reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.1. Definitions

RS 40:2010.1 - Definitions
For the purpose of R.S. 40:2010.1 through R.S. 40:2010.5 unless the context otherwise requires:
(1) "Agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or by any parish or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities.
(2) "Facility" means any nursing home or board and care home licensed by the state or required to be licensed by the state under the terms of R.S. 40:2009.1 through R.S. 40:2009.12, and R.S. 40:2151-2163.
(3) "Office" means the office of the state long term care ombudsman in the office of elderly affairs in the office of the governor.
(4) "Ombudsman" means the administrator of the office of the state ombudsman created pursuant to R.S. 40:2010.1 through R.S. 40:2010.5 in the office of elderly affairs.
(5) "Representative" means any person who meets the qualifications and completes the training required by the office of the state long term care ombudsman, as specified by administrative rule, and who is currently in good standing with the office of the state long term care ombudsman as a local ombudsman.
(6) "Resident" means, any person who is a resident or client of a facility.
Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.2. Establishment of the office of the ombudsman

RS 40:2010.2 - Establishment of the office of the ombudsman
The office of the state long-term care ombudsman is established in the office of elderly affairs for the purpose of assisting residents of facilities within this state. The office shall by administrative rule specify the educational and professional requirements for such ombudsman. Nothing contained in R.S. 40:2010.1 through 2010.5 shall be construed to supersede or modify the ultimate authority exercised over nursing homes by the Louisiana Department of Health pursuant to R.S. 40:2009.1 et seq.
Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1; Acts 1997, No. 1264, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.3. Ombudsman; functions and responsibilities

RS 40:2010.3 - Ombudsman; functions and responsibilities
A. The ombudsman shall have the following functions and responsibilities:
(1) To visit facilities on a regular basis in order to become acquainted with residents, residents' families, facility administration and facility personnel; to promote community involvement with residents of facilities; to serve as a liaison between residents, residents' families, facility personnel and facility administration.
(2) To encourage residents in self-advocacy when problems are expressed and to make recommendations to the facility administration for the appropriate resolution of the problem.
(3) To promote the development of citizen organizations to participate in the ombudsman program.
(4) To make referrals and recommendations to the Louisiana Department of Health and the Department of Children and Family Services, where such referral is appropriate.
(5) To provide for the training of the ombudsman, including volunteers and other representatives of the ombudsman, in:
(a) Federal, state, and local laws and regulations, and policies with respect to long term care facilities in state.
(b) Investigative techniques.
(c) Such other matters as the office deems appropriate.
(6) To provide reports to the oversight subcommittee of the joint committee on health and welfare as the subcommittee may require.
B. No officer, employee, or other representative of the office of the state long term care ombudsman may investigate any complaint filed with the office unless the individual has received such training as may be required under Paragraph (A)(5) of this Section and has been approved by the long term care ombudsman as qualified to investigate such complaints.
Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.4. Ombudsman; powers; prohibition of interference; penalties

RS 40:2010.4 - Ombudsman; powers; prohibition of interference; penalties
A. The ombudsman shall have immediate access to any resident in the reasonable pursuit of his functions and responsibilities, shall inform the administrator or person in charge of his presence upon entering the facility, and shall perform his duties in the manner least disruptive of patient care and activities.
B. In exercising its responsibilities, the office may engage in the following actions:
(1) Communicating privately and confidentially with residents of facilities.
(2) Reviewing or obtaining any books, files, medical, social or financial records, or other relevant records pertaining to a particular resident, provided written consent is obtained from such resident or his legal representative.
(3) The office of the state long term care ombudsman will establish procedures, through the Administrative Procedure Act, for appropriate access by ombudsman to long term care facilities and patient's records, including procedures to protect the confidentiality of such records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of such complainant or resident, or upon court order.
C. Willful interference with representatives of the office of the state long term care ombudsman in the performance of their official duties, as defined by state and federal laws and regulations, shall be unlawful. Retaliation and reprisals by a long term care facility or other entity with respect to any resident or employee of a long term care facility for having filed a complaint with or provided information to the office of the state long term care ombudsman is prohibited. Any person who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than one hundred or more than five hundred dollars.
D. No representative of the office of the state long term care ombudsman will be liable under state law for the good faith performance of official duties as defined by state and federal laws and regulations.
Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.5. Confidentiality of records; liability

