reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1010. Evaluation; data analysis; reporting

RS 40:1010 - Evaluation; data analysis; reporting
A. The board shall, in consultation with and upon recommendation of the advisory council, design and implement an evaluation component to identify cost benefits of the prescription monitoring program and other information relevant to policy, research, and education involving controlled substances and drugs monitored by the prescription monitoring program.
B. The board shall report to the appropriate legislative oversight committees on a periodic basis, but in no case less than annually, the cost benefits and other information contained in Subsection A of this Section.
Acts 2006, No. 676, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1011. Rules and regulations

RS 40:1011 - Rules and regulations
In accordance with the Administrative Procedure Act, R.S. 49:950 et seq., the board shall promulgate rules and regulations necessary to implement the provisions of this Part.
Acts 2006, No. 676, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1012. Authority to contract

RS 40:1012 - Authority to contract
In accordance with the Public Bid Law, R.S. 38:2211 et seq., the board shall have the authority to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. Any contractor shall be bound to comply with provisions regarding confidentiality of prescription information in R.S. 40:1007 and further shall be subject to the penalties specified in R.S. 40:1009 for unlawful acts.
Acts 2006, No. 676, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1013. Funding authority

RS 40:1013 - Funding authority
A. The board shall have the authority to make application for, receive, and administer grant funding from public or private sources for the development, implementation, or enhancement of the prescription monitoring program.
B. In the event the legislature provides full funding for the prescription monitoring program, no fees shall be levied as provided in this Section.
C. The board shall have the authority to levy and collect an annual fee from each of the following practitioners in possession of authority to prescribe or dispense controlled dangerous substances: physicians, podiatrists, dentists, optometrists, advanced practice registered nurses, physician assistants, medical psychologists, or any other person subsequently authorized by law to prescribe controlled dangerous substances. The board shall also have the authority to levy and collect an annual fee from each pharmacy licensed by the board. The annual fee levied and collected from each person enumerated in this Subsection and each pharmacy shall not exceed twenty-five dollars.
D. The board shall not be required to fund any aspect of the prescription monitoring program.
Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 144, §1; Acts 2013, No. 27, §1, eff. May 23, 2013.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1014. Severability

RS 40:1014 - Severability
If any provision of this Act or application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable.
Acts 2006, No. 676, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1022. Determination of drug paraphernalia

RS 40:1022 - Determination of drug paraphernalia
In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Law.
(3) The proximity of the object to controlled substances.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of the Uniform Controlled Dangerous Substances Law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Dangerous Substances Law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
(6) Instructions, oral or written, provided with the object concerning its use.
(7) Descriptive materials accompanying the object which explain or depict its use.
(8) National and local advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
(11) The existence and scope of legitimate use for the object in the community.
(12) Expert testimony concerning its use.
Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1023. Prohibited acts

RS 40:1023 - Prohibited acts
A. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug paraphernalia.
B. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to display for sale or possess with the intent to distribute, any drug paraphernalia.
C. It is unlawful for any person to use, or to possess with intent to use, any drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Part.
D. Repealed by Acts 1990, No. 517, §2, eff. July 18, 1990.
Added by Acts 1980, No. 669, §1; Acts 1990, No. 517, §§1 and 2, eff. July 18, 1990; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1023.1. Prohibited acts; unmarried persons under seventeen years of age

RS 40:1023.1 - Prohibited acts; unmarried persons under seventeen years of age
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.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1024. Exceptions; defenses; local needle exchanges

RS 40:1024 - Exceptions; defenses; local needle exchanges
A. Any provision of law to the contrary herein notwithstanding, the provisions of this Part shall not apply to the manufacture, sale, distribution, or advertisement of any product or object designed and sold primarily for scientific research, industrial, veterinary, or agricultural purposes, or for bona fide medical or clinical use.
B. It shall be an affirmative defense that the person to whom the drug-related object or advertisement or notice was distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance for which the object is primarily intended to be used. It is also an affirmative defense that the drug-related object was designed or marketed as useful primarily for veterinary or agricultural purposes.
C. Any provision of law to the contrary herein notwithstanding, the provisions of this Part shall not prohibit the establishment and implementation of a needle exchange program within the jurisdiction of a local governing authority, including but not limited to a city, town, or parish, upon the express approval of the local governing authority.
Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2017, No. 40, §1, eff. June 3, 2017; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1025. Penalties

