reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.28. Partial birth abortion; civil action against abortionist

RS 40:1061.28 - Partial birth abortion; civil action against abortionist
A. No licensed physician or any other person shall perform a partial birth abortion on a female unless the procedure performed is necessary because of a medical emergency or to save the life of the mother.
B. Repealed by Acts 2022, No. 545, §4.
C. Any person who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial birth abortion, shall be subject to the provisions of this Section.
D. There is hereby created a cause of action for civil damages for injuries and wrongful death as more fully set forth in Louisiana Civil Code Articles 2315.1 and 2315.2, except that such causes of action shall only be maintained by the following persons:
(1) The natural or biological father of the aborted infant or fetus, unless such father's criminal conduct caused the pregnancy.
(2) The mother of the aborted infant or fetus, unless the mother is a person of the full age of majority and consented to the partial birth abortion.
(3) The parents or guardian on behalf of the mother of the aborted infant or fetus if the mother was a minor at the time of the abortion, unless the parents or guardian consented to the partial birth abortion.
E.(1) A physician charged with an offense under this Section may seek a hearing before the Louisiana State Board of Medical Examiners on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(2) The findings on that issue are admissible on that issue at the trial of the physician. Upon motion of the physician, the court shall delay the beginning of the trial for not more than thirty days to permit such hearing to take place.
Acts 2007, No. 473, §2, eff. July 12, 2007; Redesignated from R.S. 40:1299.35.17 by Acts 2008, No. 220, §14; Redesignated from R.S. 40:1299.35.18 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.29. Penalties

RS 40:1061.29 - Penalties
A. Whoever violates the provisions of this Chapter shall be fined not more than one thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or both.
B. Whoever violates the provisions of this Chapter shall be subject to a civil fine of one thousand dollars per incidence or occurrence. In addition to any other authority granted by the constitution and laws of this state, the attorney general shall have the authority to pursue the civil fines provided for in this Section.
C. In addition to whatever remedies are otherwise available under the law of this state, failure to comply with the provisions of this Chapter shall:
(1) Provide a basis for a civil malpractice action. Such an action may be brought by the woman upon whom the abortion was performed. Any intentional violation of this Chapter shall be admissible in a civil suit as prima facie evidence of a failure to comply with the requirements of this Chapter. When requested, the court shall allow a woman to proceed using solely her initials or a pseudonym and may close any proceedings in the case and enter other protective orders to preserve the privacy of the woman upon whom the abortion was performed.
(2) Provide a basis for professional disciplinary action, including but not limited to any action authorized under R.S. 37:1261 et seq.
(3) Provide a basis for recovery for the woman for the death of her unborn child under Civil Code Article 2315.2, whether or not the unborn child was viable at the time the abortion was performed, or was born alive.
(4) Provide a basis for the attorney general, the district attorney in whose jurisdiction the violation occurred, or the secretary of the department to obtain a writ of injunction, which shall not be subject to being released upon bond. The trial of the proceeding shall be summary and by the judge without a jury.
Added by Acts 1978, No. 435, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.18 by Acts 2008, No. 220, §14; Acts 2011, No. 411, §1, eff. Aug. 15, 2011; Acts 2013, No. 259, §1, eff. June 10, 2013; Redesignated from R.S. 40:1299.35.19 by HCR 84 of 2015 R.S.; Acts 2019, No. 435, §1, eff. June 22, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.30. Suspension or revocation of license; grounds; action to close outpatient abortion clinic

RS 40:1061.30 - Suspension or revocation of license; grounds; action to close outpatient abortion clinic
A. In addition to any violation of this Chapter, the following acts shall subject licensed outpatient abortion facilities to the provisions of R.S. 40:2175.6 regarding license suspension or revocation:
(1) Systematically, intentionally, or deliberately falsifying or destroying patient files or records in violation of R.S. 40:1061.17.
(2) Completing in advance of an appointment with a woman seeking abortion any portion of patient records or forms required by R.S. 40:1061.17 to include patient-specific data or a physician's signature.
B. The provisions of R.S. 40:2175.9 and R.S. 40:2175.10 shall apply to this Chapter.
Acts 2018, No. 564, §1; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1062. Redesignated to R.S. 40:1121.2 by HCR 84 of 2015 R.S.