RS 40:2010.5 - Confidentiality of records; liability
The ombudsman and any agency that receives information from the ombudsman shall maintain as confidential all matters relating to any inquiry or referral, including the identities of the residents, unless the resident or a legal representative consents in writing to the disclosure or unless ordered by a court to do so.
Added by Acts 1982, No. 515, §1. Acts 1988, No. 1003, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.6. Legislative intent

RS 40:2010.6 - Legislative intent
The legislature finds that persons residing within nursing homes are isolated from the community and often lack the means to assert their rights as individual citizens. The legislature further recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and some personal freedom. It is therefore the intent of the legislature to preserve the dignity and personal integrity of residents of nursing homes through the recognition and declaration of rights safeguarding against encroachments upon nursing home residents' right to self-determination. It is further the intent that the provisions of R.S. 40:2010.6 through R.S. 40:2010.9 complement and not duplicate or substitute for other survey and inspection programs regarding nursing homes.
Added by Acts 1985, No. 734, §1, eff. July 17, 1985.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.7. Definitions

RS 40:2010.7 - Definitions
For the purpose of R.S. 40:2010.6 through R.S. 40:2010.9, unless the context otherwise requires:
(1) "Ancillary service" means, but is not limited to, podiatry, dental, audiology, vision, physical therapy, occupational therapy, psychological and social services, and planning services.
(2) "Chemical restraint" includes any drug listed in the schedules of controlled substances under R.S. 40:964 as a substance having a depressant effect on the central nervous system, or chlorpromazine hydrochloride.
(3) "Physical restraint" means, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that he is unable to remove easily. It also includes a geriatric chair and a locked room door.
(4) "Sponsor" means an adult relative, friend, or guardian of a resident who has an interest or responsibility in the resident's welfare, and preferably who is designated as the responsible party on the resident's admission forms.
Added by Acts 1985, No. 734, §1, eff. July 17, 1985.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.9. Civil enforcement

RS 40:2010.9 - Civil enforcement
A. Any resident who alleges that his rights, as specified in R.S. 40:2010.8, have been deprived or infringed upon may assert a cause of action for injunctive relief against any nursing home or health care facility responsible for the alleged violation. The action may be brought by the resident or his curator, including a curator ad hoc. The action may be brought in any court of competent jurisdiction to enforce such rights or to enjoin any deprivation or infringement on the rights of a resident. Any plaintiff who prevails in such action shall be entitled to recover reasonable attorney fees, and costs of the action, unless the court finds that the losing plaintiff has acted in bad faith with malicious purpose, and that there was an absence of a justiciable issue of either law or fact, in which case the court shall award the prevailing party his reasonable attorney fees.
B. The remedies provided in this Section shall not be construed to restrict other legal and administrative remedies available to a resident and to the Louisiana Department of Health or other governmental agencies.
C. Any claim brought pursuant to R.S. 40:2010.8 et seq. shall be filed in a court of competent jurisdiction within one year from the date of the alleged act, omission or neglect, or within one year from the date of discovery of the alleged act, omission or neglect; however, even as to claims filed within one year from the date of such discovery, in all events such claims shall be filed at the latest within a period of three years from the date of the alleged act, omission or neglect. The provisions of this Section shall apply to all persons whether or not infirm or under disability of any kind and including, but not limited to, minors, interdicts and all persons adjudicated to be incompetent of handling their own affairs.
Added by Acts 1985, No. 734, §1, eff. July 17, 1985. Acts 1995, No. 1148, §1; Acts 2003, No. 506, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2010.10. Provision of annual licensing survey results to all residents and potential residents of nursing homes

RS 40:2010.10 - Provision of annual licensing survey results to all residents and potential residents of nursing homes
A. All nursing homes shall during the admission process provide notification to the applicant that the applicant may receive a copy of the annual licensing survey as well as the telephone number to report complaints, and the applicant shall sign stating they have been so notified.
B. The failure of a nursing home to comply with the provisions of this Section shall constitute a violation of resident's rights as provided in R.S. 40:2010.8, et seq., and shall constitute grounds for appropriate action by the Louisiana Department of Health.
Acts 2004, No. 295, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2011. Immunization information; shingles; pneumonia