RS 40:1025 - Penalties
A.(1) The first violation of or failure to comply with any provision of this Part shall subject the offender to a fine not in excess of three hundred dollars, or imprisonment of not more than fifteen days, or both.
(2) A conviction for a violation of the provisions of this Part may not be used as a predicate conviction for enhancement purposes under Subsections B and C of this Section if the offender has not been convicted of any violation of the controlled dangerous substances law for a period of two years from the date of completion of sentence, probation, parole, or suspension of sentence for that conviction. The provisions of this Paragraph shall apply only once with respect to any person.
B. On a second conviction, the offender shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
C. On a third or subsequent conviction, the offender shall be fined not more than two thousand five hundred dollars, or imprisoned, with or without hard labor, for not more than two years, or both.
D. If the second or subsequent conviction is by any person licensed under the occupational license tax law, as provided in R.S. 47:341 et seq., or by such person's manager, agent, servant, or employee, then such person shall forfeit the right to any permit issued thereunder and such permit may be suspended or revoked.
Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006; Acts 2016, No. 246, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1026. Contraband; condemnation proceedings

RS 40:1026 - Contraband; condemnation proceedings
All instruments, devices, and objects which are seized after the effective date of this Section, on condemnation as being distributed or possessed in violation of this Part, may be destroyed by the authorities making the seizure, but only after compliance with the following procedure. Within ninety days after any seizure is made after the effective date of this Section, the district attorney shall institute condemnation proceedings in district court by petition, a copy of which shall be served upon the owner of the seized items, if known. If the owner is unknown, notice of the proceedings shall be published once a week for two weeks in the official journal of the parish. The petition shall allege that the seized items were distributed or possessed in violation of this Part. Fifteen days after the filing of the petition, judgment by default shall be entered by the court, and the court shall order the seized items to be destroyed. Otherwise, the case shall proceed as other civil cases in said court. If the prosecution proves, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of the law, the court shall order the seized items to be destroyed.
Added by Acts 1980, No. 669, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1031. Purpose

RS 40:1031 - Purpose
It is the purpose of this Part to establish a permit system to allow animal control facilities to acquire and administer sodium pentobarbital for the humane euthanasia of sick, homeless, and abandoned animals.
Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1032. Permit

RS 40:1032 - Permit
No animal control agency or facility shall purchase, possess, or administer sodium pentobarbital to sick, homeless, injured, or unwanted pets or other domestic and wild animals for their humane euthanasia without the permit required by this Part.
Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1033. Permit application

RS 40:1033 - Permit application
Any duly incorporated humane society contracted to perform animal control services by a parish or municipality or any parish or municipal animal control agency may apply to the secretary of the Louisiana Department of Health for a permit to purchase, possess, and administer sodium pentobarbital for the humane euthanasia of animals.
Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1034. Permit issuance and conditions

RS 40:1034 - Permit issuance and conditions
A. The secretary shall not issue a permit to purchase, possess, or administer sodium pentobarbital for the humane euthanasia of animals unless the following criteria have been met:
(1) The animal control agency or facility is a duly incorporated humane society contracted to perform animal control services by a parish or municipality or a parish or municipal animal control agency.
(2) The animal control agency has on staff a certified euthanasia technician, as provided in R.S. 37:1551 et seq.
(3) Any other criteria which may be established by the department pursuant to R.S. 40:1036.
B. The permit shall designate a sole responsible person for the duration of the permit to oversee the purchase, possession, and administration of sodium pentobarbital, which such person shall be a certified euthanasia technician.
Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1035. Permit revocation or suspension; inspections

RS 40:1035 - Permit revocation or suspension; inspections
A. The secretary may revoke or suspend any permit issued hereunder if it is determined that sodium pentobarbital is being used for any purpose other than humane animal euthanasia or that the permitted facility has failed to abide by the regulations promulgated by the secretary for the safe and efficient purchase, possession, or administration of sodium pentobarbital.
B. The department shall inspect any permitted animal control facility to determine compliance with this Chapter or any rules or regulations promulgated pursuant thereto.
Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1036. Rules and regulations

