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2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.7. Report of cases

RS 40:1121.7 - Report of cases
A. Every licensed physician in this state and every superintendent or manager of a hospital or dispensary in this state shall report to the department every case of venereal disease which he attends or examines or for which he prescribes or gives treatment in accordance with the requirements of the Louisiana Sanitary Code. This report shall be made within the time period prescribed in the Louisiana Sanitary Code. The report shall be made on, or in substantial conformity with, a form provided for that purpose by the office. The report shall contain the identifying information required by the Louisiana Sanitary Code.
B. If the person affected with the venereal disease fails or refuses, for a period of ten days or more after the diagnosis as a venereal disease, to submit to proper treatment or if he exposes any other person to infection with the venereal disease, the attending physician shall make a supplementary report regarding these facts to the department.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2007, No. 153, §1, eff. August 15, 2007; Redesignated from R.S. 40:1065 by HCR 84 of 2015 RS.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.8. Minor's consent for treatment of venereal diseases

RS 40:1121.8 - Minor's consent for treatment of venereal diseases
A. Consent to the provision of medical or surgical care or services by a hospital or public clinic, or to the performance of medical or surgical care or services by a physician, licensed to practice medicine in this state, when executed by a minor who is or believes himself to be afflicted with a venereal disease, shall be valid and binding as if the minor had achieved his majority. Any such consent shall not be subject to a later disaffirmance by reason of his minority.
B. The consent of a spouse, parent, guardian or any other person standing in a fiduciary capacity to the minor shall not be necessary in order to authorize such hospital care or services or medical or surgical care or services to be provided by a physician licensed to practice medicine to such a minor.
C. Upon the advice and direction of a treating physician, or, in the case of a medical staff, any one of them, a physician or member of a medical staff may, but shall not be obligated to, inform the spouse, parent or guardian of any such minor as to the treatment given or needed, and such information may be given to, or withheld from the spouse, parent or guardian without the consent and over the express objection of the minor.
D. No physician licensed to practice medicine in this state shall incur civil or criminal liability in connection with any examination, diagnosis and treatment authorized by this Section except for negligence.
Added by Acts 1970, No. 41, §1; Redesignated from R.S. 40:1065.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.9. Sale of drug as cure or treatment

RS 40:1121.9 - Sale of drug as cure or treatment
No person shall sell any drug, medicine, or preparation advertised, called for, or labeled as a cure or treatment of a venereal disease, except on written prescription of a licensed physician.
Redesignated from R.S. 40:1066 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.10. Rules and regulations

RS 40:1121.10 - Rules and regulations
The secretary of the Louisiana Department of Health shall make all necessary rules and regulations for the carrying out of the purposes of this Subpart. These rules and regulations shall be printed in pamphlet or folder form in sufficient numbers for free distribution among physicians, sanitariums, and the general public.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1067 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.11. Penalty

§1121.11 Penalty
Whoever violates any provision of this Subpart or any rule or regulation made hereunder shall, for the first offense, be fined not less than ten dollars nor more than two hundred dollars. For the second offense, he shall be fined not less than twenty-five dollars nor more than four hundred dollars. For each subsequent offense, he shall be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not less than ten days nor more than six months, or both.
Redesignated from R.S. 40:1068 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.21. Blood samples; standard test

RS 40:1121.21 - Blood samples; standard test
A. Every physician who attends any pregnant woman for conditions relating to pregnancy during the period of gestation shall offer to take or to have taken a sample of her blood at the time of first examination or as soon as possible thereafter. Additionally, every physician who attends any pregnant woman for conditions relating to pregnancy during the third trimester of gestation shall offer to take or to have taken a sample of her blood at the time of first examination during such trimester or as soon as possible thereafter, regardless of whether such a sample was taken or offered during the first two trimesters of her pregnancy. Every physician who attends any pregnant woman during labor or delivery shall offer to take or to have taken a sample of her blood at such time or as soon as possible thereafter. If available documentation indicates that a sample of her blood was already screened in accordance with this Section during the third trimester of her pregnancy, and she does not disclose when questioned any activities posing a risk for infection with HIV or syphilis occurring more recently than would have been detected by such screening, the attending physician during labor or delivery is not required to offer to take or to take a blood sample. If no objection is made by the woman, a blood sample shall be taken and submitted to any approved laboratory for a standard test for syphilis as approved by the American Board of Pathology and for a standard diagnostic HIV test approved by the Food and Drug Administration.
B. All other persons permitted by law to attend pregnant women but not permitted to take blood samples shall have a sample of the blood of every pregnant woman attended by them taken by a duly licensed physician, if no objection to the taking of the sample is made by the woman, and submitted to an approved laboratory for a standard test for syphilis and a standard diagnostic HIV test.
Acts 2007, No. 153, §1; Acts 2014, No. 459, §1, eff. June 4, 2014; Redesignated from R.S. 40:1091 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.22. Nature of standard test