RS 40:2011 - Immunization information; shingles; pneumonia
A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department of Health shall provide licensed nursing homes with educational information on zoster, also known as shingles. The educational information shall include, at a minimum, the risks associated with shingles and how to protect oneself against the varicella-zoster virus. The licensed nursing homes shall disseminate this information to their residents.
B. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, the Louisiana Department of Health shall provide licensed nursing homes with educational information on pneumonia. The educational information shall include, at a minimum, the risks associated with pneumonia and the availability of the pneumococcal immunization. The licensed nursing homes shall disseminate this information to their residents.
C. Nothing in this Section shall be construed to require any licensed nursing home to provide or pay for any immunization against the varicella-zoster virus or pneumonia.
D. The Louisiana Department of Health shall provide the educational information required by Subsections A and B of this Section through the posting of a link to its website where the information can be downloaded by the licensed nursing homes.
Acts 2016, No. 155, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2012.1. Admission of indigent patients

RS 40:2012.1 - Admission of indigent patients
Any indigent person suffering with tuberculosis who has resided in Louisiana for a period of one year may be admitted to any tuberculosis hospital operated by the Louisiana Department of Health upon the recommendation of any registered physician and upon being found by the superintendent of the hospital to be a fit subject entitled to such admission.
Added by Acts 1958, No. 34, §1. Amended by Acts 1977, No. 518, §1; 1977, No. 680, §20.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2012.2. Admission of pay patients; disposition of proceeds

RS 40:2012.2 - Admission of pay patients; disposition of proceeds
Patients suffering with tuberculosis who are able to pay for hospitalization in a hospital operated by the department shall reimburse the hospital for expenses of their hospitalization, medical services, drugs, and medicines at rates to be fixed by the department, and the proceeds of fees paid by such patients shall be transmitted to the state treasurer in accordance with state laws.
Added by Acts 1958, No. 34, §1; Amended by Acts 1977, No. 402, §1; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2012.3. Transportation of indigent patients to hospital; expenses

RS 40:2012.3 - Transportation of indigent patients to hospital; expenses
A. Upon being shown the certificate of the superintendent of the hospital entitling an indigent tuberculosis patient to admission to a state-owned tuberculosis hospital, the parish sheriff shall arrange for the transportation of the patient to such hospital.
B. The sheriff may collect from the parish five cents per mile for the distance the patient is transported from the parish to the hospital designated. Where more than one patient is transported at a time, the sheriff shall receive five cents per mile for each patient transported. This five cents per mile shall be made to cover any means of transportation, sleeping accommodations, and sustenance of patients during their transportation. In addition to these amounts, the sheriff may collect for his own expenses an additional five cents per mile for each mile traveled in transporting the patient or patients to the hospital and in returning. The sheriff shall take the most direct route possible in going to and returning from the hospital. If any parish fails or refuses to pay the transportation charges to any sheriff justly entitled to them, the sheriff may proceed by summary writ of mandamus in the district court, without cost, against the governing authority of the parish to enforce payment.
Added by Acts 1958, No. 34, §1; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013. Louisiana Department of Health as mental health and developmental disabilities authority

RS 40:2013 - Louisiana Department of Health as mental health and developmental disabilities authority
The Louisiana Department of Health in addition to other powers and duties conferred upon it by this Chapter, is hereby designated as the sole agency:
(1) For carrying out the purposes of the National Mental Health Act, Public Law 79-487.1
(2) For carrying out the purposes of the Maternal and Child Health and Mental Retardation Planning Amendments of 1963, Title VII of Public Law 88-156 in relation to planning.2
(3) For carrying out the Mental Retardation Facilities Construction Act, Part C of Title I of Public Law 88-164.3
(4) For carrying out the purposes of the Community Mental Health Centers Act, Title II of Public Law 88-164.4
(5) For carrying out the purposes of the Alcohol, Drug Abuse and Mental Health Administration Reorganization Act, Public Law 102-3215.
(6) To administer any and all federal grants in aid funds awarded to the state of Louisiana and any state funds that may be appropriated or made available by the legislature for the establishment and conduct of an approved mental health and developmental disabilities program in the state of Louisiana as contemplated by the provisions of the foregoing federal laws or the provisions of any state law relating to the subjects of this Section.
Added by Acts 1958, No. 35, §1. Amended by Acts 1964, No. 170, §4; Acts 1977, No. 680, §21; Acts 1997, No. 167, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
142 U.S.C.A. §§201 to 246.
242 U.S.C.A. §701 et seq.
3Former 42 U.S.C.A. §2661 et seq. (see now, 42 U.S.C.A. §6001 et seq.).
4Former 42 U.S.C.A. §2681 et seq. (see now, 42 U.S.C.A. §2689 et seq.)
542 U.S.C.A. §201 et seq., as amended. (Popular name - ADAMHA Reorganization Act).
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.1. Mental health clinics; authority of physicians to render certain opinions

