifications and reports

RS 40:1105.8.2 - Cancer data; electronic notifications and reports
The Louisiana Tumor Registry shall develop and publish on its website a mechanism by which individuals may elect to receive in electronic format notifications and reports issued by the tumor registry.
Acts 2017, No. 373, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.10. Annual cancer report

RS 40:1105.10 - Annual cancer report
A. The office of the president shall annually publish a comprehensive report based on available information on the incidence of cancer in Louisiana and the progress made in reducing or eliminating the high cancer rates in Louisiana.
B. The office of the president shall cause the report to be submitted by March thirty-first of each year to the governor, the speaker of the House of Representatives, the president of the Senate, the House and Senate committees on health and welfare, and the governing body of each parish in the state of Louisiana.
C. Repealed by Acts 2022, No. 252, §3.
Added by Acts 1983, No. 711, §1. Amended by Acts 1995, No. 1197, §1, eff. June 29, 1995; Acts 2001, No. 197, §1; Redesignated from R.S. 40:1299.89 by HCR 84 of 2015 R.S.; Acts 2017, No. 373, §1; Acts 2022, No. 252, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.11. Annual lung cancer report

RS 40:1105.11 - Annual lung cancer report
A. The Louisiana Cancer and Lung Trust Fund Board shall annually publish a comprehensive report on the incidence of lung cancer in Louisiana and the progress made in reducing or eliminating the high lung cancer rates in Louisiana. The report shall place special emphasis on the lung cancer rate in the southern portion of the state.
B. The report shall be submitted to the governor, the speaker of the House of Representatives, the president of the Senate, and the House and Senate Committees on Health and Welfare.
C. Repealed by Acts 2022, No. 252, §3.
Acts 1984, No. 468, §1; Redesignated from R.S. 40:1299.90 by HCR 84 of 2015 R.S.; Acts 2022, No. 252, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1105.13. Breast Cancer Control Program

RS 40:1105.13 - Breast Cancer Control Program
A. The Women's Health Program, office of public health, Louisiana Department of Health, shall provide a statewide Breast Cancer Control Program of preventive, health, and medical care that concentrates on breast cancer detection, prevention, and treatment. The purpose of this program is to supplement and maximize current resources and to expand and increase the services presently offered. This program shall provide mammography examinations and shall provide services and education necessary to prevent or reduce the occurrence of breast cancer and increase the statewide mammography utilization rate, subject to available funding derived from any available source.
B.(1) In this Section, "mammography examination" means mammographic examinations, including but not limited to digital breast tomosynthesis, performed routinely according to age requirements as set forth by department regulations, or performed no less frequently than required by a treating physician.
(2) In this Section, "digital breast tomosynthesis" means a radiologic procedure that involves the acquisition of projection images over the stationary breast to produce cross-sectional digital three-dimensional images of the breast.
C. To implement the provisions of this Section, there shall be a breast cancer control agent in each of the Louisiana Department of Health regions, and all agents shall provide individual annual reports to the Louisiana Cancer and Lung Trust Fund Board. The breast cancer control agents will be responsible for increasing the statewide mammography utilization rate by launching a statewide initiative and community outreach program to educate the public about the benefits of early detection and treatment of breast cancer. The breast cancer control agents shall seek additional sources of funding, both public and private, including federal grants made available to states through 42 U.S.C. 300(k) et seq.
D. All health care facilities providing mammography examinations under this program shall be certified in accordance with 42 U.S.C. 263(b).
E. The department shall adopt all regulations necessary to implement the provisions of this Section.
F. The Breast Cancer Control Program established by this Section shall be funded through the Health Excellence Fund created by Article VII, Section 10.8(A)(2) of the Constitution of Louisiana and the Louisiana Fund created by Article VII, Section 10.9(A) of the Constitution of Louisiana, both of which allow appropriations for the provision of comprehensive chronic disease management services.
Acts 2000, 1st Ex. Sess., No. 131, §1; Redesignated from R.S. 40:1299.90.2 by HCR 84 of 2015 R.S; Acts 2018, No. 494, §2, eff. January 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1106. Redesignated to R.S. 40:1085.6 by HCR 84 of 2015 R.S.

RS 40:1106 - Redesignated to R.S. 40:1085.6 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1107. Redesignated to R.S. 40:1085.7 by HCR 84 of 2015 R.S.