RS 40:1121.22 - Nature of standard test
For the purpose of this Subpart, a standard test for syphilis is a test approved by the American Board of Pathology and shall be made at a laboratory operated by a duly licensed physician and pathologist as recognized by the American Board of Pathology or in a laboratory in a hospital approved by the American College of Surgeons as unconditionally meeting its minimum standards. A standard diagnostic HIV test is a test approved by the Food and Drug Administration and may include tests performed by a duly licensed physician or by other approved staff.
Acts 2007, No. 153, §1; Redesignated from R.S. 40:1092 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.23. Reports on birth and stillbirth certificates

RS 40:1121.23 - Reports on birth and stillbirth certificates
In reporting every birth and stillbirth, physicians and others required to make the reports shall state on the certificate whether a standard test for syphilis has been made upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed.
Redesignated from R.S. 40:1093 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1121.24. Use of controlled dangerous substances while pregnant; multidisciplinary team

RS 40:1121.24 - Use of controlled dangerous substances while pregnant; multidisciplinary team
A. A district attorney in a parish with a population of not less than twenty-seven thousand and not more than thirty thousand, a parish with a population of not less than one hundred fifty thousand and not more than one hundred sixty thousand, and a parish with a population of not less than three hundred thousand and not more than four hundred thousand according to the most recent federal decennial census may convene a multidisciplinary team to assist in making a determination of the appropriate disposition of a case where a pregnant woman under arrest tests positive for controlled dangerous substances for which she does not have a valid, legal prescription, as provided for in the Uniform Controlled Dangerous Substances Law. Each member of the multidisciplinary team shall serve a term of two years.
B. The multidisciplinary team may include but is not limited to the following persons:
(1) A Louisiana board-certified physician trained in obstetrics and gynecology.
(2) A licensed nurse with experience in caring for drug- or alcohol-exposed newborn infants.
(3) A law enforcement officer employed by a local or state law enforcement agency.
(4) An employee of the Department of Children and Family Services with a background and experience with federal and state benefits, such as Medicaid.
(5) An individual associated with a nonprofit organization with a background and experience in charitable and faith-based resources for treatment of alcohol and drug abuse or addiction.
(6) A licensed social worker or counselor with training and experience in the treatment of drug or alcohol addiction.
C. As used in this Section, "appropriate disposition" may include but shall not be limited to filing a petition for involuntary commitment as provided for in R.S. 28:53 and 53.2 to a public facility or a private facility willing to accept the pregnant woman for treatment.
D. The authority provided by the provisions of this Section shall exist from the time of arrest to the time of dismissal, acquittal, or conviction.
Acts 2012, No. 579, §1; Redesignated from R.S. 40:1094 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1123.1. Short title

RS 40:1123.1 - Short title
This Part shall be known and may be cited as "The Perinatal Mood and Anxiety Disorders Act".
Acts 2022, No. 188, §1.
NOTE: Former R.S. 40:1123.1 redesignated as R.S. 40:1300.41 by Acts 2022, No. 271, §9A.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1123.2. Awareness

RS 40:1123.2 - Awareness
In accordance with this Part, all hospitals and birthing centers that provide labor and delivery services shall, prior to discharge following pregnancy, provide pregnant women and their family members information about perinatal mood and anxiety disorders, including the symptoms, treatment, and available resources. The Louisiana Department of Health bureau of family health, in cooperation with the office of behavioral health, shall make such information available to hospitals and birthing centers and shall include this information on the department's website.
Acts 2022, No. 188, §1.
NOTE: Former R.S. 40:1123.2 redesignated as R.S. 40:1300.42 by Acts 2022, No. 271, §9A.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1123.3. Screening for postpartum or related mental health disorders