RS 40:1036 - Rules and regulations
The department may promulgate any rules and regulations necessary to effectuate the purposes of this Chapter.
Acts 1987, No. 225, §2; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1041. Transactions involving proceeds from drug offenses

RS 40:1041 - Transactions involving proceeds from drug offenses
A. It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds known to be derived from a violation of R.S. 40:966 et seq. when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or the control of the proceeds known to be derived from such violation or to avoid a transaction reporting requirement under state or federal law.
B. It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport, maintain an interest in, or otherwise make available anything of value known to be for the purpose of committing or furthering the commission of any violation of R.S. 40:966 et seq.
C. It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of R.S. 40:966 et seq.
D. It is unlawful for any person to knowingly or intentionally receive or acquire proceeds derived from any violation of R.S. 40:966 et seq., or to knowingly or intentionally engage in any transaction involving proceeds from any such violations. The provisions of this Section shall not include any transaction between an individual and his attorney, that is necessary to preserve that individual's right to representation by counsel, as guaranteed by the Sixth Amendment of the United States Constitution, and Article I Section 13 of the Constitution of Louisiana. However, this shall not affect the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of R.S. 40:966 et seq., as provided by R.S. 40:2601 through 2622.
E. Any person who is convicted of violating this Section shall be imprisoned for not more than ten years, with or without hard labor, or fined not more than ten thousand dollars, or both.
Added by Acts 1989, No. 370, §1; Acts 2004, No. 165, §1; Acts 2006, No. 676, §3, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1046.4. Testing; sample collection; minimum standards; reporting; remediation

RS 40:1046.4 - Testing; sample collection; minimum standards; reporting; remediation
A.(1) Each contractor permitted to cultivate, extract, process, produce, and transport therapeutic marijuana pursuant to this Part shall comply with approved minimum standards by making each batch of therapeutic marijuana subject to random selection, sampling, and analysis conducted by an independent approved laboratory collector in a volume sufficient to ensure compliance.
(2) Each therapeutic marijuana laboratory licensed according to this Part shall maintain test results for no less than three years.
(3) The laboratory shall record test results in the Louisiana Medical Marijuana Tracking System and produce a certificate of analysis to be delivered to the Louisiana Department of Health and contractor permitted to cultivate, extract, process, produce, and transport therapeutic marijuana within twenty-four hours of test completion.
B. Each batch of medical marijuana finished product shall pass all applicable testing standards, including appropriate microbial and fungal limits, acceptable standards for pesticide chemical residues, appropriate residual solvent and heavy metals limits, homogeneity for concentrates and extracts, and complete active ingredient analysis or potency analysis prior to transportation to a medical marijuana pharmacy. The administrative rules of the Louisiana Department of Health shall allow for a variance of no greater than plus fifteen percent or minus fifteen percent from the labeled amount of active ingredients in the ingredient analysis or potency analysis.
C.(1) Neither a contractor nor an approved laboratory authorized pursuant to this Part shall release or approve a therapeutic marijuana product for delivery or sale until a sample from the applicable product batch has complied with all required testing standards.
(2) A contractor may resubmit to an approved laboratory any sample that fails one or more initial tests required by this Part. The sample may be released for delivery and sale only if it passes all tests conducted by an approved laboratory in duplicate. The sample may be remediated according to any reasonably acceptable industry methods if it fails one or more tests conducted by an approved laboratory.
(3) Any remediated sample shall pass remediation testing in duplicate prior to approval for delivery and sale.
(4) A product may be remediated only once, and any product failing remediation testing shall be destroyed within sixty days of the failed test, in addition to the timely destruction of the entire batch from which the sample was collected.
Acts 2022, No. 491, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1047. Permits relating to production of therapeutic marijuana; contractors of licensed producers; permit application requirements; authorization to obtain criminal history record information

