reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1721. Restrictions on advertising reserved to legislature

RS 37:1721 - Restrictions on advertising reserved to legislature
No state board, commission, department, bureau, or similar agency of the state regulating the practice of a trade or profession and exercising rulemaking powers shall make any rule or regulation which limits or restricts the right to advertise, provided that this Section shall not apply to any board, commission, department, bureau, or similar agency of the state created and regulated under the rulemaking power of the Supreme Court of Louisiana or to the Louisiana State Board of Medical Examiners, the Louisiana State Board of Barber Examiners, the Louisiana State Board of Dentistry, the State Board of Certified Public Accountants of Louisiana, Louisiana Board of Pharmacy, the Louisiana Board of Chiropractic Examiners, the Louisiana Board of Veterinary Medicine, and the Louisiana State Board of Optometry Examiners, and further provided that nothing herein contained shall be construed to prevent the prohibition of false or misleading advertising by any board, commission, department, bureau, or similar agency of the state. The right to regulate advertising except as herein provided is reserved to the legislature.
Added by Acts 1960, No. 369. Acts 1989, No. 678, §1; Acts 1991, No. 77, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1731.1. Medical services during declared state of emergency; limitation of liability

RS 37:1731.1 - Medical services during declared state of emergency; limitation of liability
A. Medical personnel who, in good faith and regardless of compensation, render or fail to render emergency care, health care services or first aid during a declared state of emergency when the state of emergency affects the rendering of medical care shall not be liable for any civil damages or injury as a result of any act or omission related to the rendering of or failure to render services, unless the damages or injury was caused by gross negligence or willful and wanton misconduct.
B. As used in this Section:
(1) "During a declared state of emergency" means during the period of time set forth in a declaration of the governor in accordance with R.S. 29:724 and shall include the time period as set forth in the declaration and shall also be retroactive to the precipitating event requiring the declaration.
(2) "Health care services" means any act or treatment performed or furnished or which should have been performed or furnished, by a health care provider for, to, or on behalf of a person.
(3) "Medical personnel" means an individual or person subject to the provisions of R.S. 37:1731, regardless of compensation.
Acts 2008, No. 539, §1, eff. June 30, 2008.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1732.1. Immunity from liability for volunteer supervising physicians

RS 37:1732.1 - Immunity from liability for volunteer supervising physicians
A. A physician licensed to practice medicine by the Louisiana State Board of Medical Examiners, who gratuitously volunteers to supervise a licensed healthcare professional performing ultrasound procedures at a nonprofit pregnancy resource center in this state, shall not be liable for any civil damages as a result of any act or omission in the supervising or performing of the ultrasound procedure, or the interpretation of the results of the procedure, unless the damage or injury was caused by willful or wanton misconduct or gross negligence.
B. For the purposes of this Section:
(1) " Licensed healthcare professional" means a licensed healthcare professional who is qualified in this state and trained to perform ultrasound procedures.
(2) " Nonprofit pregnancy resource center" means an organization qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1954, as amended, that provides pregnancy information and counseling services to an individual at no cost.
Acts 2008, No. 417, §1, eff. June 21, 2008; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1733. Dentists' peer review committee; immunity

RS 37:1733 - Dentists' peer review committee; immunity
Any dentist who serves on a peer review committee or any dentist or physician who serves as a consultant to a peer review committee established by a dental society or association to review any controversy or dispute involving a patient, dentist or provider of dental benefits shall not be liable to any person for damages as a result of any action taken or recommendation made by him within the scope of his function as a member of or consultant to such peer review committee if such action was taken or recommendation made without malice. No dental association or dental society shall be liable for damages for any action taken or recommendation made by a peer review committee or any member of said committee or consultant to said committee.
Added by Acts 1975, No. 697, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1734. Chiropractors' peer review committee; immunity