RS 40:1123.3 - Screening for postpartum or related mental health disorders
A. Healthcare providers who provide postnatal care to women up to twelve months following the birth shall screen for the signs and symptoms of postpartum depression or related mental health disorders through a validated screening tool in accordance with the recommendations from the American College of Obstetricians and Gynecologists if in the exercise of their professional medical judgment the healthcare providers believe that such screening would be in the best interest of the patient.
B. Upon the consent of the caregiver, a healthcare provider who is providing pediatric care to an infant shall screen the caregiver for postpartum depression or related mental health disorders in accordance with the recommendations of the American Academy of Pediatrics if in the exercise of his professional medical judgment the healthcare provider believes that such screening would be in the best interest of the patient. Screenings pursuant to this Subsection shall not create either a physician-patient relationship between the healthcare provider and the caregiver or any continuing obligation to provide medical services or referral by the healthcare provider.
Acts 2022, No. 188, §1.
NOTE: Former R.S. 40:1123.3 redesignated as R.S. 40:1300.43 by Acts 2022, No. 271, §9A.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1123.4. Treatment; access to perinatal mental health providers

RS 40:1123.4 - Treatment; access to perinatal mental health providers
The Louisiana Department of Health shall work with the Medicaid managed care organizations to do the following:
(1) Identify providers who specialize in pregnancy-related and postpartum depression or related mental health disorders and pregnancy-related and postpartum substance use disorders, which are searchable by location.
(2) Develop network adequacy standards for treatment of pregnant and postpartum women with depression or related mental health disorders and pregnant and postpartum women with substance use disorders.
Acts 2022, No. 188, §1.
NOTE: Former R.S. 40:1123.4 redesignated as R.S. 40:1300.44 by Acts 2022, No. 271, §9A.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.11. Definitions

RS 40:1125.11 - Definitions
As used in this Subpart, the following terms have the meanings ascribed to them in this Section:
(1) "Department" means the Louisiana Department of Health.
(2) "Registry" means the sickle cell disease registry established by the provisions of this Subpart.
Acts 2022, No. 647, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.12. Sickle cell disease registry; purpose

RS 40:1125.12 - Sickle cell disease registry; purpose
A. The department shall establish and maintain, in accordance with the provisions of this Subpart, a registry of individuals diagnosed with sickle cell disease which shall be known as the "Skylar-Cooper Database". The purpose of the registry shall be to function as a single repository of accurate, complete records to aid in the cure and treatment of sickle cell disease in this state.
B. The registry shall encompass, without limitation, all of the following:
(1) A record of individuals in this state who have been diagnosed with sickle cell disease.
(2) All data and other information associated with individuals who have been diagnosed with sickle cell disease that the secretary of the department deems necessary and appropriate for inclusion in the registry.
Acts 2022, No. 647, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.13. Healthcare facilities; reporting of data

RS 40:1125.13 - Healthcare facilities; reporting of data
Upon making a diagnosis of sickle cell disease, a healthcare provider shall provide to the department data regarding the individual who has been diagnosed with the disease. The form and manner of the data shall be prescribed by the department by rule duly promulgated in accordance with the Administrative Procedure Act.
Acts 2022, No. 647, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.14. Use of registry data

RS 40:1125.14 - Use of registry data
A. The secretary of the department shall facilitate access to data in the registry as provided for in rule.
B. Notwithstanding any other provision of law to the contrary, the department or its agent may access medical and vital records in the custody of physicians, hospitals, clinics, other healthcare providers, and the office of public health in order that it may conduct sickle cell disease studies. The data contained in the registry as well as all such medical and vital records obtained by the department or its agent in accordance with the provisions of this Subsection, as well as the results of any sickle cell disease study, shall be confidential and shall not be available for subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding nor shall such records be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. Nothing in this Subsection shall prohibit the publishing by the department of statistical compilations relating to sickle cell disease which do not identify individual cases or individual physicians, hospitals, clinics, or other healthcare providers.
Acts 2022, No. 647, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.15. Healthcare needs of persons with sickle cell disease; legislative findings; use of registry data in care coordination

RS 40:1125.15 - Healthcare needs of persons with sickle cell disease; legislative findings; use of registry data in care coordination
The legislature hereby finds that sickle cell patients who need care for sickle cell disease and other health conditions often face lengthy wait times for that care, and that these wait times contribute to poor health outcomes and excess morbidity and mortality among populations that are impacted by sickle cell disease. The legislature further finds that sickle cell patients may face greater barriers in accessing the necessary care for their disease after reaching the age of majority or aging out of health coverage furnished through the Louisiana Children's Health Insurance Program. Therefore, the secretary of the department shall take such actions as are necessary to support the facilitation of care coordination for sickle cell patients, assist in reducing the wait times to access healthcare services, and assist in promoting continuity of care for young people who age out of Louisiana Children's Health Insurance Program coverage.
Acts 2022, No. 647, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.16. Administrative rules