RS 40:1062 - Redesignated to R.S. 40:1121.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1062.1. Redesignated to R.S. 40:1121.3 by HCR 84 of 2015 R.S.

RS 40:1062.1 - Redesignated to R.S. 40:1121.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1063. Redesignated to R.S. 40:1121.4 by HCR 84 of 2015 R.S.

RS 40:1063 - Redesignated to R.S. 40:1121.4 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1064. Redesignated to R.S. 40:1121.5 by HCR 84 of 2015 R.S.

RS 40:1064 - Redesignated to R.S. 40:1121.5 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1064.1. Redesignated to R.S. 40:1121.6 by HCR 84 of 2015 R.S.

RS 40:1064.1 - Redesignated to R.S. 40:1121.6 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1065. Redesignated to R.S. 40:1121.7 by HCR 84 of 2015 R.S.

RS 40:1065 - Redesignated to R.S. 40:1121.7 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1065.1. Redesignated to R.S. 40:1121.8 by HCR 84 of 2015 R.S.

RS 40:1065.1 - Redesignated to R.S. 40:1121.8 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1066. Redesignated to R.S. 40:1121.9 by HCR 84 of 2015 R.S.

RS 40:1066 - Redesignated to R.S. 40:1121.9 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1067. Redesignated to R.S. 40:1121.10 by HCR 84 of 2015 R.S.

RS 40:1067 - Redesignated to R.S. 40:1121.10 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1068. Redesignated to R.S. 40:1121.11 by HCR 84 of 2015 R.S.

RS 40:1068 - Redesignated to R.S. 40:1121.11 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1071. Statement of purpose

RS 40:1071 - Statement of purpose
A. In order to extend and improve, as far as practical under the conditions in this state, services for children with special health care needs and in order to provide leadership in the development and implementation of systems of care for the provision of medical, surgical, corrective, social, and other services and facilities for the diagnosis, hospitalization, and follow-up care which are family-centered, community-based, coordinated, and culturally competent for children with special health care needs, the Louisiana Department of Health, office of public health, is designated the agency of the state, through a program known as "Children's Special Health Services", to cooperate with the United States under the terms of Title V of the Social Security Act or any amendment thereof relating to services to these children, and to receive and expend federal monies for such services.
B.(1) The legislature hereby declares that one of the most serious problems facing medicine and the public health and welfare today is the absence of an adequate program to assist in the treatment, habilitation, and rehabilitation of persons suffering from spina bifida and other congenital or acquired spinal cord dysfunctions. Furthermore, it has been found that a fully coordinated approach to early identification is presently lacking, and yet is essential for guaranteeing the minimization of permanent disability.
(2) Therefore, in order to afford each citizen of the state of Louisiana every opportunity to develop his or her fullest human potential, it is a purpose of this Part to provide a comprehensive, coordinated approach to the care and treatment of spinal cord dysfunctions.
Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.111 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1071.1. Definitions

RS 40:1071.1 - Definitions
For the purposes of this Part, the following definitions shall apply:
(1) "Children with special health care needs" means children who have health problems which require services beyond routine and basic care. This includes children with disabilities, handicapping conditions, and chronic illnesses of sufficient severity to cause or to be likely to cause impairments which could significantly limit major life activities.
(2) "Department" means the Louisiana Department of Health.
(3) "Multidisciplinary team" means a coordinated group of various professionals who meet jointly to provide care and treatment for persons with spinal cord dysfunction.
(4) "Spinal cord disabled" means any individual under the age of twenty-one who has a spinal cord disease, injury, neural tube defect, or hydrocephalus, whether congenital or acquired, which results in partial or total loss of motor or sensory functions, or both, and which results in partial or total disability, whether such disability is temporary or permanent. This definition shall include spina bifida and other diseases of the spinal column.
Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.112 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1071.2. Program for combating spinal cord disabilities; establishment

