reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:9. Arrests for violations

RS 40:9 - Arrests for violations
A. Any inspector, officer, or employee of the state health officer may arrest, without warrant, all persons violating any rule or regulation of the state health officer or any article or provision of the sanitary code, when the violation occurs within his sight, view, or personal knowledge. When the violation does not so occur, he may arrest only in execution of a warrant duly issued in accordance with the provisions of this Part or by a competent judicial authority.
B. All law enforcement officers shall aid in the apprehension of persons violating the provisions of the sanitary code or any rule or regulation of the state health office. These officers shall themselves arrest and apprehend all offenders committing such violations in their view or sight or within their personal knowledge.
Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:10. Preparation for emergency

RS 40:10 - Preparation for emergency
The state health officer shall at all times keep in readiness one or more medical inspectors and nurses, medicines, clothing, bedding, appliances, tents and other paraphernalia so as to repair to any place in the state that applies to him, when deemed necessary by the state health officer, or to any place in the state in which there is an outbreak of communicable disease, with the view of stamping it out. The legislature shall appropriate an annual sum for use by the state health officer for such emergencies. The local authorities shall keep up the work at their own expense after it has been started, if their funds permit.
Acts 1976, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:11. Distribution of funds to parish health units or departments

RS 40:11 - Distribution of funds to parish health units or departments
The ratio, formula, or other manner of distribution presently used, and to be used, by the state health officer applying to funds derived from federal or state sources and appropriated, apportioned, assigned, or otherwise made available to support parish health units in Louisiana, shall not be altered to provide a lesser appropriation from such federal or state funds to any parish health unit if such parish by a vote of a millage by the qualified voters of such parish provides or has provided a larger financial support from local tax sources. If the total appropriation of federal funds available to the state health officer is reduced or abolished, this provision shall not apply to said federal funds.
Acts 1976, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:13. Expenses of parish health units

RS 40:13 - Expenses of parish health units
A. The governing body of each parish shall provide ample means for the maintenance and operation of its parish health units or departments and for the promotion and conservation of public health. For the purposes of this Title they shall be known as parish health units.
B. If a municipality encompasses an entire parish, the municipal authorities shall, for the purposes of this Part, be known as parish authorities.
Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:14. Parish health units; jurisdiction

RS 40:14 - Parish health units; jurisdiction
Parish health units may, through the parish governing authority, control and administer all matters of local sanitation not generally affecting other portions of the state. They may pass local health and sanitary ordinances and define and abate nuisances dangerous to the public health of that parish only. They may also regulate drainage and ventilation with reference to human habitation and places of business and public resort; provide for the disposition of fecal matter and garbage and waste subject to provisions of state law and the sanitary code; regulate the erection of buildings, with due regard to the filling and grading of lots, and the arrangement of buildings; provide for the vacation and demolishing of buildings when necessary for the protection of public health; and generally enforce all health and sanitary ordinances so adopted. However, these rules, ordinances and regulations shall not conflict with the rules and regulations of the sanitary code and shall not be less restrictive than the state sanitary code and may provide and regulate with respect to health matters not covered by the sanitary code.
Acts 1976, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:15. Quarantine by parish health officer

RS 40:15 - Quarantine by parish health officer
No parish health officer may establish quarantines without the approval of the state health officer, previously obtained, and the cooperation of the parish legislative body. The state health officer has supervisory power over all local quarantines so established.
Acts 1976, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:16. Parish health units to act in harmony with state health officer

RS 40:16 - Parish health units to act in harmony with state health officer
All parish health units act under the supervision and advice of the state health officer and the office of health services and environmental quality of the Louisiana Department of Health.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:16.1. Proceeds of any sale of the state facilities owned by the Louisiana Department of Health, office of behavioral health