RS 40:1125.16 - Administrative rules
A. The department shall promulgate in accordance with the Administrative Procedure Act all such rules as are necessary to implement the provisions of this Subpart.
B. The rules required by this Section shall include but not be limited to the following:
(1) Data elements to be included in the registry.
(2) Guidelines and procedures for obtaining from healthcare providers information regarding individuals diagnosed with sickle cell disease.
(3) Standards for ensuring that the registry is developed and operated in a manner that comports with all applicable requirements of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191; regulations adopted pursuant to that Act including but not limited to the HIPAA Privacy Rule, 45 CFR Part 164; and other applicable laws and regulations governing disclosure of health information.
Acts 2022, No. 647, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.21. Sickle cell patient navigator program

RS 40:1125.21 - Sickle cell patient navigator program
A. The legislature hereby finds and declares the following:
(1) A large percentage of persons suffering from sickle cell disease in this state are not in specialty care, even though the health consequences of going without such care may be fatal.
(2) Insufficient access to specialty care is a major barrier to overall health care for persons suffering from sickle cell disease.
(3) The purpose of this Section is to provide for a program to increase statewide access to the types of specialty care that are critical to the health and well-being of sickle cell patients.
B. The Sickle Cell Patient Navigator Program, referred to hereafter in this Section as "the program", is hereby established. The program shall operate in accordance with the provisions of this Section.
C. The functions of the program shall include, without limitation, all of the following:
(1) Training of patient navigators to serve as outreach coordinators, coordinators of family educational sessions, and patient case managers.
(2) Establishing and strengthening a continuum of care for each sickle cell patient served by the program and for the families of those patients.
(3) Identifying and contacting sickle cell patients, conducting home visits with patients and their family members, and coordinating patient care.
(4) Facilitating collaboration among healthcare providers that serve sickle cell patients.
(5) Delivering public health education on sickle cell disease and treatment.
D. The Louisiana Department of Health shall administer the program under the direction of the Louisiana Sickle Cell Commission placed within the department by the provisions of R.S. 36:259(B)(11).
E. This Section and the Sickle Cell Patient Navigator Program shall not be implemented or operational until monies have been appropriated by the legislature sufficient to fully fund these provisions.
Acts 2015, No. 387, §§1, 2; Acts 2022, No. 623, §5, eff. July 1, 2022; Acts 2022, No. 647, §§2, 4B; Redesignated from R.S. 40:1081.8.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.31. Sickle cell anemia; clinic established

RS 40:1125.31 - Sickle cell anemia; clinic established
The Louisiana Department of Health is hereby authorized and directed to establish and operate clinics in cooperation with the medical schools of Louisiana State University and Tulane University for the treatment of sickle cell anemia, in Charity Hospital of Louisiana in New Orleans and in Louisiana State Medical Center in Shreveport. The clinics shall be maintained for the treatment of victims of sickle cell anemia regardless of geographic and economic family situation without regard to the standard eligibility requirements of charity hospitals and for the training of physicians and medical students in methods of treatment and for research into the causes of the disease and its cure.
Acts 1972, No. 27, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 265, §2; Acts 1984, No. 859, §1; Acts 1993, No. 604, §2; Redesignated from R.S. 40:1299.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.5.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.32. Sickle cell anemia; clinics established statewide

RS 40:1125.32 - Sickle cell anemia; clinics established statewide
A. The Louisiana Department of Health shall establish and operate a minimum of seven clinics for the treatment of sickle cell anemia throughout the state if and when one hundred percent federal funding becomes available for this purpose.
B. The clinics shall be established in cooperation with the medical schools of Louisiana State University and Tulane University, the state medical centers, the sickle cell anemia foundations, and the National Research Center for Sickle Cell Anemia at Southern University and Agricultural and Mechanical College at Baton Rouge and shall be located in Monroe, Shreveport, Alexandria, Lake Charles, Lafayette, Baton Rouge, and New Orleans.
C.(1) The clinics shall be maintained for the treatment of victims of sickle cell anemia and shall also provide holistic care and counseling for families of victims of sickle cell anemia. Fees for treatment shall be provided in accordance with the provisions of R.S. 46:6.
(2) For purposes of this Section, "holistic care" includes educational literature, screening, testing, treatment, and referral to appropriate persons or facilities.
D. The clinics shall develop a working rapport with the state public health clinics and substance abuse centers and the sickle cell anemia foundations and shall organize support groups within the parish and surrounding parishes where they are located.
E. Each clinic shall be staffed by a physician, nurse, and any other staff as necessary to provide treatment and other services and shall contract with at least one hematologist to serve the clinic and may cooperate and interact with other state and private institutions in order to staff the clinic.
Acts 1993, No. 604, §1; Redesignated from R.S. 40:1299.4.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.6.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1125.33. Sickle cell anemia; local programs