RS 40:1107 - Redesignated to R.S. 40:1085.7 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1107.1. Purpose

RS 40:1107.1 - Purpose
The legislature hereby finds and declares that:
(1) Cystic fibrosis is a chronic and life-threatening genetic disorder affecting respiratory, digestive, and other bodily functions which requires medical treatment and care on a continuing basis.
(2) The cost and expense associated with the care and treatment of cystic fibrosis imposes severe hardships and burdens upon individuals suffering from cystic fibrosis and upon those responsible for the cost of such care and treatment, which without some form of public or private medical and financial assistance can and does result in the inability and failure of affected individuals to obtain proper and adequate medical care essential to the treatment of this condition.
(3) One of the serious problems facing medicine and the public health and welfare today is that while assistance and services are available to individuals with cystic fibrosis under the age of twenty-one through the Children's Special Health Services program, such services are not available to individuals with cystic fibrosis who are twenty-one years of age or older, and for many such individuals there are no other sources of public or private aid available for obtaining needed medical care and treatment.
(4) The legislature recognizes that recent medical advances and improvements in the care and treatment of cystic fibrosis have resulted in increases in life span of affected individuals and in a growing population of persons suffering from cystic fibrosis who are twenty-one years of age or older, and that there is an immediate need to make proper and adequate medical treatment and care available to such individuals in order to afford them every opportunity to develop and realize their fullest human potential and to enhance the quality of life.
Added by Acts 1983, No. 498, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.118 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1107.2. Programs for individuals with cystic fibrosis who are twenty-one years of age or older

RS 40:1107.2 - Programs for individuals with cystic fibrosis who are twenty-one years of age or older
A. The secretary of the Louisiana Department of Health, through the Children's Special Health Services program in the office of public health established pursuant to R.S. 40:1071 et seq., shall make available and provide services and assistance to individuals with cystic fibrosis who are twenty-one years of age or older under the same terms, conditions, requirements, and criteria as are applied under the program to persons with cystic fibrosis under twenty-one years of age, to the extent that funds are appropriated by the legislature for the purpose of providing such services.
B. The secretary is authorized to promulgate such rules and regulations as are necessary and appropriate to carry out the provisions of this Part.
Added by Acts 1983, No. 498, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.119 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1107.3. Funds

RS 40:1107.3 - Funds
The department may receive monies from any source, including state and federal funds, grants, and gifts which shall be expended for the purposes designated in this Part.
Added by Acts 1983, No. 498, §1; Redesignated from R.S. 40:1299.120 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1108. Redesignated to R.S. 40:1085.8 by HCR 84 of 2015 R.S.

RS 40:1108 - Redesignated to R.S. 40:1085.8 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1109.1. Definitions

RS 40:1109.1 - Definitions
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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1109.2. Public information concerning Down syndrome

RS 40:1109.2 - Public information concerning Down syndrome
A. The department shall identify current, evidence-based, written information concerning Down syndrome that meets all of the following criteria:
(1) Has been reviewed by medical experts and national and local Down syndrome organizations.
(2) Is designed for use by an expectant parent who receives a prenatal test result for Down syndrome or a parent of a child who receives a diagnosis of Down syndrome.
(3) Does not engage in discrimination based on disability or genetic variation by explicitly or implicitly presenting pregnancy termination as a neutral or acceptable option when a prenatal test indicates a probability or diagnosis that the unborn child has Down syndrome or any other health condition.
(4) Is culturally and linguistically appropriate for potential recipients of the information and includes all of the following:
(a) Information addressing physical, developmental, educational, and psychosocial outcomes, life expectancy, clinical course, and intellectual and functional development and treatment options for individuals with Down syndrome.
(b) Contact information for national and local Down syndrome education and support programs and services, including information hotlines, resource centers, and clearinghouses.
B. With respect to public information concerning Down syndrome, the department shall do all of the following:
(1) Provide the information identified pursuant to Subsection A of this Section to healthcare facilities and healthcare providers that furnish prenatal care, postnatal care, or genetic counseling to expectant parents who receive a prenatal test result for Down syndrome and parents of a child diagnosed with Down syndrome.
(2) Make available the information identified pursuant to Subsection A of this Section on its Internet website.
C.(1) Upon receipt of a positive result from a test for Down syndrome, a healthcare facility or healthcare provider shall provide to the expectant parent or the parent of the child diagnosed with Down syndrome the written information provided or made available by the department pursuant to Subsection B of this Section.
(2) All information provided pursuant to the provisions of this Section shall be culturally and linguistically appropriate for the recipient of the information, and shall not engage in discrimination based on disability or genetic variation by explicitly or implicitly presenting pregnancy termination as a neutral or acceptable option when a prenatal test indicates a probability or diagnosis that the unborn child has Down syndrome or any other health condition.
Acts 2014, No. 352, §1; Redesignated from R.S. 40:1300.392 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1111.1. Short title