RS 40:1047 - Permits relating to production of therapeutic marijuana; contractors of licensed producers; permit application requirements; authorization to obtain criminal history record information
A. As used in this Section, the following terms have the meaning ascribed to them in this Subsection:
(1) "Applicant" means a natural person, a corporation, limited liability company, partnership, joint stock association, sole proprietorship, joint venture, business association, cooperative association, professional corporation or any other legal entity or organization through which business is conducted.
(2) "Contractor" means any person, partnership, joint venture, limited liability company, corporation, association, joint stock association, sole proprietorship, trust, other business entity, or juridical person whether incorporated or not selected by either the Louisiana State University Agricultural Center or the Southern University Agricultural Center through a competitive bid process to cultivate, extract, process, produce, and transport therapeutic marijuana.
(3) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.
(4) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.
(5) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.
(6) Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.
B.(1) No applicant for a specialty license or permit for the production of recommended marijuana for therapeutic use issued pursuant to R.S. 40:1046(H) or a contractor shall be required to undergo a suitability investigation conducted by any government agency as a prerequisite to obtaining a license or permit.
(2) A contractor shall submit to a criminal history background check conducted by a government agency or private entity subject to any applicable terms and conditions of the contract between the university licensee and contractor. The requirement to undergo a criminal history background check shall be limited to employees of a contractor for the production of recommended marijuana for therapeutic use. The government agency designated to regulate licensees for the production of recommended marijuana for therapeutic use pursuant to R.S. 40:1046 shall issue a provisional permit to the contractor and shall be converted to an unconditional permit upon successful completion of the criminal history background check.
C. Unless otherwise provided by law, nothing in this Section shall be construed to limit or prohibit a contractor from considering the results of a background check of a prospective employee in making the final determination of whether to employ the person.
D. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.
E. Repealed by Acts 2022, No. 628, §2, eff. June 18, 2022.
Acts 2016, No. 96, §1, eff. May 19, 2016; Acts 2022, No. 271, §4; Acts 2022, No. 628, §§1, 2, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.2. Legislative findings

RS 40:1049.2 - Legislative findings
A. The Louisiana Legislature recognizes the devastating effect methamphetamine production has had on its citizens.
B. Methamphetamine is unique in that it is a synthetic drug which can be produced by someone who does not possess specialized skill or training, is highly addictive, and can be made from inexpensive readily accessible ingredients.
C. Methamphetamine has been reported as one of the most addictive and deadly drug threats in the United States. The use of methamphetamine can result in fatal kidney and lung disorders, brain damage, liver damage, chronic depression, psychosis, hallucinations, and many other devastating physical and mental effects.
D. Louisiana has experienced a drop in methamphetamine production as restrictions on the sale of ephedrine, pseudoephedrine, and phenylpropanolamine have been implemented.
E. Methamphetamine is not only deadly because of the devastating effects of drug addiction, but the production of methamphetamine has resulted in several laboratory explosions and the exposure of our citizens to death, injury, or toxic substances.
F. While the production of methamphetamine has resulted in devastating effects on Louisiana citizens, the drugs used in making methamphetamine: ephedrine, pseudoephedrine, and phenylpropanolamine have legitimate medical uses.
G. The Legislature of Louisiana hereby finds and declares that a pharmacist is in the unique position of dispensing nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine and interacting with the patient at the point of purchase of these products. This relationship with the consumer and the pharmacists' specialized knowledge about the pharmaceutical qualities of products containing ephedrine, pseudoephedrine, and phenylpropanolamine make the pharmacy the best location for the sale of those products to ensure the health and safety of Louisiana's citizens.
H. The Louisiana Legislature, in enacting the provisions of this Part, seeks to provide for the legitimate medical needs of our citizens while at the same time protecting our citizens against the devastating effects of methamphetamines and methamphetamine production.
I. In order to assist law enforcement and prosecutorial agencies in addressing the growing problems associated with methamphetamine production, a real time electronic database is needed to record purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine at a pharmacy.
J. Technology is available to record all purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine at the point of sale and to transmit that information to a centralized location to be monitored and maintained in a central computer monitoring system operated by the Louisiana State Police.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.4. Central computer monitoring system; system requirements