RS 40:1071.2 - Program for combating spinal cord disabilities; establishment
A. The office of public health shall establish a plan for services to children with special health care needs and shall promulgate any such rules and regulations as may be necessary to place the plan into effect. Any such plan may provide for:
(1) The administration of the plan by the office of public health.
(2) The office of public health to make any reports as may be required by the federal government.
(3) Accomplishing the purposes provided in R.S. 40:1071.
(4) Cooperation with medical, health, nursing, social work, and welfare groups and organizations which provide services to children with physical disabilities.
(5) Such other provisions as may be deemed necessary to carry out the purposes of this Part.
B. The secretary of the Louisiana Department of Health shall establish within the office of public health a comprehensive program designed to provide for the coordinated treatment, habilitation, and rehabilitation of persons suffering from congenital or acquired spinal cord dysfunctions. The secretary shall promulgate rules and regulations necessary to carry out the provisions of this Part in accordance with the Administrative Procedure Act.
Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.113 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1071.3. Program functions and responsibilities

RS 40:1071.3 - Program functions and responsibilities
The secretary of the department shall develop and administer the program for combating multiple handicapping conditions, which shall:
(1) Provide for the oversight of the regional multidisciplinary teams established pursuant to R.S. 40:1071.4, the coordination of statewide care, and which shall serve as an avenue for communication among the teams.
(2) Collect and disseminate information concerning the latest proven advances in treatment methods for spinal cord dysfunctions.
(3) Work with all appropriate agencies, organizations, and individuals throughout the state to develop a fully integrated statewide network of coordinated services for persons with spinal cord disabilities, providing for all needed services, including but not limited to early detection, all phases of emergency care, habilitation, rehabilitation, and follow-up care.
(4) Identify all possible and existing funding sources and other resources for each service identified in the treatment plan for an individual for which he may be eligible and assist such individual in obtaining the necessary funds from existing sources.
(5) Assist appropriate public and private agencies and individuals in development of proposals for submission to the proper authorities for obtaining all available federal, state, and private monies which could be applied towards the objectives of the program.
(6) Develop and implement a system for the early identification of persons with congenital spinal cord disabilities and for referral of such persons for assistance, including establishment of a voluntary central registry of such persons; and develop and implement a system for the early identification of persons with acquired spinal cord disabilities, for the referral of such persons for assistance, and for the mandatory reporting of spinal cord injuries to a central registry without regard to the age of the injured person.
(7) Develop standards for determining financial eligibility for assistance in defraying the cost of care and treatment of spinal cord dysfunctions.
(8) Inform parents of children with spinal cord disabilities, citizens, families, and agencies of the availability of programs and services.
(9) Identify and cooperate with existing agencies, organizations, and individuals offering services to persons with spinal cord disabilities.
(10) Identify service needs which cannot be adequately met by existing agencies.
(11) Repealed by Acts 1993, No. 468, §2, eff. June 9, 1993.
Added by Acts 1981, No. 690, §2; Acts 1985, No. 343, §1, eff. July 9, 1985; Acts 1993, No. 468, §2, eff. June 9, 1993; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.114 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1071.4. Multidisciplinary teams; establishment; personnel

RS 40:1071.4 - Multidisciplinary teams; establishment; personnel
A. The department shall establish within the office of public health a network of regional multidisciplinary teams of professionals, each team having a designated area of responsibility within the state. Each such team shall constitute a regional spinal cord disabilities treatment center. Each team shall develop channels of referral using local community services within its respective area, so that each local physician and the families of individuals with spinal cord dysfunctions within each region can be made aware of the availability of the team, its goals, and its methods.
B. Each multidisciplinary team shall include but not be limited to the following:
(1) A medical coordinator, preferably a pediatrician.
(2) A neurosurgeon.
(3) An orthopedist.
(4) A urologist.
(5) A registered nurse.
(6) A social worker.
(7) A physical therapist.
C. The team may also consist of such other professionals as geneticists, stoma therapists, occupational therapists, nutritionists, psychologists, a special educator, and a vocational rehabilitation counselor. Other specialists may, from time to time, be called upon from other areas of expertise as needed, but need not be team members.
Added by Acts 1981, No. 690, §2. Acts 1993, No. 468, §1, eff. June 9, 1993; Redesignated from R.S. 40:1299.115 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1071.5. Funds