RS 40:1125.33 - Sickle cell anemia; local programs
A. The Shreveport Sickle Cell Clinic, the Northeast Louisiana Sickle Cell Foundation, the Sickle Cell Anemia Rehabilitation and Educational Program, Inc., the Alexandria Sickle Cell Program, the Eighth Regional Sickle Cell Foundation, and the Baton Rouge Sickle Cell Program, hereinafter referred to as "program", shall be maintained for the treatment of victims of sickle cell anemia regardless of geographic and economic family situation and without regard to the standard eligibility requirements of charity hospitals. In addition, the programs shall implement policies and plans to convert their individual facility into regionalized facilities, whereby each facility is responsible for sickle cell anemia patients in parishes surrounding the main facility.
B. Each program shall provide holistic care, which shall include but not be limited to educational literature, screening, testing, treatment, and referrals. If funds are available, each program shall:
(1) Provide a physician or nurse to provide proper health care.
(2) Provide a hematologist to provide proper testing to sickle cell anemia patients.
(3) Provide counseling for families of those who are affected by sickle cell anemia and which fatality appears imminent.
(4) The executive director of each regional sickle cell anemia clinic shall possess the minimum qualifications established by rules promulgated by the Louisiana Department of Health.
C. The provisions of this Section shall not relieve or remove any responsibilities of the Louisiana Department of Health from implementing and complying with the provisions of R.S. 40:1125.31.
D. The provisions of this Section shall be implemented if and when one hundred percent federal funds are made available for the purposes set forth in this Section.
Acts 1993, No. 605, §1; Redesignated from R.S. 40:1299.4.2 by HCR 84 of 2015 R.S.; Acts 2022, No. 647, §§2, 4C; Redesignated from R.S. 40:1081.7.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1131.1. Emergency medical services program; cooperation of other state departments

RS 40:1131.1 - Emergency medical services program; cooperation of other state departments
A. The department shall establish and maintain a program for the improvement and regulation of emergency medical services in the state. The responsibility for implementation and conduct of this program shall be vested in the bureau of emergency medical services.
B. The bureau shall develop a state plan for the prompt and efficient delivery of adequate emergency medical services to acutely sick and injured individuals.
C. The bureau shall serve as the primary agency for participation in any federal program involving emergency medical services and may receive and, pursuant to legislative appropriation, disburse available federal funds to implement any service program.
D. The bureau shall identify all public and private agencies, institutions, and individuals that are or may be engaged in emergency medical services training and set minimum standards for course approval, instruction, and examination. Public safety telecommunicators shall at a minimum successfully complete the telephone cardiopulmonary resuscitation training required by R.S. 40:1133.16.
E. The department shall promulgate and enforce such rules, regulations, and minimum standards as needed to carry out the provisions of this Section.
Added by Acts 1977, No. 502, §1, eff. July 13, 1977. Amended by Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1231.1 by HCR 84 of 2015 R.S; Acts 2018, No. 578, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1131.2. Immunity from civil damages

RS 40:1131.2 - Immunity from civil damages
No parish, specialty, component, or state medical society or organization, or its designee, which is statutorily mandated by this Chapter to participate without compensation or gratuitously participates in an emergency services system, nor any committee of such parish, specialty, component, or state medical society or organization, including the individual members of such committee, or its designee, shall be liable for any civil damages as a result of any act or omission in the performance of their administrative duties or donated services with such emergency services system, including, without limitation, advice, instructions, or other duties regarding policy, protocol, administration, and efficiency of the emergency medical services system. The immunity extended to a parish, specialty, component, or state medical society or organization, or any committee thereof, including the individual members of such committee, including their insurers, or its designee, shall not be applicable for willful or wanton acts or omissions. The immunity extended herein shall be applicable only to an action brought by the person damaged as a result of the performance of any administrative duties or donated services rendered pursuant to the provisions of this Section.
Added by Acts 1979, No. 554, §2. Amended by Acts 1990, No. 428, §1; Acts 1997, No. 913, §2; Redesignated from R.S. 40:1231.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1131.3. Medical assistance program; ground ambulance transportation to alternative destination; reimbursement