RS 37:1734 - Chiropractors' peer review committee; immunity
Any chiropractor who serves on a peer review committee or chiropractic board of examiners or any chiropractor who serves as a consultant to a peer review committee established by a chiropractic society or association to review any controversy or dispute involving a patient, chiropractor, or provider of chiropractic benefits, shall not be liable to any person for damages as a result of any action taken or recommendation made by him within the scope of his function as a member of or consultant to such peer review committee or chiropractic board of examiners if such action was taken or recommendation made without malice. No chiropractic association or chiropractic society shall be liable for damages for any action taken or recommendation made by a peer review committee or chiropractic board of examiners or any member of said committee, board or consultant to said committee or board.
Added by Acts 1977, No. 486, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1735. Immunity from liability for volunteer firemen

RS 37:1735 - Immunity from liability for volunteer firemen
A. It is hereby declared to be the public policy of Louisiana that volunteer firefighting is vital to public safety. A decline in the number of volunteer firefighters represents a threat to the public. It is therefore in the best interest of the public for Louisiana to encourage its citizens to participate in volunteer firefighting by providing such volunteers immunity from civil liability.
B. A volunteer fireman shall not be individually liable for civil damages as a result of acts or omissions when performing any of the following acts:
(1) Rendering firefighting emergency or rescue services while in the performance of his duties at the scene of an emergency.
(2) Conducting normal functions of the fire department or organization as defined by Subsection E of this Section.
C. The immunity provided by Paragraph (B)(2) of this Section shall apply only to liability for civil damages as a result of acts or omissions resulting in injury or death of another volunteer fireman or damage to his property.
D. The provisions of this Section shall not apply to any of the following:
(1) Travel by a volunteer fireman while in a personal vehicle, including but not limited to travel to and from the scene of a fire, emergency, or rescue.
(2) Damages caused by the intentional act or omission or gross negligence or willful or wanton misconduct of the volunteer fireman.
E. As used in this Section:
(1) "Normal function" means any of the following:
(a) Training sponsored by the fire department or organization.
(b) Preparation for and maintenance requirements of the Louisiana Property Insurance fire suppression rating.
(c) Maintenance of all fire suppression equipment and emergency or rescue service equipment.
(2) "Volunteer fireman" means any person who is a member of an organized volunteer fire department and who acts according to his duties as a firefighter, as assigned by the fire department or organization or its employees or agents.
Acts 1986, No. 601, §1; Acts 1987, No. 687, §1; Acts 1992, No. 610, §1, eff. July 2, 1992; Acts 2013, No. 196, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1736. Immunity from liability for architects, engineers, and land surveyors

RS 37:1736 - Immunity from liability for architects, engineers, and land surveyors
A. As used in this Section, the following terms shall have the following meanings:
(1) "Architect" means a person registered and licensed pursuant to the provisions of R.S. 37:141 et seq.
(2) "Building inspection official" means any federal, state, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or event has occurred.
(3) "Law enforcement official" means any federal, state, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or event has occurred.
(4) "Professional engineer" means a person licensed under the provisions of Chapter 8 of this Title, as defined in R.S. 37:682.
(5) "Professional land surveyor" means a person licensed under the provisions of Chapter 8 of this Title, as defined in R.S. 37:682.
(6) "Public official" means any federal, state, or local official with overall executive responsibility in the jurisdiction in which the emergency or event has occurred.
(7) "Public safety official" means any federal, state, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which the emergency or event has occurred.
B. An architect, a professional engineer, or professional land surveyor who voluntarily, without compensation, provides architectural, structural, electrical, mechanical or other engineering services, or land surveying services related to a declared federal, state, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, flood, or other similar disaster or catastrophic event at the request of or with the approval of a federal, state, or local public official, law enforcement official, public safety official, or building inspection official acting in an official capacity, shall not be liable for any personal injury, wrongful death, property damage, or other loss related to the architect's, professional engineer's, or professional land surveyor's acts, errors, or omissions in the performance of any architectural, engineering, or land surveying services for any structure, building, piping, or other engineered system, either publicly or privately owned.
C. The immunity provided in this Section shall apply only to voluntary architectural, engineering, or land surveying services that occur during the emergency.
D. Nothing in this Section shall provide immunity for gross negligence for wanton, willful, or intentional misconduct.
Acts 1997, No. 1062, §1; Acts 2003, No. 279, §5.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1738. Immunity from liability; gratuitous emergency care to minor