RS 40:1071.5 - Funds
The department may receive monies from any source, including state and federal funds, grants, and gifts which shall be expended for the purposes designated in this Part.
Added by Acts 1981, No. 690, §2; Redesignated from R.S. 40:1299.116 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1071.6. Obesity; criteria for classification as a disease

RS 40:1071.6 - Obesity; criteria for classification as a disease
The state health officer shall classify obesity as a disease in all cases where the person's body mass index (BMI) is 30 kg/m2, or where a person's body mass index (BMI) is 27 kg/m2 or greater and the person suffers from one or more of the following conditions or diseases:
(1) Type II diabetes.
(2) Impaired glucose tolerance.
(3) Hyperinsulinemia.
(4) Dyslipidemia.
(5) Hypertension.
(6) Cardiovascular disease.
(7) Gastric reflux disease.
(8) Gall bladder disease.
(9) Osteoarthritis of the hips or knees.
(10) Sleep apnea.
(11) Cerebrovascular disease.
Added by Acts 1999, No. 1316, §1; Redesignated from R.S. 40:1299.117 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1073.1. Definitions

RS 40:1073.1 - Definitions
In this Part, unless the context otherwise requires, the following definitions are applicable:
(1) "Department" means the Louisiana Department of Health.
(2) "Early intervention services" means services that are designed to meet the developmental needs of an infant or toddler with a disability, in any one or more of the following areas:
(a) Physical development.
(b) Cognitive development.
(c) Communication development.
(d) Social or emotional development.
(e) Adaptive development.
(3) "Early intervention services provider" means any provider of early intervention services to infants and toddlers with disabilities and their families. "Early intervention services provider" includes but is not limited to the following:
(a) Special educators.
(b) Speech-language pathologists and audiologists.
(c) Occupational therapists.
(d) Physical therapists.
(e) Psychologists.
(f) Social workers.
(g) Nurses.
(h) Registered dieticians.
(i) Family therapists.
(j) Vision specialists, including ophthalmologists and optometrists.
(k) Orientation and mobility specialists.
(l) Pediatricians and other physicians.
Acts 2014, No. 72, §1; Redesignated from R.S. 40:1300.381 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1073.2. Velocardiofacial syndrome and 22q11.2 deletion syndrome; dissemination of information; rulemaking authority; costs

RS 40:1073.2 - Velocardiofacial syndrome and 22q11.2 deletion syndrome; dissemination of information; rulemaking authority; costs
A. The department shall make available materials regarding velocardiofacial syndrome and 22q11.2 deletion syndrome to each early intervention services provider in this state.
B. Each early intervention services provider may offer the materials to parents of a child who is known by the provider to have at least two of the following conditions:
(1) Hypotonicity.
(2) Communication delay.
(3) Articulation disorder.
(4) Resonance disorder.
(5) Nasal regurgitation during feeding as an infant with no history of a cleft palate.
(6) Recurrent ear infections as well as diagnosis of cardiac anomaly, feeding disorder, cleft palate, or submucosal cleft palate.
(7) Fine motor or gross motor skills delay.
C.(1) The department shall develop the materials required pursuant to this Section using medically accurate, peer-reviewed literature.
(2) The materials made available by the department pursuant to this Section shall include, at a minimum, all of the following:
(a) An explanation of velocardiofacial syndrome and 22q11.2 deletion syndrome symptoms, diagnosis, and treatment options.
(b) Information on relevant state agency and nonprofit resources, parent support groups, and available Medicaid waiver programs.
(c) A recommendation for follow-up with a healthcare provider for evaluation of the underlying etiology and an explanation that the existence of any of the conditions listed in Subsection B of this Section will not necessarily result in a diagnosis of velocardiofacial syndrome or 22q11.2 deletion syndrome.
D. The department may adopt, in accordance with the Administrative Procedure Act, any rules and regulations necessary to implement this Section.
E. In developing the materials required by this Section, the department may utilize any available resources for the purposes of minimizing costs to the department.
Acts 2014, No. 72, §1; Redesignated from R.S. 40:1300.382 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1075.1. Short title