RS 40:1131.3 - Medical assistance program; ground ambulance transportation to alternative destination; reimbursement
The department shall promulgate rules and regulations to provide for a reimbursement methodology to cover alternative destination transport by a ground ambulance service provider to ensure that reimbursement rates are reasonable and adequate.
Acts 2018, No. 565, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.4. Powers and duties of the commission; exceptions

RS 40:1133.4 - Powers and duties of the commission; exceptions
A. The commission shall:
(1) Recommend to the bureau requirements and standards of practice for individuals seeking to be certified under this Part.
(2) Approve requirements and standards of practice submitted by the bureau for emergency medical services practitioners consistent with this Part.
(3) Recommend continuing education requirements and standards to the bureau in accordance with criteria established by the National Registry of Emergency Medical Technicians for individuals seeking to renew a license.
(4) Conduct disciplinary hearings for emergency medical personnel and certified ambulance operators.
(5) Request that the bureau conduct investigations as necessary.
(6) Cause the prosecution of any individual who violates any provision of this Part.
(7) Maintain a record of all commission proceedings.
(8) Adopt rules and regulations to implement the provisions of this Part in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
B. Except as they relate to scope of practice or patient care issues, Paragraphs (A)(4), (5), and (6) of this Section shall not apply to anyone who is a volunteer of or employed by the state of Louisiana or another public entity, a municipal fire department, a fire protection district, or a volunteer fire department who has successfully completed an education program based on national EMS education standards and who possesses a current national certification and state license, until the commission has forwarded the nonmedical practice complaint to the local governing body and received a response with investigative results and any disciplinary disposition. In the event that the local governing body does not send a response or request for extension to the commission within sixty days after receipt of the complaint, the commission may proceed with the powers and duties as defined in Subsection A of this Section. Notwithstanding any law to the contrary, in the event the commission determines by a two-thirds vote of the membership of the commission that public health and safety would be jeopardized by waiting for a response from the local governing authority, the commission shall have the right to exercise its powers and duties as provided in Subsection A of this Section without receipt of an investigative report from the local governing authority or the expiration of the sixty-day period as provided in this Subsection.
Acts 1997, No. 913, §2; Acts 2003, No. 208, §1; Acts 2010, No. 935, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.3 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.5. Powers and duties of the bureau

RS 40:1133.5 - Powers and duties of the bureau
The bureau shall:
(1) Issue a license and renew a license to any duly qualified applicant for licensure and license renewal as an emergency medical services practitioner.
(2) Prescribe application forms for emergency medical practitioner licensure and license renewal and ambulance operator certification.
(3) Adopt requirements and standards of practice approved by the commission for emergency medical services practitioners.
(4) Conduct investigations as requested by the commission.
(5) Deny, withhold, revoke, restrict, probate, or suspend a license as directed by the commission under the provisions of R.S. 40:1133.7.
(6) Prepare, publish, and update a roster of all emergency medical personnel, including the name and address of each individual.
(7) Adopt continuing education requirements and standards for individuals seeking to renew a license.
(8) Prepare an annual report detailing the activities of the commission during the past fiscal year including the number and nature of the hearings conducted under the provisions of R.S. 40:1133.8.
(9) Adopt rules and regulations to implement the provisions of this Part in accordance with the Administrative Procedure Act.
(10) Adopt and amend the title and the definition of licensed emergency medical services practitioners.
(11) Issue a certification to any duly qualified applicant for certification as an ambulance operator.
(12) Deny, withhold, revoke, restrict, probate, or suspend an ambulance operator certification as directed by the commission in accordance with the provisions of R.S. 40:1133.18.
Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1232.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.6. License; requirements; renewal

RS 40:1133.6 - License; requirements; renewal
A. Applicants for initial licensure as emergency medical services practitioners shall submit the following evidence to the bureau:
(1) Completion of the required approved educational program.
(2) Documentation that the applicant meets the qualifications and requirements as established by the bureau.
B. In lieu of the evidence required by Subsection A of this Section, an applicant may submit evidence that he has been duly licensed or certified in another state, territory, or country or has received military training and certification or license as emergency medical services practitioner as defined in R.S. 40:1131, and meets the qualifications and requirements established by the bureau.
C.(1) The license shall be renewed every two years provided the applicant seeking renewal completes the application and meets the requirements for renewal established by the bureau prior to the expiration date on his current license.
(2) An individual whose license expires by his failure to renew as provided may be reinstated provided the applicant submits a completed application and meets any additional requirements established by the bureau for an individual who has failed to timely renew his license.
Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.5 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.7. Grounds for disciplinary proceedings