RS 40:2013.1 - Mental health clinics; authority of physicians to render certain opinions
Any licensed physician serving on the staff of any mental health clinic covered under the provisions of the Community Mental Health Centers Act, Title II of P.L. 88-164, is hereby required, when requested by a social security claimant who is, or who has been, a patient of the physician at such mental health clinic and who has a treating relationship with the patient in the appropriate field, to provide descriptive statements and opinions for the patient with respect to the patient's medical condition, employability, and ability to function, upon which disability determinations may be based. Nothing in this Section shall prohibit a medical center from requiring payment for the medical center's current evaluation and management level services, but no such service shall be denied dependent upon a patient's inability to pay. Nothing in this Section shall prohibit Social Security Administration funding from being utilized to pay for such services.
Acts 2008, No. 549, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.2. Appointment of chaplains; compensation

RS 40:2013.2 - Appointment of chaplains; compensation
A. The Louisiana Department of Health may provide for the services on a contractual basis of a Catholic priest and a minister of the other non-Catholic predominating religious denomination of patients in each of the hospitals under its administration for persons with mental illness.
B. The Catholic priest shall be appointed by and subject to the Bishop or Archbishop in whose diocese or archdiocese the hospital for persons with mental illness is located. The minister of the other predominating religious denomination shall be selected and appointed by the secretary of the Louisiana Department of Health.
C. The Catholic priest and the minister of the predominating non-Catholic denomination shall be paid a monthly fee to be fixed by the secretary.
D. The secretary may provide for the employment of additional chaplains of any religious denomination on a contractual basis and shall have authority to fix their fees.
Added by Acts 1958, No. 35, §1. Amended by Acts 1977, No. 680, §23; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.3. Superintendent to furnish report on patient's condition

RS 40:2013.3 - Superintendent to furnish report on patient's condition
Superintendents of all hospitals for persons with mental illness administered by the Louisiana Department of Health are required upon written request of the coroner of the parish from which the patient was committed to furnish a report to the coroner of the patient's condition, showing diagnosis, laboratory findings, treatment prescribed and prognosis; and upon the written request of the attorney of the patient or a near relative shall make the patient's medical record available for inspection by such attorney or relative at such time as may be fixed by the superintendent.
Added by Acts 1958, No. 35, §1. Amended by Acts 1977, No. 680, §24; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.40. §§2013.40 to 2013.43 Repealed by Acts 1978, No. 680, §3

RS 40:2013.40 - §§2013.40 to 2013.43 Repealed by Acts 1978, No. 680, §3
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.50. §§2013.50 to 2013.53 Repealed by Acts 1978, No. 680, §3

RS 40:2013.50 - §§2013.50 to 2013.53 Repealed by Acts 1978, No. 680, §3
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.54. Department sole agency for federal mental health programs

RS 40:2013.54 - Department sole agency for federal mental health programs
The Louisiana Department of Health being designated by law as the sole agency in Louisiana for carrying out the purposes of the National Mental Health Act, Public Law 79-487 1 ; the Maternal and Child Health and Mental Retardation Planning Amendments of 1963, Title VII of Public Law 88-156 2 ; the Mental Facilities Construction Act, Part C of Title I of Public Law 88-1643 ; and the Community Mental Health Centers Act, Title II of Public Law 88-1644 , shall be assisted by the advisory councils, as required by federal law, hereinafter created and established.
Added by Acts 1964, No. 170, §2. Amended by Acts 1977, No. 680, §37.
142 U.S.C.A. §§201 to 246.
2See 42 U.S.C.A. §701 et seq.
3Former 42 U.S.C.A. §2661 et seq. (see now, 42 U.S.C.A. §6001 et seq.).
4Former 42 U.S.C.A. §2681 et seq. (subsequently, 42 U.S.C.A. §2689 et seq.; repealed).
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.55. §§2013.55 to 2013.58 Repealed by Acts 1977, No. 680, §38