RS 40:1075.1 - Short title
This Part shall be known and may be cited as the "Emergency Medical Services for Children Program".
Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.101 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1075.2. Legislative intent

RS 40:1075.2 - Legislative intent
The legislature finds and declares that:
(1) Traumatic injuries, such as automobile accidents, bicycle accidents, drownings, and poisonings, are the most common cause of death in children over the age of one, and children have a high death rate in these emergency situations.
(2) Children react differently than adults to stress, metabolize drugs differently, and suffer different illnesses and injuries. Because of these differences, children's emergency medical needs should be recognized.
(3) Emergency medical services training programs focus on adults and, therefore, offer fewer hours of pediatric training. In addition, many emergency medical services personnel have no clinical experience with children, indicating the need to improve training of these personnel in pediatric emergencies.
(4) It is the public policy of this state that children are entitled to comprehensive emergency medical services, including pre-hospital, hospital, and rehabilitative care.
Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.102 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1075.3. Definitions

RS 40:1075.3 - Definitions
As used in this Part:
(1) "Advanced life support" means an advanced level of pre-hospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized in writing by the secretary pursuant to department regulations.
(2) Repealed by Acts 2013, No. 184, §4(B).
(3) "Basic life support" means a basic level of pre-hospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the secretary.
(4) "Coordinator" means the person coordinating the EMSC program.
(5) "Department" means the Louisiana Department of Health.
(6) "EMSC program" means the Emergency Medical Services for Children Program.
(7) "Emergency medical services personnel" means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support pre-hospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital. Nothing in this Paragraph shall be deemed or construed to expand the duties or functions of emergency medical services personnel as established by other provisions of law.
(8) "Pre-hospital care" means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.
(9) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 1995, No. 1306, §1; Acts 2013, No. 184, §4(B); Redesignated from R.S. 40:1300.103 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1075.4. Emergency Medical Services for Children Program; establishment; administration; functions

RS 40:1075.4 - Emergency Medical Services for Children Program; establishment; administration; functions
A. There is established within the Louisiana Department of Health, the Emergency Medical Services for Children Program.
B. The secretary shall hire a full-time coordinator for the EMSC program who:
(1) Shall implement the EMSC program.
(2) May employ professional, technical, research, and clerical staff as necessary within the limits of available appropriations.
(3) May solicit and accept grants of funds from the federal government and from other public and private sources.
C. The EMSC program shall include, but not be limited to, the establishment of the following:
(1) Initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children.
(2) Guidelines for referring children to the appropriate emergency treatment facility.
(3) Pediatric equipment guidelines for pre-hospital care.
(4) Guidelines for hospital-based emergency departments appropriate for pediatric care to assess, stabilize, and treat critically ill infants and children, either to resolve the problem or to prepare the child for transfer to a pediatric intensive care unit or a pediatric trauma center.
(5) Guidelines for pediatric intensive care units, pediatric trauma centers, and intermediate care units fully equipped and staffed by appropriately trained critical care pediatric physicians, surgeons, nurses, and therapists.
(6) An inter-hospital transfer system for critically ill or injured children.
(7) Pediatric rehabilitation units staffed by rehabilitation specialists and capable of providing any service required to assure maximum recovery from the physical, emotional, and cognitive effects of critical illness and severe trauma.
Acts 1995, No. 1306, §1; Acts 2013, No. 184, §4(A); Redesignated from R.S. 40:1300.104 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1075.5. Implementation; rules and regulations

RS 40:1075.5 - Implementation; rules and regulations
The secretary shall, pursuant to the Administrative Procedure Act, adopt rules and regulations necessary to implement this Part.
Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.106 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1075.6. Costs

RS 40:1075.6 - Costs
The cost of compliance with the requirements of this Part shall be provided for in the existing budget allocation for the department.
Acts 1995, No. 1306, §1; Redesignated from R.S. 40:1300.107 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1077.1. Definitions