RS 40:1049.4 - Central computer monitoring system; system requirements
A. In order to facilitate the monitoring of sales of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine the pharmacist, certified pharmacy technician, or other pharmacy employee shall record all of the following information at the point of sale regarding the transaction:
(1) The date of the transaction.
(2) The name and address of the purchaser verified through photo identification of the purchaser as provided for in R.S. 40:1049.3(B)(1).
(3) The name, quantity of packages, and total gram weight of the product or products purchased, received, or otherwise acquired.
B. Upon recordation of the transaction information, the pharmacy shall transmit the information immediately to a central computer system for purposes of monitoring the sales of these products as provided for in this Section.
C. The central computer system authorized by the provisions of this Section shall be designed and operated to allow the monitoring and reading of sales information regarding products containing ephedrine, pseudoephedrine, and phenylpropanolamine at the point of sale instantly and on a real-time basis.
D. The central computer system authorized by the provisions of this Section shall be located within and administered by the Department of Public Safety and Corrections, office of state police.
E. The central computer monitoring system shall provide for the monitoring of sales of compounds containing ephedrine, pseudoephedrine, and phenylpropanolamine and shall be capable of providing an online computer alert, to ensure direct scrutiny of conditions which would violate the provisions of this Part by law enforcement.
F. The provisions of this Part shall not be construed to require that any pharmacy maintain the transaction records required under the provisions of this Part separate from the log book that is required under 21 U.S.C. 830(e). Use of the central computer monitoring system as required by this Part shall be deemed to satisfy both of these purposes.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.5. Funding sources; no fees on pharmacists or pharmacies

RS 40:1049.5 - Funding sources; no fees on pharmacists or pharmacies
A. Funding for the acquisition, implementation, and operation of the central computer monitoring system shall be funded through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.
B. Thereafter, the maintenance of the central computer monitoring system shall be funded through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.
C. The Department of Public Safety and Corrections, office of state police, and the Louisiana Sheriffs' Association may actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the central computer monitoring system, provided that such gifts, grants, and donations are not otherwise prohibited by law or rule.
D. No fee shall be charged to any pharmacist or pharmacy to defray the costs of acquiring, implementing, or maintaining the central computer monitoring system as authorized by the provisions of this Part, nor shall any fee be charged to any pharmacist or pharmacy for the transmission of information to the central computer monitoring system.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.6. Shared information; state police; sheriffs

RS 40:1049.6 - Shared information; state police; sheriffs
A. The Department of Public Safety and Corrections, office of state police shall share the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part and provide instant access to the Louisiana Sheriffs' Association.
B. The Department of Public Safety and Corrections, office of state police, is authorized to enter into a cooperative endeavor, memorandum of understanding, contract, or any other agreement with the Louisiana Sheriffs' Association, or any other law enforcement agency in order to share the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part and to provide instant access to all appropriate law enforcement agencies.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.7. Board of pharmacy access to information

RS 40:1049.7 - Board of pharmacy access to information
The Department of Public Safety and Corrections, office of state police, shall provide access to the information regarding the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine as authorized by the provisions of this Part to the Louisiana Board of Pharmacy.
Acts 2009, No. 314, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.8. Pharmacists, certified pharmacy technician, or pharmacy employee not required to stop sale; may report

RS 40:1049.8 - Pharmacists, certified pharmacy technician, or pharmacy employee not required to stop sale; may report
A.(1) The provisions of this Part shall not be construed to require a pharmacist, certified pharmacy technician, or pharmacy employee to prohibit or complete a sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine even if the pharmacist, certified pharmacy technician, or other employee observes a warning or signal from the central computer monitoring program which indicates that the purchaser has purchased those products in amounts which exceed the amount which can be purchased by law.
(2) The provisions of this Part shall not be construed to limit a pharmacist's professional judgment as otherwise provided for by law or rules adopted by the Louisiana Board of Pharmacy.
B. A pharmacist, certified pharmacy technician, or pharmacy employee may report suspected violations of this Section or any other law to any local, state, or federal law enforcement agency, or the appropriate prosecutorial agency for further investigation or prosecution.
C. No pharmacist, certified pharmacy technician, or pharmacy employee who in good faith reports suspected violations as provided for in this Part shall be liable to any person or entity for any claim of damages as a result of the act of reporting the information, and no lawsuit may be predicated thereon.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.9. Licensed practitioner with prescriptive authority exempted