RS 37:1738 - Immunity from liability; gratuitous emergency care to minor
A. There shall be no liability on the part of a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing a minor in distress from a locked motor vehicle as provided in this Section. The immunity from liability for property damage to a motor vehicle as provided herein does not affect a person's liability for bodily injury suffered by the minor while the person was rescuing the minor. There shall be no liability on the part of the owner of the vehicle for any conduct that might otherwise be actionable in defending his vehicle.
B. The immunity provided by Subsection A of this Section shall apply only if the person:
(1) Makes a good-faith attempt, based on the circumstances known to the person at the time, to locate the owner of the motor vehicle before entering, forcibly or otherwise, the vehicle.
(2) Contacts the local law enforcement agency, the fire department, or the 911 emergency operator before entering the motor vehicle forcibly or otherwise.
(3) Determines the motor vehicle is locked and has a good-faith belief that there are no other reasonable means for the minor to be removed from the vehicle.
(4) Believes that removal of the minor from the motor vehicle is necessary because the minor is in imminent danger of suffering harm.
(5) Uses force that was reasonably necessary under the circumstances to enter the motor vehicle to rescue the minor.
(6) Places a notice on the windshield of the motor vehicle providing details of the person's contact information, the reason the entry was made, the location of the minor, and notice that the proper authorities have been notified.
(7) Remains with the minor in a safe location, out of the elements of nature but reasonably close to the motor vehicle, until emergency responders from law enforcement, or fire, arrive, unless the person cannot remain with the minor, in which case the person shall notify the local law enforcement agency, the fire department, or the 911 emergency operator, as applicable, before leaving the motor vehicle, and shall then take the minor to the closest police station, or hospital, as applicable.
C. As used in this Section:
(1) "In distress" means any condition that endangers the health or well-being of a minor due to heat, cold, lack of adequate ventilation, or any other circumstances that could reasonably be expected to cause suffering, disability, or death.
(2) "Minor" means a person who has not reached the age of eighteen.
(3) "Unattended" means a minor who has been left in a motor vehicle when the driver or operator of the vehicle is more than ten feet from the vehicle and unable to continuously observe the minor.
Acts 2018, No. 360, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1738.1. Immunity from liability; gratuitous emergency care to domestic animal

RS 37:1738.1 - Immunity from liability; gratuitous emergency care to domestic animal
A. There shall be no liability on the part of a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in distress as provided in this Section. The immunity from liability for property damage to a motor vehicle as provided herein does not affect a person's liability for bodily injury suffered by the animal while the person was rescuing the animal.
B. The immunity provided by Subsection A of this Section shall apply only if the person:
(1) Makes a good-faith attempt, based on the circumstances known to the person at the time, to locate the owner of the motor vehicle before entering, forcibly or otherwise, the vehicle.
(2) Contacts the local law enforcement agency, the fire department, animal control, or the 911 emergency operator before entering the motor vehicle forcibly or otherwise.
(3) Determines the motor vehicle is locked and has a good-faith belief that there are no other reasonable means for the animal to be removed from the vehicle.
(4) Believes that removal of the animal from the motor vehicle is necessary because the animal is in imminent danger of death.
(5) Uses force that was reasonably necessary under the circumstances to enter the motor vehicle to rescue the animal.
(6) Places a notice on the windshield of the motor vehicle providing details of the person's contact information, the reason the entry was made, the location of the animal, and notice that the proper authorities have been notified.
(7) Remains with the animal in a safe location, out of the elements of nature but reasonably close to the motor vehicle, until emergency responders from law enforcement, fire, or animal control arrive, unless the person cannot remain with the animal, in which case the person shall notify the local law enforcement agency, the fire department, animal control, or the 911 emergency operator, as applicable, before leaving the motor vehicle, and shall then take the animal to the closest shelter, as applicable.
C. As used in this Section:
(1) "Animal" means any cat or dog kept for pleasure, companionship, or other purposes that are not purely commercial.
(2) "In distress" means any condition that endangers the health or well-being of an animal due to heat, cold, or lack of adequate ventilation or any other circumstances that could reasonably be expected to cause suffering, disability, or death.
(3) "Unattended" means an animal who has been left in a motor vehicle when the driver or operator of the vehicle is more than thirty feet from the vehicle or cannot be contacted by verbally calling out for the owner of the vehicle.
Acts 2018, No. 360, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1741. Laboratory tests; disclosure of costs; violations