RS 40:2013.55 - §§2013.55 to 2013.58 Repealed by Acts 1977, No. 680, §38
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2013.80. §§2013.80 to 2013.83 Repealed by Acts 1978, No. 680, §3

RS 40:2013.80 - §§2013.80 to 2013.83 Repealed by Acts 1978, No. 680, §3
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2014.1. Superintendents to furnish reports on patients

RS 40:2014.1 - Superintendents to furnish reports on patients
The superintendents of all general hospitals administered by the Louisiana Department of Health are hereby authorized and directed to furnish, upon written request of the doctor who refers the patient to such hospital, a report to the doctor on such patient when the patient is discharged showing the diagnosis, laboratory and x-ray findings and treatment prescribed and are further authorized and required to furnish the patient or his attorney or the patient's heirs or their attorney, upon written request, a full report on such patient.
Added by Acts 1958, No. 36, §1. Amended by Acts 1977, No. 680, §48.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017. Care of sick persons who are indigent or destitute; maintenance

RS 40:2017 - Care of sick persons who are indigent or destitute; maintenance
A. The department may, in addition to the powers conferred on it by this Chapter and in accordance with the provisions of this Chapter, exercise the following functions:
(1) Provide for the care and treatment, in privately owned hospitals and other institutions, of sick persons who are indigent or destitute, including persons with mental illness or who are mentally deficient.
(2) Furnish to persons who are indigent or destitute proper dental, medical, surgical and other treatment, including their transportation to the point of treatment and return.
(3) Contract or enter into agreement for such care and treatment upon such terms as may be agreed upon between the parties to the arrangements.
(4) Employ such physicians, interns and other employees as may, in its opinion, be necessary for the proper care and treatment of persons who are indigent or destitute under this Chapter.
(5) The department may establish maintenance allowances for officials and employees of the hospitals and schools under its administration and for other purposes.
(6) Cooperate with other agencies of the state in carrying into effect the laws of the State in relation to any programs designed to improve services rendered persons in need of and eligible for such services.
B. Subject to appropriation by the legislature, the Louisiana Department of Health shall provide for the inclusion of licensed clinical social workers and medical psychologists as providers for the purposes of Medicaid reimbursement. Such licensed clinical social workers and medical psychologists shall have a minimum of three years experience working in private practice. The Louisiana Department of Health shall also establish an administrative services organization for oversight of all behavioral health services.
Added by Acts 1958, No. 38, §1. Amended by Acts 1964, No. 170, §7; Acts 2007, No. 343, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.3. Regulations fixing minimum standards

RS 40:2017.3 - Regulations fixing minimum standards
The Louisiana Department of Health shall by regulations prescribe minimum standards of maintenance and operation of hospitals which have received or may receive federal aid for construction under the federal act and the state plan in effect and any such hospital is required to comply with the regulations; provided that before adopting any such regulations, the board shall hold a public hearing thereon after first giving reasonable notice to the public of its intention to hold such public hearing and affording all interested parties a reasonable opportunity to appear at such hearing and offer objections to any proposed regulation. Regulations fixing minimum standards adopted under this Chapter shall have the force and effect of law.
Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §51.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.4. Additional hospitals; surveys and approval

RS 40:2017.4 - Additional hospitals; surveys and approval
In addition to the duties imposed on the department relative to the Federal Hospital Survey and Construction Act, the department shall make studies to determine if there is a need for, and if the need is found to exist to secure approval of the establishment of, additional hospitals in the state of such size and so staffed and equipped as to qualify for internship and residences for medical students who have completed their four year medical course in some recognized medical college or school in the United States. In this connection, the department is empowered to work with state, federal, parish, municipal or private agencies in securing the establishment of additional institutions where approved post-graduate medical training and experience may be obtained by young doctors.
Added by Acts 1958, No. 38, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.5. Promotion of nurse education program