RS 40:1133.7 - Grounds for disciplinary proceedings
The commission may discipline emergency medical services practitioners by directing the bureau to deny, withhold, revoke, restrict, probate, or suspend a license to practice as an emergency medical services practitioner, impose fines and assess costs, or otherwise discipline an emergency medical services practitioner, and the commission may direct the bureau to limit, restrict, or deny a student emergency medical services practitioner from entering or continuing the clinical phase of EMS education for the following causes:
(1) Conviction of selling or attempting to sell, falsely obtaining, or furnishing to a person a licensed emergency medical services practitioner document.
(2) Conviction of a crime or offense which reflects the inability of an emergency medical services practitioner to provide emergency medical services with due regard for the health and safety of clients or patients or enters a plea of guilty or nolo contendere to a criminal charge regardless of final disposition of the criminal proceeding, including but not limited to expungement or nonadjudication.
(3) Is unfit or incompetent by reason of negligence, habit, or other cause.
(4) Is habitually intemperate in the use of or abuses alcohol or habit-forming drugs.
(5) Is guilty of aiding or abetting another person in the violation of this Part.
(6) Is mentally incompetent.
(7) Endeavors to deceive or defraud the public.
(8) Professional or medical incompetency.
(9) Unprofessional conduct.
(10) Continuing or recurring practices which fail to meet the standards of EMS care in this state.
(11) Abandonment of a patient.
(12) Has had a certification or license to practice as an emergency medical services practitioner or to practice as another health care provider denied, revoked, suspended, or otherwise restricted.
(13) Is guilty of moral turpitude.
(14) Has violated any rules and regulations of the commission or the bureau or any provision of this Part.
(15) Intentional falsification of any document related to license, emergency medical services education, or related to the care of the patient.
Acts 1997, No. 913, §2; Acts 2003, No. 208, §1; Acts 2004, No. 797, §1, eff. July 8, 2004; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.6 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.9. Injunction

RS 40:1133.9 - Injunction
The commission, through the bureau, may obtain an injunction without bond forbidding any person from violating or continuing to violate any of the provisions of this Part. This injunction shall not be subject to release upon bond.
Acts 1997, No. 913, §2; Redesignated from R.S. 40:1232.8 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.10. Violations

RS 40:1133.10 - Violations
No person shall engage in any of the following activities:
(1) Sell, or attempt to sell, falsely obtain, or furnish to any person any emergency medical services practitioner diploma, license document, or record, or aid or abet therein.
(2) Practice as an emergency medical services practitioner under any diploma, certificate, or license illegally obtained or signed or issued unlawfully.
(3) Practice as an emergency medical services practitioner unless licensed to do so under the provisions of this Part.
(4) Use in connection with his name any designation tending to imply that he is an emergency medical services practitioner unless duly authorized to practice under the provisions of this Part.
(5) Practice as an emergency medical services practitioner during the time the license issued under the provisions of this Part is suspended or revoked.
(6) Practice as an emergency medical services practitioner during the time his license has lapsed by reason of his intentional failure to renew the license.
(7) Conduct or serve as an educator in conducting any course claiming to prepare students for licensure as emergency medical services practitioner under the provisions of this Part, unless both the course and the educator have been approved by the bureau.
(8) Knowingly aid or abet another person in the violation of this Part.
(9) Operate as an ambulance operator unless certified to do so in accordance with the applicable provisions of this Part.
Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1232.9 by HCR 84 of 2015 R.S.; Acts 2022, No. 644, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.11. Prosecution

RS 40:1133.11 - Prosecution
A. Any person who violates the provisions of R.S. 40:1133.10 shall be subject to prosecution. This prosecution shall be brought in the name of the state, provided the provisions of this Part shall not prevent or interfere with a prosecution brought by the district attorney of a parish when a prosecution or a pre-prosecution proceeding has been initiated by the district attorney.
B. Whoever is found guilty of violating any provision of R.S. 40:1133.10 shall, upon a first conviction, be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Upon a second or subsequent conviction, the offender shall be imprisoned with or without hard labor for not more than two years and fined not more than five thousand dollars.
Acts 1997, No. 913, §2; Redesignated from R.S. 40:1232.10 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.12. Exceptions