RS 37:1741 - Laboratory tests; disclosure of costs; violations
A. No person licensed in the state to practice medicine, dentistry, optometry, podiatry, veterinary medicine, or chiropractic shall agree or contract with any clinical, bioanalytical, or hospital laboratory, wherever located, to pay such laboratory for individual tests or analyses, combinations of tests or analyses, or tests or analysis series for patients or animals, and thereafter include such costs in his bill or statement submitted to the patient or other person for payment, unless the practitioner discloses on the bill or statement the name and address of the laboratory and the net amount or amounts paid or to be paid to the laboratory for the individual test or analysis, the combination of tests or analyses, or test or analysis series so included.
B. The respective state licensing boards having jurisdiction over the practitioners enumerated above, in addition to all other authority granted by this Title, may revoke, suspend, or deny renewal of the license of any practitioner who violates the provisions of this Section.
Added by Acts 1978, No. 370, §1. Acts 1993, No. 202, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1742. Anatomic pathology services; billing; violations

RS 37:1742 - Anatomic pathology services; billing; violations
A. Except as set forth in Subsection B, no person licensed in the state to practice medicine, dentistry, optometry, podiatry, or chiropractic shall charge, bill, or otherwise solicit payment for outpatient anatomic pathology services unless the services were rendered personally by the licensed practitioner or under the licensed practitioner's direct supervision.
B. A person who is licensed in the state to practice medicine and who is qualified as a specialist in pathology, or a professional legal entity of which such person is a shareholder, partner, or owner, may submit a bill for outpatient anatomic pathology services only to:
(1) The patient directly.
(2) The responsible insurer or other third-party payor.
(3) The hospital, public health clinic, or nonprofit health clinic.
(4) The referral laboratory or the primary laboratory.
C. The respective state licensing boards having jurisdiction over the practitioners enumerated above, in addition to all other authority granted by this Title, may revoke, suspend, or deny renewal of the license of any practitioner who violates the provisions of this Section. In addition, no patient, insurer, third-party payor, hospital, public health clinic, or nonprofit health clinic shall be required to reimburse the practitioners enumerated above for charges or claims submitted in violation of this Section.
D. The provisions of this Part shall not prohibit billing between laboratories for anatomic pathology services in instances where a sample or samples must be sent to another specialist.
Acts 2003, No. 718, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1743. Prohibition on direct solicitations

RS 37:1743 - Prohibition on direct solicitations
A. A health care provider or person designated, contracted, or paid by the health care provider, shall not directly solicit by phone or mail, patients or potential patients who, because of their particular circumstances, are vulnerable to undue influence. Circumstances in which patients or potential patients may be considered to be vulnerable to undue influence include but are not limited to:
(1) When a person is known to the health care provider to have recently been involved in a motor vehicle accident.
(2) When a person is known to the health care provider to have recently been involved in a work-related accident.
(3) When a person is known to the health care provider to have recently been injured by another person or as a result of another person's actions.
B. Nothing in this Section shall be construed to prohibit advertising, except that which is false, misleading, or deceptive, nor to prohibit outreach services for prenatal, postpartal, child health care, and communicable disease control.
C. As used in this Section "health care provider" means any "health care provider" as defined in R.S. 40:1231.1.
Acts 1991, No. 707, §1; Acts 1993, No. 657, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1743.1. Use of the title "Doctor" or "Dr." by certain healthcare providers