RS 40:16.1 - Proceeds of any sale of the state facilities owned by the Louisiana Department of Health, office of behavioral health
The proceeds of the sale of any former mental health facility properties which have been declared to be surplus property are to be dedicated to the renovation of any current mental health facilities being operated in the same area.
Acts 2003, No. 899, §1; Acts 2009, No. 384, §5, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:16.4. Louisiana Department of Health's Facility Support Fund Number 2

RS 40:16.4 - Louisiana Department of Health's Facility Support Fund Number 2
A. There is hereby created, as a special fund in the state treasury, the Louisiana Department of Health's Facility Support Fund Number 2, hereinafter referred to as the "fund".
B.(1) Notwithstanding any other provision of law to the contrary, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund to pay all of the obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay an amount into the fund equal to the amount collected by the state from the proceeds of the sale or transfer of certain lands as provided in Section 1 of Act No. 272 of the 2019 Regular Session of the Legislature, less the amount of the sale proceeds to be deducted by the state land office to offset its appraisal, survey, and other closing costs occasioned by the transactions.
(2) Monies appropriated from the fund shall be used solely as provided in Subsection C of this Section and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund.
C. Subject to annual appropriation by the legislature, the monies in the fund shall be used solely for the planning, design, permits, improvements, repairs, equipment, restoration, renovation, or construction of the Central Louisiana State Hospital.
Acts 2019, No. 272, §8, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:18. Communicable disease; isolation and report to state health officer; quarantine

RS 40:18 - Communicable disease; isolation and report to state health officer; quarantine
A. If any case where a communicable disease is reported to or comes to the knowledge of any local health officer, the local health officer shall immediately isolate it and communicate the fact as expeditiously as practicable to the state health officer, together with the information as to what steps have been taken to isolate and care for the case. The local health officer shall, from time to time, communicate the progress of the case to the state health officer.
B. Upon receipt of notice of the case by the state health officer, or at any time during the case thereafter, the state health officer shall, if he thinks the emergency sufficient, send an expert physician, selected by him, to examine and diagnose the disease. If, after this examination and diagnosis, the expert declares the case to be one of an obnoxious or communicable nature, liable to spread or to become dangerous to the general public health of the state, the state health officer shall instruct the local health officer as to what additional steps, if any, should be taken to isolate the case and prevent the spread of the infection any further. The state health officer shall require that the local health officer immediately conform to and put these instructions in operation. If the local health officer or other local authorities connected with the case fail to act immediately on these instructions or fail to act in the case in a manner satisfactory to the state health officer, the state health officer shall take charge of the case and manage it through his own officers or employees.
Acts 1976, No. 346, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:20. Appointment of parish health officer; qualifications; Orleans Parish health director

RS 40:20 - Appointment of parish health officer; qualifications; Orleans Parish health director
A. The state health officer, after consultation with the parish governing authority and with the approval of the secretary of the Louisiana Department of Health, and the parish governing authority, shall appoint a parish health officer, except in Orleans Parish. In Orleans Parish, the parish health officer shall be designated as the health director and shall be appointed by the mayor of the city of New Orleans.
B. The parish health officer shall be a full-time licensed physician, if possible, and if a physician is not available the parish health officer shall be a full-time employee experienced in the administration and enforcement of public health programs. The health officer shall be domiciled in the parish in which he is appointed unless he serves more than one parish as hereinafter provided.
C. If the parish health officer is unclassified or under contract, he may be removed by the state health officer with the approval of the parish governing authority and a replacement named as herein provided. If the parish health officer is in the classified service, he shall be a member of the state classified service and shall be appointed or removed by the state health officer in accordance with existing state civil service provisions of law and regulations. The provisions of this Subsection shall not apply to the parish health director for Orleans Parish.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1992, No. 378, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:21. Establishment of health district; district health officer