RS 40:1077.1 - Definitions
As used in this Part, the following terms shall have the following meanings:
(1) "Pediatric" means children and youth eligible and certified for Medicaid coverage, Louisiana Children's Health Insurance Program coverage, or coverage under a Louisiana Medicaid waiver program or Louisiana Medicaid managed care program.
(2) "Unique provider of health services for catastrophically ill children" means an institution designated by the National Cancer Institute as a Comprehensive Cancer Center focused solely on pediatrics and that is a children's hospital dedicated to caring for children with catastrophic illness and conducting basic and advanced research into catastrophic childhood diseases such as cancers, acquired and inherited immunodeficiencies, and genetic disorders.
Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.311 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1077.2. Reimbursement

RS 40:1077.2 - Reimbursement
A. The secretary of the Louisiana Department of Health shall provide coverage and reimbursement to a unique provider of health services for catastrophically ill children to the same extent that it would provide coverage for services for those children furnished within the boundaries of the state and shall ensure that reimbursement to such institution shall be equal to the reimbursement rate of in-state children's hospitals for pediatric care. Such reimbursements shall be less than five hundred thousand dollars in total expenditures in any state fiscal year.
B. Implementation of the provisions of this Part shall be subject to the appropriation of funds by the legislature for this purpose.
Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.312 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1077.3. Rules and regulations

RS 40:1077.3 - Rules and regulations
The Louisiana Department of Health shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, and take such other actions as are necessary to implement the provisions of this Part. The Louisiana Department of Health shall submit to and obtain approval from the Centers for Medicare and Medicaid Services of a Medicaid State Plan Amendment that contains a reimbursement methodology that restricts payments to the annual maximum established in this Part prior to implementation of the provisions of this Part.
Acts 2009, No. 419, §2; Redesignated from R.S. 40:1300.313 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.1. Medical treatment

RS 40:1079.1 - Medical treatment
A.(1) 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 an illness or 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.
(2) A minor may consent to medical care or the administration of medication by a hospital licensed to provide hospital services or by a physician licensed to practice medicine in this state for the purpose of alleviating or reducing pain, discomfort, or distress of and during labor and childbirth. The manner of administration of medications includes but is not limited to intravenous, intramuscular, epidural, and spinal. This consent shall be valid and binding as if the minor had achieved her majority, and it shall not be subject to a later disaffirmance by reason of her 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, or administration of drugs 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 hospital and 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 1972, No. 182, §1; Acts 1994, 3rd Ex. Sess., No. 18, §2, eff. July 6, 1994; Acts 2001, No. 884, §1; Redesignated from R.S. 40:1095 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.2. Treatment for drug abuse

RS 40:1079.2 - Treatment for drug abuse
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 addicted to a narcotic or other drug, 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 hospital and 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 1972, No. 183, §1; Redesignated from R.S. 40:1096 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.3. Donation of blood

RS 40:1079.3 - Donation of blood
A. Notwithstanding any other provision of the laws of the state of Louisiana, a minor may give consent to the donation of his blood and to the penetration of tissue necessary to accomplish such donation if either of the following criteria is satisfied:
(1) The minor has reached the age of sixteen years and the written consent of the parents, legal guardian, or person who has legal authority to consent on behalf of the minor has been obtained.
(2) The minor has reached the age of seventeen years. The consent of the parents or guardian of a minor who has reached the age of seventeen years shall not be required.
B. No minor shall be compensated for the donation of his blood.
C. Consent which is obtained pursuant to this Section shall not be subject to deferments because of minority.
Added by Acts 1972, No. 361, §1. Amended by Acts 1978, No. 173, §1; Acts 2010, No. 145, §1; Redesignated from R.S. 40:1097 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.11. Statement of purpose

RS 40:1079.11 - Statement of purpose
It is the purpose of this Subpart to provide for accessibility to preventive alcoholism and addiction counseling or treatment by qualified professionals for minor children.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.12. Definitions