RS 40:1049.9 - Licensed practitioner with prescriptive authority exempted
A health care practitioner with prescriptive authority who is licensed in the state of Louisiana shall be exempt from the requirements of the provisions of this Part in dispensing any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to his patient.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.10. Transmission of information contingent on functionality of central computer monitoring system

RS 40:1049.10 - Transmission of information contingent on functionality of central computer monitoring system
A. The transmittal of transaction information of products containing ephedrine, pseudoephedrine, and phenylpropanolamine as authorized by the provisions of this Part is contingent upon the acquisition, implementation, and operation of the central computer monitoring system.
B. No licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be required to transmit data to the central computer monitoring system until the funding for the acquisition and implementation of the central computer monitoring system has been secured through appropriation, gifts, grants, donations, or any other funding sources not otherwise prohibited by law.
C. No pharmacy, licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be held responsible for failure to transmit transaction information as required by this Part if at any time the central computer monitoring system is rendered inoperable due to natural disaster, tampering, or any other reason.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1049.11. Limitation of liability

RS 40:1049.11 - Limitation of liability
A. The owner or operator of a retail pharmacy, who has submitted to the United States Attorney General a self-certification in accordance with the requirements of 21 U.S.C. 830(e) regarding training of employees engaged in the sale of products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be liable for violations of this Part by the retail pharmacy's employees.
B. No licensed pharmacist, certified pharmacy technician, or pharmacy employee at a pharmacy located in Louisiana and permitted by the Louisiana Board of Pharmacy shall be personally liable for any act or omission resulting in damage, injury, or loss arising out of the dispensing of a compound containing ephedrine, pseudoephedrine, or phenylpropanolamine and the transmittal of that transaction to the central computer monitoring program as authorized by the provisions of this Part; however, this limitation of liability shall not be applicable if the damage, injury, or loss was caused by the gross negligence or willful or wanton misconduct of the pharmacist, certified pharmacy technician, or pharmacy employee.
Acts 2009, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.2. Regulations declaring aerosol products; variations and exemptions; judicial review of determinations

RS 40:1057.2 - Regulations declaring aerosol products; variations and exemptions; judicial review of determinations
A. Whenever in the judgment of the secretary such action will promote the objectives of this Chapter by avoiding or resolving uncertainty as to its application, the secretary may by regulation declare such aerosol product to be a hazardous aerosol, for the purposes of this Chapter.
B. If the secretary finds that the requirements of R.S. 40:1057.1(11) or R.S. 40:1057.3(a) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous aerosol, he may by regulation establish such reasonable variations or additional label requirements as he finds necessary for the protection of the public health and safety, and any such hazardous aerosol product intended or packaged in a form suitable for use in the household or by children, which fails to bear a label in accordance with such regulations, shall be deemed to be a misbranded hazardous aerosol.
C. If the secretary finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Part is impracticable or is not necessary for the adequate protection of the public health and safety, the secretary shall promulgate regulations exempting such substance from these requirements to the extent he determines to be consistent with adequate protection of the public health and safety.
D. If the secretary finds that the hazard of an article subject to this Chapter is such that labeling adequate to protect the public health and safety cannot be devised or that the article presents an imminent danger to the public health and safety, the secretary may declare such article to be a banned hazardous aerosol and require its removal from commerce.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.3. Regulations on aerosols; warnings; mandatory reporting