RS 40:1111.1 - Short title
This Part shall be known and may be cited as the "Hepatitis C Education, Prevention, Screening, and Treatment Act".
Acts 1999, No. 796, §1; Acts 2001, No. 940, §1; Redesignated from R.S. 40:1300.161 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1111.2. Legislative findings; purpose

RS 40:1111.2 - Legislative findings; purpose
A. The legislature hereby finds that:
(1) Hepatitis C is classified as a silent killer where no recognizable signs or symptoms occur until severe liver damage has occurred.
(2) Hepatitis C has been characterized by the World Health Organization as a disease of primary concern to humanity.
(3) Studies indicate that one and eight tenths percent of the population, nearly four million Americans, carry the virus HCV that causes hepatitis C.
(4) The National Institutes of Health (NIH) estimated that thirty thousand acute new infections occur each year in the United States and only twenty-five to thirty percent of those are diagnosed.
(5) Current data sources indicate that eight to ten thousand Americans die from hepatitis C each year.
B. It is the intent of the legislature to provide education, heighten awareness, and enhance knowledge and understanding of hepatitis C in order to promote prevention and early detection of the disease and to prevent the transmission thereof.
Acts 1999, No. 796, §1; Acts 2001, No. 940, §1; Redesignated from R.S. 40:1300.162 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1113.1. Definitions

RS 40:1113.1 - Definitions
As used in this Part:
(1) "Autologous donations" means the donation or collection of blood, blood products, or tissue from a patient strictly intended for that patient's own future use.
(2) "Health care provider" means a person, partnership, corporation, facility, or institution licensed by the state or federal government to provide health care or professional services as a physician, osteopath, hospital, blood bank or tissue bank and/or an officer, employee, or agent thereof acting in the course and scope of his employment.
(3) "HIV test" means a laboratory test approved by the Louisiana Department of Health to detect antibodies to the human immunodeficiency virus.
(4) "Patient" means a natural person who receives health care from a health care provider.
(5) A "positive reaction" means a positive HIV test with a positive confirmatory test, including, but not limited to the western blot.
Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.141 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1113.2. Blood and tissue storage facilities; test for HIV

RS 40:1113.2 - Blood and tissue storage facilities; test for HIV
A. A blood bank, tissue bank, or other blood or tissue storage facility shall perform an HIV test on the blood or tissue of all donors or cause such test to be performed. A blood or tissue storage facility shall not accept a blood or tissue donation from a donor whose HIV test results in a positive reaction unless:
(1) The secondary, corroborative HIV test provides evidence that the first HIV test was a false positive reaction.
(2) The blood, tissue, or a product of the blood of the donor will only be used for research purposes.
B. The results of the tests performed pursuant to this Section shall be released only to:
(1) The subject of the test;
(2) The subject's or patient's treating physician;
(3) A health care provider who procures, processes, distributes, or uses an anatomical gift for the sole purpose of ascertaining the medical acceptability of the anatomical gift;
(4) The coroner, funeral director, or other person who examines or prepares the body of a decedent for burial or other disposition; or
(5) The office of public health of the Louisiana Department of Health for the restricted purpose of controlling the spread of communicable diseases as authorized by Title 36 and Title 40 of the Louisiana Revised Statutes and by the Louisiana State Sanitary Code.
Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.142 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1113.3. Administration of blood, tissue, fluids to patient

RS 40:1113.3 - Administration of blood, tissue, fluids to patient
No physician, osteopath, hospital, blood bank, or tissue bank, or such health care provider's officers, employees, or agents authorized by law to administer blood, tissue, or fluids shall administer to a patient blood, blood products, body tissue, or body fluids donated by another individual unless:
(1) The donated blood, blood products, body tissue, or body fluids have been subjected to an HIV test; and
(2) The HIV test performed produced a negative result.
Acts 1987, No. 234, §1; Acts 2010, No. 129, §1, eff. June 8, 2010; Redesignated from R.S. 40:1299.143 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1113.4. Emergencies

RS 40:1113.4 - Emergencies
The provisions of this Part shall not be applicable in emergency situations, which are hereby defined to include but not be limited to those situations in which a patient is in imminent danger of death or great bodily harm and blood or tissue screened pursuant to this Part is not available.
Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.144 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1113.5. Penalty

RS 40:1113.5 - Penalty
Whoever violates the provisions of this Part shall be fined not more than two thousand dollars.
Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.145 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1113.6. Rules and regulations

RS 40:1113.6 - Rules and regulations
The secretary of the Louisiana Department of Health shall promulgate rules and regulations necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.
Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.146 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1113.7. Autologous donations