RS 40:1133.12 - Exceptions
This Part shall not apply to the practice of emergency medical services by a legally qualified emergency medical services practitioner who is employed by the United States government, or by any bureau, division, or agency thereof, while in the discharge of his official duties.
Acts 1997, No. 913, §2; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1232.11 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.15. Hazardous substance transportation emergencies; payment for emergency medical services

RS 40:1133.15 - Hazardous substance transportation emergencies; payment for emergency medical services
The person or entity who in the course of transporting hazardous substances or materials causes or contributes to a discharge of a hazardous substance or material that causes an emergency condition shall be obligated to pay the reasonable costs of any emergency medical services provider whose presence or service, including standby, is requested at such hazardous substance emergency by any person authorized by the Department of Public Safety and Corrections or the Department of Environmental Quality to respond to a hazardous substance transportation emergency. Nothing in this Section shall affect the rights of any party to recover under any other provision of law.
Acts 1999, No. 209, §1; Redesignated from R.S. 40:1234.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.16. Public safety telecommunicator; instruction

RS 40:1133.16 - Public safety telecommunicator; instruction
A.(1) A public safety telecommunicator shall be trained in telephone cardiopulmonary resuscitation (T-CPR) utilizing training that meets or exceeds nationally recognized emergency cardiovascular care guidelines adopted by the bureau every two years. At a minimum, this training shall incorporate recognition protocols for out-of-hospital cardiac arrest, compression-only CPR instructions for callers, and continuing education as appropriate.
(2) On or before January 1, 2019, each public safety telecommunicator in a parish with a population greater than one hundred thousand, according to the latest federal decennial census, shall complete the T-CPR training required by this Section.
(3) On or before January 1, 2020, each public safety telecommunicator in a parish with a population between fifty thousand and one hundred thousand, according to the latest federal decennial census, shall complete the T-CPR training required by this Section.
(4) On or before January 1, 2021, each public safety telecommunicator in a parish with a population less than fifty thousand, according to the latest federal decennial census, shall complete the T-CPR training required by this Section.
B. A public safety agency may enter into a reciprocal agreement with another public safety agency to provide T-CPR, provided that the agency that accepts the call has a public safety telecommunicator who is trained in T-CPR as provided by this Section.
C. The bureau shall identify all public and private agencies, institutions, and individuals that are or may be engaged in T-CPR training and set minimum standards for course approval, instruction, and examination, including online training modules based on nationally recognized guidelines. The bureau shall implement an efficient means for each public safety agency employing public safety telecommunicators to transmit identifying information for the public safety telecommunicators in their employ and an efficient means for either the public safety agency or the public safety telecommunicator to provide a certificate of completion of the T-CPR training required by this Section.
D. The department shall adopt rules in accordance with the provisions of the Administrative Procedure Act as are necessary to implement the provisions of this Section.
Acts 2018, No. 578, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1133.17. Ambulance operators; requirements for certification; duties authorized

RS 40:1133.17 - Ambulance operators; requirements for certification; duties authorized
A. Each applicant for certification as an ambulance operator shall submit all of the following to the bureau:
(1) A copy of the applicant's valid, unrestricted driver's license at the appropriate level required by law.
(2) A copy of a current and valid defensive driving certificate issued by the National Safety Council or its equivalent as determined by the department.
(3) A copy of a current and valid American Heart Association Health Care
Provider credential, American Red Cross Professional Rescuer credential, or an equivalent cardio-pulmonary resuscitation certification approved by the department.
(4) A copy of the applicant's current official driving record from the Department of Public Safety and Corrections.
B. Each applicant for certification in accordance with this Section shall be at least eighteen years of age.
C. An ambulance operator certification shall expire one year after it is issued and shall not be renewable.
D. A certified ambulance operator may perform any of the following functions:
(1) Operate an ambulance in compliance with federal, state, and local law.
(2) Assist with the handling and movement of a sick, injured, or disabled individual if a licensed emergency medical services practitioner, registered nurse, physician assistant, or physician directly supervises the operator. No ambulance operator may administer care procedures that a licensed emergency medical services practitioner is authorized to administer unless he is trained and certified or licensed to do so.
E. No licensed emergency medical services practitioner shall be required to hold a certification as an ambulance operator in order to operate an ambulance.
Acts 2022, No. 644, §1.