RS 40:21 - Establishment of health district; district health officer
Two or more parishes may, with the approval of the state health officer and the governing bodies of the parishes, organize a health district composed of the health units of their respective parishes. In lieu of one health officer in each of the parishes, the parishes may, in that case, jointly use the services of and appropriate funds for the payment of the compensation of a single health officer. The jurisdiction, powers and duties of the district health officer in the health district and the manner in which he may be appointed and removed from office are the same as those of a parish health officer.
Acts 1976, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:22. Removal of parish or district health officer; Orleans Parish health director

RS 40:22 - Removal of parish or district health officer; Orleans Parish health director
A parish or district health officer who is not in the classified service of the state may be removed from office, after thirty days written notice by either the state health officer or the governing body of the parish, with the consent of the secretary of the Louisiana Department of Health, except in Orleans Parish. In Orleans Parish, the parish health director shall be subject to removal by the mayor of the city of New Orleans, at least thirty days after written notice thereof has been given to the health director.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1992, No. 378, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:23. Salaries of parish or district health officers; unclassified

RS 40:23 - Salaries of parish or district health officers; unclassified
A. Each parish shall determine the salary of its health officer and the necessary expenses for the conduct of his official duties if the health officer is in the unclassified service or serving on a contractual basis. In the case of an unclassified or contractual district health officer, the parishes which jointly employ him shall fix his salary and expenses and the proportionate share of each parish.
B. The salaries and expenses provided for in Subsection A of this Section shall be paid by the governing bodies of the parish or parishes for which the health officer was appointed, except as herein provided.
C. Where a parish or group of parishes appoint a full-time health officer whose entire time is devoted to health work as such, exclusive of any private practice, the state may appropriate and assist in paying the salary of that health officer not to exceed twenty percent of the salary if the parish or parishes contract with the Louisiana Department of Health for the establishment and maintenance of a health unit as hereafter provided.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:24. Issuance of warrants by health officer; general duties of officer

RS 40:24 - Issuance of warrants by health officer; general duties of officer
A. The parish health officer may issue warrants only to arrest or prevent epidemics or to abate an imminent menace to the public health in his parish.
B. The parish health officer shall issue all orders and warrants, subject to the limitations provided in Subsection A of this Section, and take all necessary steps to execute the sanitation laws of the state under the state health officer and to carry out the rules, regulations, and ordinances of the Louisiana Department of Health.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:25. Entry on and inspection of premises

RS 40:25 - Entry on and inspection of premises
The parish health officer and every person duly authorized may enter, examine and inspect all grounds, structures, public buildings and public places in execution of a warrant issued in accordance with the constitution and the laws of Louisiana.
Acts 1976, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:26. Contractual agreement on establishment and maintenance of parish health unit

RS 40:26 - Contractual agreement on establishment and maintenance of parish health unit
A. The governing body of a parish may contract, or mutually agree on an annual basis, with the Louisiana Department of Health on or before November 1 of any calendar year, for the establishment and/or partial maintenance of the parish health unit and a full-time health officer. In such case the parish shall provide housing for said health unit. The governing body of the parish may appropriate and disburse funds for the support of the unit jointly with state and/or federal funds as furnished by the Louisiana Department of Health within the terms of a state fiscal year budget having the approval of both the parish and state.
B. The parish health officer shall be appointed in accordance with the provisions of this Chapter and shall, if classified, be in the state classified service. As a prerequisite of said contract, the parish health officer shall be subject to all state laws and regulations and orders of the state health officer and the department. Notwithstanding any provisions of this Chapter, the employees of the parish health unit, including the parish health officer, may, at the option of the parish, be employed as parish or municipal employees in which case their salaries and all benefits shall be paid in full by the parish, and they shall be under the direction and control of the parish but subject to the general supervision of the state health officer through the parish health officer. In all other respects they shall be parish or municipal employees.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:27. Salaries and personnel benefits of health unit

RS 40:27 - Salaries and personnel benefits of health unit
Where a health unit is established or partially maintained as provided in the preceding Section, the salaries and personnel benefits may be paid in part by funds from the state and parish, except, that if said employees are parish or municipal employees, all salaries and personnel benefits shall be paid entirely by parish funds including any increases in salaries or personnel benefits.
Acts 1976, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:28. Tubercular individuals; free diagnostic clinics