RS 40:2017.5 - Promotion of nurse education program
The department is further authorized and directed to cooperate with all agencies, both public and private, in promoting a program of nurse education, including the establishment wherever feasible of additional schools for training student nurses in state owned institutions where such schools do not exist and in private hospitals.
Added by Acts 1958, No. 38, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.6. Acceptance of federal funds; notice of public hearing

RS 40:2017.6 - Acceptance of federal funds; notice of public hearing
A. The department may accept on behalf of the state any federal funds made to assist in meeting the cost of carrying out the purposes of any part of this Chapter. Moneys received from the federal government for a construction project approved by the surgeon general of the United States shall be used solely for the payments to applicants for work performed and purchases made in carrying out approved projects.
B. Whenever the department schedules a public hearing to review any application for a finding of conformity pursuant to the provisions of Section 1122 of the Social Security Act, as amended*, the department shall notify each legislator whose district encompasses the proposed location of the facility. The notice shall be provided at least five calendar days prior to the public hearing.
Added by Acts 1958, No. 38, §1; Acts 1985, No. 521, §2, eff. July 12, 1985.
*42 U.S.C. §1320a-1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.7. Enforcement of rules and regulations

RS 40:2017.7 - Enforcement of rules and regulations
It shall be the duty of the secretary as executive head of the department to enforce all rules, standards, regulations and orders of the department and for these purposes he may institute and prosecute mandamus or injunction suits against alleged violators of such rules, standards, regulations or orders in the courts of this state. In any such suits it shall be the duty of the attorney general and the general counsel of the department to represent the secretary.
Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §52.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.8. Administration of oaths and taking of testimony

RS 40:2017.8 - Administration of oaths and taking of testimony
The secretary, the general counsel, the personnel officer in the central office, and all superintendents and business administrators shall have the power to administer oaths and take testimony of witnesses anywhere in the state on matters relating to the business of the department.
Added by Acts 1958, No. 38, §1. Amended by Acts 1977, No. 680, §53.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.9. Medicare; use of information obtained; penalty

RS 40:2017.9 - Medicare; use of information obtained; penalty
All files, records, reports, or other papers, or any information obtained at any time by the Louisiana Department of Health in the course of discharging its duties under any agreement with the United States of America through the Department of Health, Education and Welfare or its successor pertaining to Public Law 80-97, popularly known as the Medicare Act, shall be used solely for the purposes of such agreement; and it shall be unlawful, except for said purposes, for any person to solicit, disclose, receive or make use of or to authorize or knowingly permit, participate in or acquiesce in the use of any information obtained by the Louisiana Department of Health pursuant to, or as a result of, any agreement with the United States of America as aforementioned. Nothing herein contained shall limit the use of records, reports, charts, documents or other papers or information as governed by R.S. 40:2013.3, 2014.1, or 2016 or R.S. 44:7.
Added by Acts 1966, No. 168, §1. Amended by Acts 1977, No. 680, §54; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.10. Emergency medical services program; cooperation of other state departments

RS 40:2017.10 - Emergency medical services program; cooperation of other state departments
A. The Louisiana Department of Health shall establish, maintain, and operate an effective program which will provide adequate emergency medical services for persons injured on the roads and highways of the state, whether through the excessive use of alcoholic beverages or otherwise. The program shall be administered by the department, with such assistance and use of facilities of other agencies of the state and its political subdivisions as will best and most efficiently serve the interests of public health and safety of the citizens of Louisiana through the furnishing of emergency medical services deemed by the department to be best calculated to protect and preserve the health and welfare of persons injured on the roads and highways and in emergency situations contributing to such injuries and report the results of such services. To this end the Department of Public Safety and Corrections and such other boards, commissions, departments, and agencies of the state and its political subdivisions as the department shall deem necessary therefor shall cooperate with and assist the department, at its request.
B. In order to effectuate the emergency medical services program provided for in this Section, the department shall have authority to adopt and enforce rules and regulations pertaining thereto and to do and perform all things and acts which it deems necessary or desirable for the purpose.
Added by Acts 1968, No. 277, §1. Amended by Acts 1977, No. 680, §55; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2017.11. Fees for review of plans