RS 40:1057.3 - Regulations on aerosols; warnings; mandatory reporting
A. Any warning on aerosol products shall be prominently located in relation to the brand name and shall be displayed in bold type. In addition, all ingredients must be listed in bold type.
B. All manufacturers of aerosol products containing toxic substances or which shall have fatal warnings on the containers shall file the proper treatment in case of misuse with the department. The department shall be responsible for compiling a list of such treatments and forwarding such list on a periodic basis as determined by the secretary to the Louisiana State Medical Society for review, and then distribution to all poison centers and other medical personnel and emergency treatment centers who may have cause to use such treatment.
C. Mandatory reporting of accidental or deliberate use causing injury and/or sudden deaths by involvement with aerosol products shall be required of physicians and coroners. Such reports shall be made directly to the office of health services and environmental quality of the Louisiana Department of Health. The department is directed to:
(1) Establish the necessary operations to receive statistics of use causing injury or deaths by aerosols.
(2) Forward statistical information to the Department of Education and other specified agencies on a quarterly basis.
(3) Direct coroners or pathologists who perform autopsies to be cognizant of the possible involvement of aerosols in the case being examined and particularly in the sudden death of youths.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.4. Prohibited acts

RS 40:1057.4 - Prohibited acts
The following acts and the causing thereof are hereby prohibited:
(1) The introduction or delivery for introduction into commerce of any misbranded hazardous aerosol or banned hazardous aerosol.
(2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous aerosol if such act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the aerosol being a misbranded hazardous aerosol or a banned hazardous aerosol.
(3) The receipt in commerce of any misbranded hazardous aerosol or banned hazardous aerosol and the delivery or proffered delivery thereof for pay or otherwise.
(4) The giving of a guarantee or undertaking referred to in R.S. 40:1057.5(B)(b) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous substance.
(5) The use by any person to his own advantage, or revealing other than to the secretary or officers or employees of the department or to the courts when relevant in any judicial proceeding under this Part, of any information acquired concerning any method or process which as a trade secret is entitled to protection.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.5. Penalties

RS 40:1057.5 - Penalties
A. Any person who violates any of the provisions of R.S. 40:1057.3 or R.S. 40:1057.4, shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than five hundred dollars or to imprisonment for not more than ninety days, or both, but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than three thousand dollars, or both such imprisonment and fine.
B. No person shall be subject to the penalties of Subsection (A) of this Section, (a) for having violated R.S. 40:1057.4(3), if the receipt, delivery, or proffered delivery of the aerosol product was made in good faith, unless he refuses to furnish, on request of an officer or employee duly designated by the secretary, the name and address of the person from whom he purchased or received such hazardous aerosol, and copies of all documents, if any there be, pertaining to the delivery of the hazardous aerosol to him; or (b) for having violated R.S. 40:1057.4(1), if he establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous aerosol, to the effect that the hazardous aerosol is not a misbranded hazardous or a banned hazardous aerosol within the meaning of those terms in this Chapter.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.8. Hearing before report of criminal violation

RS 40:1057.8 - Hearing before report of criminal violation
It shall be the duty of each district attorney, parish attorney, or city attorney to whom the secretary reports any violation of this Chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this Part is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the secretary or his designated agent, either orally or in writing, or by attorney, with regard to such contemplated proceeding.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.9. Regulations

RS 40:1057.9 - Regulations
The authority to promulgate regulations for the efficient enforcement of this Chapter is hereby vested in the secretary.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.13. Repurchase

RS 40:1057.13 - Repurchase
A. In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous aerosol, such article or substance shall, in accordance with regulations of the secretary, be repurchased.
B. For the purposes of this Section, (a) the term "manufacturer" includes an importer for resale, and (b) a dealer who sells at wholesale an aerosol shall with respect to that sale be considered the distributor of that aerosol.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1057.14. Time of taking effect

RS 40:1057.14 - Time of taking effect
This Chapter becomes effective upon signature by the governor or, if not signed or vetoed by the governor, upon expiration of the time for laws of the 1975 Regular Session of the Legislature to become effective without action by the governor, as provided by Article III, Section 18 of the 1974 Constitution of the State of Louisiana; however, no penalty or order of court shall be enforced for any violation of this Chapter which occurs prior to the expiration of such prescribed period or periods, by the secretary, ending not more than twelve months after July 17, 1975, as the secretary may prescribe on the basis of a finding that conditions exist which necessitate the prescribing of such additional period or periods; provided, that the secretary may limit the application of such additional period or periods to violations related to specified provisions of this Chapter, or to specified kinds of hazardous aerosols or packages thereof.
Added by Acts 1975, No. 590, §1, eff. July 17, 1975. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.