RS 40:1079.12 - Definitions
As used in this Subpart, the following terms shall have the following meanings:
(1) "Child" means an unmarried individual under the age of eighteen.
(2) "Facility" means an entity licensed by the Louisiana Department of Health that provides a broad range of diagnostic, treatment, and rehabilitation services on both a scheduled and nonscheduled basis in an accessible residential or nonresidential setting by qualified professionals to persons and their families in need of counseling or treatment related to alcohol abuse and alcoholism, or drug abuse, or both.
(3) "Parent" shall be defined as provided in Children's Code Article 116.
(4) "Preventive alcoholism and addiction counseling", hereinafter referred to as "preventive counseling", means services, general guidance and support, or service coordination, including but not limited to individual and group counseling, support services, and education about alcohol and other drugs and their effects, which are provided by a qualified professional to prevent a child from developing or suffering from alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental health problems.
(5) "Qualified professional" shall include:
(a) A certified substance abuse counselor or certified prevention counselor.
(b) A licensed clinical social worker, psychologist licensed under R.S. 37:2351 et seq., medical psychologist licensed under R.S. 37:1360.51 et seq., physician licensed to practice medicine by the Louisiana State Board of Medical Examiners, or licensed professional counselor.
(c) A substance abuse counselor in training or prevention counselor in training with approved supervision from a certified substance abuse counselor, licensed clinical social worker, licensed professional counselor, or certified prevention counselor.
(d) A teacher or other educational professional with specialized training in substance abuse, as outlined by the office of alcohol and drug abuse.
(e) A registered nurse who has at least one year of experience in the treatment of alcoholism, addiction, or other alcohol and drug-related problems.
(6) "School" means any public elementary or secondary school in the state of Louisiana operated by a city or parish school board or any nonpublic school approved by the State Board of Elementary and Secondary Education.
(7) "Treatment" means an active effort to accomplish an improvement in the mental condition or behavior of a child or to prevent deterioration in his condition or behavior as it relates to drug or alcohol abuse. Treatment includes but is not limited to hospitalization, partial hospitalization, outpatient services, examination, diagnosis, training, the use of pharmaceuticals, and other services as necessary to treat such abuse.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Acts 1999, No. 1117, §1, eff. July 9, 1999; Acts 1999, No. 1309, §8, eff. Jan. 1, 2000; Acts 2009, No. 251, §9, eff. Jan. 1, 2010; Redesignated from R.S. 40:1098.2 by HCR 84 of 2015 R.S.; Acts 2021, No. 238, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.13. Consent requirements

RS 40:1079.13 - Consent requirements
A. A school or a facility may provide preventive counseling or treatment to a child without parental consent if all of the following conditions are met:
(1) The child requests such preventive counseling or treatment.
(2) The child withholds permission to contact a parent or parents to seek consent.
(3) A qualified professional reasonably determines in good faith and based on independent evidence that seeking parental consent would not be helpful and would be harmful to the child.
(4) The child provides a statement of his or her reason for seeking preventive counseling or treatment and provides written consent for such services.
B. When requesting a child's written consent for providing preventive counseling or treatment, the school or facility shall comply with all of the following:
(1) Advise the child of the purpose and nature of the preventive counseling or treatment.
(2) Inform the child that the school or facility will maintain a confidential written record of the services provided.
(3) Inform the child that he or she may withdraw consent and cease participating in the preventive counseling or treatment at any time.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.14. Facility requirements

RS 40:1079.14 - Facility requirements
Any school or facility that provides preventive counseling or treatment services to a child, without parental consent, shall at a minimum:
(1) Maintain a written record of the reason for the preventive counseling or treatment without parental consent and a record of the attempts, if any, made to obtain such consent.
(2) Conduct an initial assessment and evaluation of the child to determine the extent of preventive counseling or treatment services needed.
(3) Prepare a written plan for the provision of preventive counseling or treatment based on the individual assessment and evaluation of the child's needs.
(4) Provide preventive counseling or treatment in accordance with the written plan.
(5) Maintain a written record of the services provided to the child including periodic notes relating to the child's progress.
(6) When it has been determined such services are no longer necessary or the child withdraws from the program, prepare a written summary of the preventive counseling or treatment provided to the child and a statement of the child's progress and maintain such summary and statement as part of the child's records.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.4 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.15. Parental involvement in counseling