RS 40:1113.7 - Autologous donations
The provisions of this Part shall not be construed or interpreted to prohibit or exclude autologous donations or preparation, handling and storage of autologous donations of blood, blood products, body tissue, or body fluids for the intended purpose of transfusions or reimplantation into the original donor.
Acts 1987, No. 234, §1; Redesignated from R.S. 40:1299.147 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1115.1. Clinical laboratories; estimated glomerular filtration rate (eGFR)

RS 40:1115.1 - Clinical laboratories; estimated glomerular filtration rate (eGFR)
A. A clinical laboratory licensed in this state pursuant to R.S. 37:1270 and which tests specimens to determine the serum creatinine level of a patient eighteen years of age or older, as ordered or prescribed by a health care professional authorized to make such an order or prescription, shall calculate the patient's estimated glomerular filtration rate (eGFR).
B. The estimated glomerular filtration rate shall be determined by using information as is provided by the health care professional or patient, as applicable. The testing laboratory shall only be required to provide the eGFR if necessary information is provided by the patient or patient's health care professional.
C. The laboratory shall include the patient's estimated glomerular filtration rate with its report to the health care professional.
D. The requirements of this Section shall not apply to any specimen that is being tested in accordance with a clinical trial or research or to any specimen that is being tested for a patient admitted as an inpatient.
Acts 2006, No. 595, §1; Redesignated from R.S. 40:1181 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1117.1. Persons admitted and committed to sanatoria

RS 40:1117.1 - Persons admitted and committed to sanatoria
A. Any indigent person suffering from tuberculosis who is a bona fide resident of Louisiana may be admitted to any state-operated hospital upon the handwritten recommendation of any registered physician and upon being found a fit subject entitled to such admission after investigation under regulations made by the Louisiana Department of Health. Except as hereinafter provided, these regulations shall govern all such admissions without distinction and nothing in this Section empowers the Louisiana Department of Health to make special rules or exceptions governing individual specific cases. All regulations as to admission shall be general in character.
B. The Louisiana Department of Health shall also admit to any state-operated hospital any person having tuberculosis who has been sentenced by any district court in the state for violating those provisions of the state sanitary code dealing with isolation or quarantine of communicable disease and who at the discretion of the court has been specifically committed to serve his sentence at such a hospital. This provision shall not be construed to mean that the Louisiana Department of Health must provide security measures at the hospital for retaining these offenders. Furthermore, if any person committed to a state-operated hospital by court order for violating those provisions of the sanitary code dealing with isolation or quarantine of communicable disease creates a grave disciplinary problem and tends to disrupt the efficient operation of that institution, or leaves without completing his sentence and without authority, the superintendent of the hospital shall petition the court which committed the person to transfer that person to the hospital section of the state penitentiary or to order that person to be apprehended and committed to that institution for the remainder of his sentence.
Amended by Acts 1960, No. 356, §2; Acts 1966, No. 384, §1; Acts 1977, No. 508, §1; Acts 1977, No. 519, §1; Acts 2001, No. 1032, §14; Redesignated from R.S. 40:1172 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1119.1. Tuberculosis testing for admission to nursing homes

RS 40:1119.1 - Tuberculosis testing for admission to nursing homes
Any person applying for admission to a nursing home, as defined in R.S. 40:2009.2(1), shall be screened, according to guidelines established by the Louisiana Department of Health, for tuberculosis prior to admission. If the results of the screening are positive, the person shall consult with his treating physician and the nursing home administrator of the nursing home that he is applying to to determine if admission to such nursing home is in the best interest of the applicant as well as other patients residing in such nursing home.
Acts 1992, No. 423, §1; Redesignated from R.S. 40:1300.31 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121. Redesignated to R.S. 40:1279.1 by HCR 84 of 2015 R.S.

RS 40:1121 - Redesignated to R.S. 40:1279.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.1. Definition

RS 40:1121.1 - Definition
In this Subpart, "venereal disease" means syphilis, gonorrhea, chancroid, or any other infectious disease primarily transmitted from one person to another by means of a sexual act.
Acts 2007, No. 153, §1; Redesignated from R.S. 40:1061 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.2. Infection of others prohibited

RS 40:1121.2 - Infection of others prohibited
It is unlawful for any person to inoculate or infect another person in any manner with a venereal disease or to do any act which will expose another to inoculation or infection with a venereal disease.
Redesignated from R.S. 40:1062 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.3. Testing of donors of semen specimens; use of specimens; penalties