RS 37:1743.1 - Use of the title "Doctor" or "Dr." by certain healthcare providers
A. No healthcare provider, while providing direct patient care, shall present himself, whether orally or in writing, to a patient using the title of "Doctor" or the abbreviation of "Dr." as a prefix to his name without using a suffix to denote either the type of professional license held by the healthcare provider or the degree to which he is entitled by reason of his diploma of graduation from a school or other entity, professional or otherwise.
B. Any healthcare provider who uses the title of "Doctor" or the abbreviation of "Dr." in any manner inconsistent with the provisions of this Section may be sanctioned in accordance with rules promulgated by the licensing board for that provider's profession or occupation.
C. No violation of a provision of this Section shall constitute false personation as established by R.S. 14:112.
D. For the purposes of this Section, "healthcare provider" shall mean a person, partnership, limited liability company, or corporation licensed or certified in this state to provide healthcare or professional services as a registered or licensed practical nurse, certified registered nurse anesthetist, nurse midwife, licensed midwife, nurse practitioner, clinical nurse specialist, occupational therapist, physical therapist, certified athletic trainer, or physician assistant.
E. The provisions of this Section shall not apply to a physician as defined by Medicare pursuant to 42 U.S.C. 1395x(r).
Acts 2012, No. 772, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745. Prohibition on payment for patient referrals

RS 37:1745 - Prohibition on payment for patient referrals
A. For the purposes of this Section, the following terms have the following meanings:
(1) "Board" means the Louisiana State Board of Medical Examiners, Louisiana Board of Chiropractic Examiners, Louisiana State Board of Dentistry, Louisiana State Board of Optometry Examiners, Louisiana Physical Therapy Board, Louisiana State Board of Examiners of Psychologists, Louisiana State Board of Nursing, Louisiana Licensed Professional Counselors Board of Examiners, Louisiana State Board of Practical Nurse Examiners, or Louisiana Board of Pharmacy.
(2) " Healthcare provider" means a person, partnership, or corporation licensed by the state to provide health care or professional services as a physician, chiropractor, dentist, dental hygienist, podiatrist, optometrist, physical therapist, psychologist, medical psychologist, licensed professional counselor, registered or licensed practical nurse, pharmacist, and any officer, employee, or agent thereof acting in the course and scope of his employment.
B. No healthcare provider shall offer, make, solicit, or receive payment, directly or indirectly, overtly or covertly, in cash or in-kind, for referring or soliciting patients. Payments representing a return on investment based upon a percentage of ownership are not considered a direct or indirect payment for the purposes of this Section.
C.(1) Each board shall promulgate rules and regulations for the implementation and enforcement of the provisions of Subsection B of this Section in accordance with the Administrative Procedure Act. Such rules and regulations shall include, at a minimum, sanctions and penalty provisions and permissible contracting activities known as "safe harbors".
(2) Any activity permissible under the corresponding provisions of Title XVIII of the Social Security Act shall not be a violation of this Section.
(3) Violation of Subsection B of this Section by a healthcare provider may constitute grounds for suspension or revocation of license or other credentials by the appropriate board.
Acts 1993, No. 827, §1; Acts 1999, No. 782, §1; Acts 2003, No. 303, §1; Acts 2009, No. 251, §8, eff. Jan. 1, 2010; Acts 2018, No. 206, §3; Acts 2021, No. 238, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745.1. Health care provider's third party billing; notice to patient

RS 37:1745.1 - Health care provider's third party billing; notice to patient
Every health care provider who provides health care services to a patient and submits a bill for payment to the patient shall note on the bill whether demand for payment has been made on an insurer or other third party responsible for payment, as identified by the patient, and that the insurer or third party refuses or has failed to make payment on the bill as demanded.
Acts 1995, No. 916, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745.2. Diagnosis of certain mental health conditions; limitation