RS 40:2017.11 - Fees for review of plans
There shall be a charge of five dollars per page for all plans or specifications for hospitals, ambulatory surgical centers, nursing homes, and group or community homes or other residential living options which are submitted for review to the Department of Public Safety and Corrections, office of state fire marshal, or its designee pursuant to rules promulgated in accordance with the Administrative Procedure Act. There shall be a minimum charge of twenty-five dollars and a maximum charge of three hundred dollars, plus a postage and handling fee of ten dollars. Such costs shall be paid prior to review by the owner of the project for which the review is requested.
Acts 1986, No. 484, §1; Acts 1992, No. 848, §1; Acts 2003, No. 430, §1; Acts 2012, No. 745, §1, eff. June 12, 2012.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2018.3. Redesignated as R.S. 40:1125.1 by Acts 2022, No. 647, §4A.

RS 40:2018.3 - Redesignated as R.S. 40:1125.1 by Acts 2022, No. 647, §4A.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2021. Health care information

RS 40:2021 - Health care information
A. The legislature hereby finds that the nonemergent utilization rate of emergency departments in the state of Louisiana is at an all-time high. The legislature further finds that one of the causes for such a high utilization rate is the lack of information available to the citizens of this state about alternative facilities to receive health care that are available in their communities such as outpatient clinics and after-hours programs.
B. The secretary of the Louisiana Department of Health shall distribute and make available information that will provide citizens of this state with information concerning the various health care facilities and providers available to provide nonemergent care. Such information shall be community- specific and distributed in each community in such a manner that the information will be available to the largest number of citizens.
Acts 2010, No. 130, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2023. Availability of immunizations recommended by the Centers for Disease Control and Prevention

RS 40:2023 - Availability of immunizations recommended by the Centers for Disease Control and Prevention
Beginning October 1, 2012, and each year thereafter, each general hospital licensed under this Chapter shall, during the period from October first through March first of the following calendar year, in accordance with the latest recommendations of the Advisory Committee on Immunization Practices for the Centers for Disease Control and Prevention, offer the following immunizations to all inpatients sixty-five years of age and older, prior to discharge, unless contraindicated for a patient and contingent upon the availability of a specific payment in addition to the normal or prevailing level of payment, that is at least equal to the product costs and the administrative costs for the immunization over and above the reimbursement for in-patient care and contingent upon the availability of the vaccine:
(1) Immunization against influenza.
(2) Immunization against pneumococcal diseases if ordered by the patient's attending physician.
Acts 2012, No. 645, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2024.2. Definitions

RS 40:2024.2 - Definitions
For the purposes of this Part, the following terms have the following meanings ascribed to them, unless the context clearly indicates otherwise:
(1) "Adult" means any individual eighteen years of age or older, or any person under the age of eighteen who has been emancipated by marriage or otherwise.
(2) "Dating partner" means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. "Dating partner" shall not include a casual relationship or ordinary association between persons in a business or social context.
(3) "Domestic abuse" includes but is not limited to physical or sexual abuse and any offense against the person, physical or nonphysical, as defined in the Louisiana Criminal Code, except negligent injury and defamation, committed by one family member, household member, or dating partner against another. "Domestic abuse" also includes sexual abuse as defined in R.S. 15:1503.
(4) "Domestic abuse fatality" means any death of a person resulting from an incident of domestic abuse or attempted domestic abuse, including the death of a person who is not a family member, household member, or dating partner of the perpetrator, or the suicide of a person where there are implications that a person is the victim of domestic abuse prior to his suicide. For the purposes of this Section, "domestic abuse fatality" shall be interpreted broadly to give the Domestic Abuse Fatality Review Panel discretion to review fatalities that have occurred both directly or peripherally to domestic relationships.
(5) "Family member" means spouses, former spouses, parents, children, stepchildren, unborn children, foster parents, foster children, other ascendants, and other descendants. "Family member" also means the other parent or foster parent of any child or foster child of the offender.
(6) "Household member" means any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.
(7) "Review" means an examination or re-examination of information regarding a deceased person from relevant agencies, professionals, healthcare providers, or other sources.
Acts 2021, No. 320, §2, See Act.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2024.4. Functions; duties of the review panel