RS 40:1121.3 - Testing of donors of semen specimens; use of specimens; penalties
A. No public or private health facility, agency, or physician which provides human artificial insemination services on an anonymous basis shall use fresh semen specimens. The provisions of this Section shall not be construed or interpreted in any way to prohibit the use of a wife's spouse's semen for artificial insemination purposes.
B. A health facility, agency, or physician which provides human artificial insemination services on an anonymous basis using frozen semen shall test each semen donor for the presence in the donor of HIV-1 antibodies, which have been associated with acquired immune deficiency syndrome (AIDS). The donated semen shall be stored and quarantined until the HIV-1 antibodies test and a second test six months from the date of donation are completed. A regular donor may be tested for the presence of HIV-1 antibodies on a regular basis, but shall be tested at least once every six months. A health facility, agency, or physician shall not accept or use for artificial insemination purposes:
(1) Any semen specimen, except that of a wife's spouse, from a donor who has not been subjected to an initial HIV-1 antibodies test which produced a negative result and subjected to a second test six months later which produced a negative result; or
(2) Any semen specimen from a donor whose first or subsequent HIV-1 antibodies test result is positive, unless a corroborative HIV-1 test provides evidence that the positive HIV-1 test result was a false positive reaction.
C. The results of the tests performed pursuant to this Section shall be released only to the subject of the test; the subject's treating physician; or the office of public health of the Louisiana Department of Health for the limited purpose of statistical summary and analysis.
D. The Louisiana Department of Health shall promulgate rules to implement the provisions of this Section.
E. A health facility, agency, or physician which violates any of the provisions of this Section shall be fined not more than two thousand dollars, and shall be liable for damages in a civil action.
Acts 1988, No. 680, §1; Redesignated from R.S. 40:1062.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.4. Examination of persons suspected of being infected

RS 40:1121.4 - Examination of persons suspected of being infected
The Louisiana Department of Health, hereinafter referred to as the "department," through an authorized medical representative appointed for that purpose, may give a physical examination to any person suspected of being infected with a venereal disease. The examination shall be given under conditions thought reasonable by the department. No person shall fail or refuse to submit to this examination.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1063 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.5. Isolation, quarantine, or internment of persons affected

RS 40:1121.5 - Isolation, quarantine, or internment of persons affected
Any person affected with a venereal disease is subject to isolation, quarantine, or internment, on the order of the department, and shall submit to any treatment for such a time and under such restrictions as seems reasonable and proper to the department.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1064 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.6. Expedited partner therapy

RS 40:1121.6 - Expedited partner therapy
A. The purpose of this Section is to allow for the provision of medications or prescriptions by any physician licensed to practice medicine in this state or any advanced practice registered nurse who is licensed to practice nursing in this state, or any physician assistant, who is licensed to practice in this state, provided such physician or nurse or physician assistant has the authority to write prescriptions in this state, to individuals who may have been exposed to gonorrhea or chlamydia. Expedited partner therapy is hereby authorized absent a doctor-patient relationship and absent clinical assessment.
B. Notwithstanding any other provisions of law to the contrary, any physician or any advanced practice registered nurse who diagnoses or does a nurse clinical assessment or any physician assistant who performs an examination of a case of chlamydia or gonorrhea in an individual patient may prescribe, furnish, or otherwise provide prescription antibiotic drugs to that patient's sexual partner or partners absent a doctor-patient relationship or absent an advanced practice registered nurse-patient relationship and without examination or nurse clinical assessment or physician assistant examination of that patient's sexual partner or partners.
C. If expedited partner therapy is chosen as an alternative, the patient with a case of chlamydia or gonorrhea will be given a written document that he agrees to give to his sexual contact. The document will contain, but will not be limited to, the following information:
(1) The sexual contact should be examined and treated by a physician, advanced practice registered nurse or physician assistant, if at all possible.
(2) The medicine or prescription for medicine given to the sexual contact by the patient should not be taken by the contact if the contact has a history of allergy to the antibiotic or to the pharmaceutical class of antibiotic in which case the sexual contact should be examined and treated by a physician, advanced practice registered nurse or physician assistant and offered another type of antibiotic treatment.
(3) The medicine or prescription for medicine given to the sexual contact by the patient should not be taken by the contact if the contact is pregnant, in which case the sexual contact should be examined by the prenatal care health care provider.
D. Any pharmacist licensed to practice pharmacy in this state may recognize a prescription authorized by this Section as valid notwithstanding any other provision of law or administrative rule to the contrary.
E. The provisions of this Section which relate to expedited partner therapy shall be implemented according to rules promulgated by the secretary of the Louisiana Department of Health in accordance with the Administrative Procedure Act.
Acts 2008, No. 449, §1, eff. June 25, 2008; Redesignated from R.S. 40:1064.1 by HCR 84 of 2015 R.S.