RS 37:1745.2 - Diagnosis of certain mental health conditions; limitation
A. No physician or other health care provider shall diagnose the condition of factitious disorder imposed on another, formerly known as "Munchausen syndrome by proxy", unless he meets all of the following criteria:
(1) He is licensed as a health care provider in this state.
(2) He is qualified by licensure and professional training to diagnose mental health conditions.
(3) He has conducted a bona fide evaluation of the person he diagnoses.
B. For purposes of this Section, the following terms have the meaning ascribed in this Subsection:
(1) "Bona fide evaluation" means all of the following actions have occurred:
(a) The health care provider has reviewed the relevant clinical records of the individual and the purported victim, and has completed a full assessment of the individual's clinical history and current clinical condition. For purposes of this Section, "clinical records" shall include, without limitation, documentation from schools, health care providers, child care providers, agencies, and other institutions; interviews with members of the extended family, friends, and acquaintances of the individual; and other collateral sources when the resulting information is likely to be relevant.
(b) The health care provider has performed an in-person clinical evaluation of the individual which includes a clinical interview and behavioral observation.
(c) The health care provider has created and maintained a record of the condition of the individual in accordance with clinically accepted standards to support a mental health diagnosis.
(2) "Health care provider" has the meaning ascribed in R.S. 40:1231.1(A).
Acts 2018, No. 193, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745.12. Legislative findings; purpose

RS 37:1745.12 - Legislative findings; purpose
A. The legislature finds that:
(1) Public confidence in high quality patient care is dependent on a workforce of competent health care professionals who meet the high standards of professional practice.
(2) Impaired health care professionals represent a threat to the public.
(3) State law does not currently require health care entities to report impaired health care professionals to professional licensing boards.
(4) An important function of professional licensing boards is to protect the public, who is at risk of receiving unsafe or inadequate care, from health care providers who are or may be impaired.
(5) It is the public policy of this state to require that health care entities timely report adverse action against health care professionals for impairment or possible impairment to professional licensing boards.
B. The purpose of this Part is to require reporting of certain actions taken by health care entities in response to a determination of impairment or possible impairment to the appropriate professional licensing board.
Acts 2007, No. 274, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745.13. Definitions

RS 37:1745.13 - Definitions
For the purposes of this Part, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Adverse action" includes reducing, restricting, suspending, revoking, denying, terminating, or failing to renew any of the following:
(a) Clinical privileges or membership in a health care entity.
(b) Employment or a contractual relationship with a health care entity.
(c) Enrollment or participation in a health care training program.
(2) "Clinical privileges" includes privileges, membership on the medical staff, and such other circumstances pertaining to the furnishing of medical care under which a physician or other licensed health care professional is permitted to furnish such care or to engage in training in a health care training program.
(3) "Department" means the Louisiana Department of Health.
(4) "Health care entity" includes a hospital, as defined in R.S. 40:2102, any institution or clinic licensed by the department, any entity that provides health care services and that follows a formal peer review process for the purpose of furthering quality health care, any hospitalization or care facilities maintained by a university or medical school, or any health care training program in which trainees are required to hold a license, permit, or other authority from a professional licensing board in order to participate in training.
(5) "Health care professional" means:
(a) A person who possesses a current license, certificate, registration, or other authority from a professional licensing board to provide health care services in this state.
(b) Any person who is licensed or otherwise authorized by a professional licensing board to participate in a health care training program in this state.
(6) "Health care training program" means any university, hospital, institution, or other entity that sponsors post-graduate health care training in which participants must possess a license, permit, or other authority from a professional licensing board to participate in training.
(7) "Impaired" or "impairment" means dependency on, or the excessive use or abuse of alcohol or drugs that affect the central nervous system and which are capable of inducing physiological or psychological dependence.
(8) "Professional licensing board" means the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, or the Louisiana State Board of Examiners of Psychologists.
Acts 2007, No. 274, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745.14. Reporting of certain actions taken by health care entities; to whom to report; information to be reported; time frame for reporting