RS 40:2024.4 - Functions; duties of the review panel
A. The functions of the review panel shall include:
(1) Identify and characterize the scope and nature of domestic abuse fatalities in this state and, if the decedent victim is female, report all of the following:
(a) Whether the decedent was pregnant at the time of death.
(b) Is there medical evidence that indicates that the decedent had been recently pregnant but was no longer pregnant at the time of death.
(c) Whether the decedent was single, married, or divorced to the extent such information can be determined.
(2) Research and review trends, data, or patterns that are observed of domestic abuse fatalities.
(3) Review past events and circumstances of domestic abuse fatalities by reviewing records and other pertinent documents of public and private agencies that are responsible for investigating deaths or treating victims.
(4) Research and revise, as necessary, operating rules and procedures for review of domestic abuse fatalities including but not limited to identification of cases to be reviewed, coordination among agencies and professionals involved, and improvement of the identification, data collection, and record-keeping of the causes of domestic violence fatalities.
(5) Recommend systemic improvements to promote improved and integrated public and private systems serving victims of domestic abuse.
(6) Recommend components for prevention and education programs.
(7) Recommend training to improve the identification and investigation of domestic violence fatalities that occur in Louisiana.
B. The review panel may do all of the following:
(1) Establish local and regional panels to which the review panel may delegate some or all of its responsibilities under this Part.
(2) Analyze data available through any state systems that may decrease the incidence of domestic abuse fatalities in this state.
(3) Create formal partnerships with existing local and regional fatality review panels to accomplish its responsibilities under this Section.
Acts 2021, No. 320, §2, See Act.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2024.6. Reporting to the legislature; requirements

RS 40:2024.6 - Reporting to the legislature; requirements
The review panel shall issue an annual report of its findings and recommendations to the governor, the speaker of the House of Representatives, and the president of the Senate. The report shall not contain information identifying any victim of domestic abuse or that victim's family members, an alleged or suspected perpetrator of abuse upon a victim, or the involvement of any agency with a victim or the victim's family members. The review panel shall issue its initial report on or before January 30, 2023, and every year thereafter. The report may include any recommendations for legislation that the review panel considers necessary and appropriate.
Acts 2021, No. 320, §2, See Act.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2024.7. Financial and human resources obligations

RS 40:2024.7 - Financial and human resources obligations
The Louisiana Department of Health may, at its discretion, secure financial and human resources from, or create formal partnerships with, external entities, in order to meet its obligations as described in this Part.
Acts 2021, No. 320, §2, See Act.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2101. Purpose

RS 40:2101 - Purpose
The purpose of this Part is to provide for the protection of the public health through the development, establishment, and enforcement of standards for the care of individuals in hospitals; and for the construction, maintenance, and operation of hospitals which, in light of advancing knowledge, will promote safe and adequate treatment of such individuals in hospitals; and for regulating the operation and maintenance of hospitals in Louisiana.
Added by Acts 1961, No. 90, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2102. Definitions

RS 40:2102 - Definitions
As used in this Part:
(1) "Department" means the Louisiana Department of Health.
(2) "Hospital" means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons. The term "hospital" does not include the following:
(a) Physicians' offices or clinics where patients are not regularly kept as bed patients for twenty-four hours or more.
(b) Nursing homes as defined by and regulated under the provisions of R.S. 40:2009.1 through 2009.12.
(c) Persons, schools, institutions, or organizations engaged in the care and treatment of children with intellectual disabilities and which are required to be licensed by the provisions of the Developmental Disability Law (R.S. 28:451.1 et seq.).
(d) Hospitalization or care facilities maintained by the state at any of its penal and correctional institutions provided that nothing herein contained shall prevent a penal or correctional institution from applying for licensure of its hospitalization or care facility.
(e) Hospitalization or care facilities maintained by the federal government or agencies thereof.
(f) Hospitalization or care facilities maintained by any university or college provided that nothing herein contained shall prevent any college or university from applying for licensure of its hospitalization or care facility.
(g) Any other entity licensed for the diagnosis, treatment, or care of persons admitted for overnight stay.
(3) "Person" means the state, and any political subdivision or municipal corporation thereof, an individual, firm, partnership, corporation, company, association or joint stock association, or the legal successor thereof.
(4) "Secretary" means the secretary of the Louisiana Department of Health.
Added by Acts 1961, No. 90, §1. Amended by Acts 1966, No. 524, §1; Acts 1977, No. 680, §56; Acts 1992, No. 806, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Acts 2018, No. 206, §4.