RS 40:1079.15 - Parental involvement in counseling
Any school or facility that provides preventive counseling or treatment to a child shall seek, only with the written consent of the child, the involvement of a parent, family member, or other individual close to the child. Such involvement shall be in conformity with the confidentiality requirements of R.S. 40:1079.18.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.5 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.16. Limitation of liability

RS 40:1079.16 - Limitation of liability
A. Any qualified professional who provides services in accordance with the provisions of this Subpart without the permission of one or both of the child's parents shall be presumed to be acting in good faith.
B. Any qualified professional found to be acting in good faith and in compliance with the provisions of this Subpart, and absent willful and wanton misconduct, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of action taken pursuant to this Subpart.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.6 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.17. Authorized resources

RS 40:1079.17 - Authorized resources
A school or facility may solicit and use any available state, federal, or private resources, which may include but shall not be limited to funds, in-kind resources, or volunteer services, for the purpose of providing preventive counseling services or treatment for alcohol or drug abuse.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.7 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1079.18. Confidentiality

RS 40:1079.18 - Confidentiality
Notwithstanding any other provision of law to the contrary, the identity of persons receiving preventive counseling or treatment and all records containing information regarding the provision of preventive counseling or treatment shall be confidential. No qualified professional or employee of a school or facility providing preventive counseling or treatment shall disclose any records or information in such records containing the identity of any child receiving preventive counseling or treatment except in compliance with state and federal laws and regulations.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from R.S. 40:1098.8 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.1. Programs for combating phenylketonuria, congenital hypothyroidism, galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions

RS 40:1081.1 - Programs for combating phenylketonuria, congenital hypothyroidism, galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions
A. The Louisiana Department of Health is hereby authorized and directed to establish, maintain, and carry out programs designed to reduce mortality and morbidity from sickle cell disease and to prevent central nervous system damage in children with phenylketonuria, congenital hypothyroidism, biotinidase deficiency, galactosemia and genetic conditions tested under the authority of R.S. 40:1081.2(B).
B.(1) The Louisiana Department of Health shall establish and maintain a diagnostic laboratory for each of the following purposes:
(a) Conducting experiments, projects, and other undertakings as may be necessary to develop tests for the early detection of phenylketonuria, congenital hypothyroidism, galactosemia, sickle cell diseases, biotinidase deficiency, and other genetic conditions.
(b) Developing ways or discovering methods to be used for the prevention and treatment of these diseases.
(c) Such other purposes as may be deemed necessary by the department to carry out any program adopted under the authority of this Subpart, including conducting experiments, projects, and other undertakings as may be necessary to develop tests for genetic conditions made part of the battery of tests by the Louisiana Department of Health under R.S. 40:1081.2(B).
(2) Notwithstanding the foregoing, the term "prevention" as used with respect to sickle cell anemia shall not mean mandatory sterilization or abortion.
C. The department is authorized to adopt rules and regulations necessary to carry out any program which may be established.
D. The Louisiana Department of Health shall establish a program for informing physicians and hospitals of the current medical standards for diagnosing and treating children who exhibit clinical symptoms which suggest the existence of galactosemia. This program shall be established in consultation with and shall be based on the recommendations of the Louisiana Hospital Association and the Louisiana State Medical Society.
Acts 1964, No. 269, §1. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1981, No. 430, §1; Acts 1982, No. 375, §1; Acts 1984, No. 265, §2; Acts 1987, No. 598, §1, eff. July 9, 1987; Acts 1989, No. 91, §1; Acts 1991, No. 729, §1; Acts 1993, No. 997, §1; Acts 1999, No. 328, §1; Redesignated from R.S. 40:1299 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.3. Cooperation with the Louisiana Department of Health

RS 40:1081.3 - Cooperation with the Louisiana Department of Health
The various boards, commissions, departments and agencies of the state and of the parishes, municipalities and other political subdivisions capable of assisting or having services and facilities for assisting the Louisiana Department of Health in carrying out any program established under the authority of this Subpart may cooperate with the Louisiana Department of Health and may furnish any such services and facilities in aid of any such program.
Acts 1964, No. 269, §3. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.2 by HCR 84 of 2015 R.S.