RS 37:1745.14 - Reporting of certain actions taken by health care entities; to whom to report; information to be reported; time frame for reporting
A. Each health care entity shall report the actions described in this Section to the appropriate professional licensing board.
B. Except as provided in Subsection C of this Section, a health care entity shall report each instance in which the health care entity:
(1) Takes an adverse action against a health care professional due to impairment or possible impairment.
(2) Accepts the surrender of clinical privileges, the resignation of employment or a contractual relationship, or the withdrawal from participation in a health care training program of or by a health care professional under any of the following conditions:
(a) While the health care professional is under investigation by the entity relating to impairment or possible impairment.
(b) In return for not conducting an investigation.
C. A report shall not be required under this Section when a health care professional is granted a leave of absence for evaluation or treatment of impairment or possible impairment provided all of the following conditions are met:
(1) The individual cooperates with the institutional policy regarding the evaluation or treatment of such impairment or possible impairment.
(2) Any leave of absence granted is for six months or less.
(3) The individual agrees not to engage in any clinical activity while undergoing evaluation or treatment except insofar as approved by his or her addiction provider while undergoing treatment.
(4) The individual, if a physician, cooperates with the Physicians Health Program of the Louisiana State Board of Medical Examiners or, if a registered nurse, cooperates with the Recovering Nurses Program of the Louisiana State Board of Nursing or, if a dentist, cooperates with the Dentist Well-Being Committee program of the Louisiana Dental Association, as approved by the Louisiana State Board of Dentistry, or if a medical psychologist, cooperates with a program approved by the Louisiana State Board of Medical Examiners.
D. Such report shall be provided in writing and shall include but not be limited to the following:
(1) The name, address, telephone number, and category of license of the health care professional.
(2) The date and nature of the action taken and a description of the acts or omissions or other reasons for the action.
(3) Such other information respecting the circumstances of the action as the department or the professional licensing board deems appropriate.
E. Such report shall be made to the appropriate professional licensing board within seventy-two hours of the adverse action, surrender, resignation or withdrawal.
Acts 2007, No. 274, §1; Acts 2009, No. 251, §8, eff. Jan. 1, 2010; Acts 2021, No. 238, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745.15. Confidential nature of reports

RS 37:1745.15 - Confidential nature of reports
A. Notwithstanding the provisions of the Public Records Act, R.S. 44:1 et seq., reports received by professional licensing boards under the provisions of this Part shall be held confidential and shall not be deemed to be or be treated as public records.
B. Such reports shall be privileged against disclosure or production pursuant to administrative or judicial subpoena.
Acts 2007, No. 274, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1745.16. Relief from liability for reporting

RS 37:1745.16 - Relief from liability for reporting
A. There shall be no liability on the part of and no action for damages against any health care entity with respect to any report required under this Part, unless such report is made with knowledge of the falsity of the information contained therein.
B. There shall be no liability on the part of and no action for damages against any person who serves as a director, officer, employee, agent, consultant, attorney, or who otherwise works for, is associated with, or represents a health care entity for reporting information required under this Part, unless such report is made with knowledge of the falsity of the information contained therein.
C. A report made under this Part that includes disclosure of any peer review information shall not constitute a waiver of any legal or evidentiary privilege, nor form the basis of any claim or action for damages or injunctive relief of any kind or nature, including breach of confidentiality, invasion of privacy, or otherwise, nor deprive the person, health care entity, committee, or any peer review entity making disclosure, of the benefit of the immunities otherwise provided for in R.S. 13:3715.3.
D. In any action brought against a health care entity or director, officer, employee, agent, consultant, attorney, or representative thereof for reporting information required under this Part the court shall, at the conclusion of the action, award to any such party defendant against any such claimant the cost of the action attributable to such claim, including actual attorney's fees, if the claim is found to be without merit.
Acts 2007, No. 274, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1746. Definitions

RS 37:1746 - Definitions
For purposes of this Part, the following terms have the following meanings:
(1) "Board" means the Louisiana State Board of Dentistry, Louisiana State Board of Nursing, Louisiana State Board of Practical Nurse Examiners, Louisiana Board of Chiropractic Examiners, or the Louisiana State Board of Medical Examiners.
(2) "Healthcare provider" means a person licensed by this state to provide health care or professional services as a physician, dentist, registered or licensed practical nurse, certified registered nurse, anesthetist, nurse midwife, chiropractor, or podiatrist.
Acts 1991, No. 1009, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1747. Hepatitis B or human immunodeficiency carriers; practice requirements; report procedures; exemptions

RS 37:1747 - Hepatitis B or human immunodeficiency carriers; practice requirements; report procedures; exemptions
A. Each board licensing healthcare providers shall establish by rule practice requirements based on applicable guidelines from the federal Centers for Disease Control and Prevention which will protect the public from the transmission of the hepatitis B virus or human immunodeficiency virus in the practice of a profession regulated by the appropriate board.
B. The boards shall by rule, based on applicable guidelines from the federal Centers for Disease Control and Prevention, establish requirements and procedures for a licensee and a licensure applicant to report his status as a carrier of the hepatitis B virus or human immunodeficiency virus to the board and shall enforce such requirements and procedures.
C. Each report of hepatitis B virus carrier status or human immunodeficiency virus carrier status filed by a licensee or licensure applicant in compliance with this Section and each record maintained and meeting held by the boards in the course of monitoring a licensee for compliance with the practice requirement established by Subsection A of this Section are confidential and exempt from the public records by R.S. 44:4(7), (9), and (11), except for the purpose of the investigation or prosecution of alleged violations of this Part by the boards.
Acts 1991, No. 1009, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1748. Videotape businesses; disclosure of customer information prohibited

RS 37:1748 - Videotape businesses; disclosure of customer information prohibited
A. No person engaged in the business of renting or selling prerecorded videotapes shall, without the express written consent of the customer, disclose customer information, except as may be required by law in a legal proceeding.
B. "Person" means any natural person, business, company, firm, partnership, association, corporation, or any other legal entity.
C. "Customer information" means the customer's name, address, telephone number, or any other information which may identify or may tend to facilitate the identification of any videotape rented or purchased by a specific customer.
D. Nothing in this Section prohibits disclosure as authorized by Chapter 121 of Title 18, United States Code, Section 2710(b)(2).
E. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars for each violation.
Acts 1991, No. 830, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1749. Cash bonding

RS 37:1749 - Cash bonding
A. Whenever a provision of this Title requires the posting of a bond or other security for the performance of a duty which bond runs in favor of a state agency, board, or commission, in lieu of the bond or other security, cash, a certificate of deposit, an irrevocable letter of credit, a money order, or a certified check in the same amount specified for the bond shall satisfy the security requirement.
B. It shall be the responsibility of the governing authority of each such entity which requires the posting of a bond or other security to adopt rules providing for the receipt and handling of such deposits, including whether or in what manner interest will be paid.
Acts 1992, No. 338, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1752. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1752 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1753. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1753 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1754. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1754 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1755. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1755 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1756. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1756 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1757. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1757 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1758. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1758 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1759. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1759 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1760. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1760 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1761. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1761 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1762. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1762 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1763. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1763 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1764. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1764 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1765. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1765 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1766. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1766 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1767. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1767 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1768. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1768 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1769. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1769 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1770. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1770 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1771. REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.

RS 37:1771 - REPEALED BY ACTS 1993, NO. 391, §2, EFF. SEPT. 1, 1993.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1783. Nature of the pawn transaction

RS 37:1783 - Nature of the pawn transaction
The pawn transaction constitutes a service and vests the pawnbroker with the right of causing the debt to be satisfied by privilege and in preference to all other creditors, secured and unsecured, perfected or not. The pawnbroker can be compelled to return the security only when he has received the whole payment of the principal as well as the interest, service charges, and costs. A pawn transaction shall be considered a loan.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993; Acts 1997, No. 235, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1784. Waiver, agreement to forego rights; prohibited

RS 37:1784 - Waiver, agreement to forego rights; prohibited
A pawn customer may not waive or agree to forego rights or benefits under this Part except that a claim, if disputed in good faith, may be settled by compromise or agreement.
Acts 1993, No. 391, §1, eff. Sept. 1, 1993.