RS 40:28 - Tubercular individuals; free diagnostic clinics
A. Free diagnostic clinics may be established and maintained by the Louisiana Department of Health for the purpose of doing diagnostic work for possible tubercular individuals. These clinics shall be equipped with appropriate X-ray and other laboratory apparatus.
B. Any licensed physician engaged in private practice in Louisiana may utilize these clinics as aids in his private practice for the detection of tuberculosis only, subject to the conditions imposed by the Louisiana Department of Health. The Louisiana Department of Health may operate, along with these clinics, any other appropriate health work related thereto.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:30. Provisions of this Chapter not to affect Louisiana Department of Agriculture

RS 40:30 - Provisions of this Chapter not to affect Louisiana Department of Agriculture
Anything to the contrary notwithstanding, the provisions hereof shall not be construed to affect present laws and regulations administered by the Louisiana Department of Agriculture, particularly the provisions of R.S. 40:2277.*
Acts 1976, No. 346, §1.
*See, now, R.S. 3:4208.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31. Costs of court not charged against state or parish health officers

RS 40:31 - Costs of court not charged against state or parish health officers
The Louisiana Department of Health, the parish health units, the state health officer, and the parish health officers are exempt from the payment of all costs of court and stenographers' fees in any suit in which any one of them is a party. However, in such a case, costs may be charged against any party, other than one of the above, cast in judgment, as though the above had not been exempt and had actually paid costs.
Acts 1976, No. 346, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.1. Reye's Syndrome disease; mandatory reporting

RS 40:31.1 - Reye's Syndrome disease; mandatory reporting
Every physician practicing medicine in the state of Louisiana shall report to the state health officer, through the health unit of the parish or municipality wherein such physician practices, any case or suspected case of Reye's Syndrome disease which he is attending, or has examined, or for which such physician has prescribed. The report shall be made as promptly as possible from the time the physician first visits, examines or prescribes for the patient and such report shall state the name, age, sex, race, usual residence, place where the patient is to be found, the nature of the disease, the date of onset, and any additional information that the state health officer may require. The state health officer shall send a copy of such report to the United States Centers for Disease Control and Prevention, or such information contained therein as may be required by that agency.
Added by Acts 1980, No. 277, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.3. Adolescent school health initiative; health centers in schools

RS 40:31.3 - Adolescent school health initiative; health centers in schools
A. The office of public health, Louisiana Department of Health, shall establish an adolescent school health initiative to facilitate and encourage development of comprehensive health centers in public middle and secondary schools in Louisiana which shall provide preventive health services, counseling, acute health services, and appropriate referral for acute health services. Such initiative shall be subject to the approval of the local school systems.
B. The office of public health shall:
(1) Coordinate efforts to facilitate and encourage establishment of health centers in schools by providing information, technical assistance, direction, and, to the extent appropriate, funds to locally based entities for the establishment and operation of health centers in middle and secondary schools.
(2) Convene and participate in an intergovernmental coordinating council which shall be composed of representatives from the departments of education, children and family services, health, and other governmental entities or programs related to health services to assist in implementation, oversight, and funding assistance for health centers in schools. (3) Apply for and assist local efforts to apply for all available public and private funds to establish and operate health centers in schools.
(4) Establish procedures for allocation of funds appropriated or otherwise available to the program in a manner which prioritizes funding according to the urgency and degree of healthcare needs among the various middle and secondary school populations.
(5) Establish criteria to be considered in selection of locations for placement of health centers in schools.
(6) Require that centers be registered with the office of public health.
C. Health centers in schools are prohibited from:
(1) Counseling or advocating abortion in any way or referring any student to any organization for counseling or advocating abortion.
(2) Distributing at any public school any contraceptive or abortifacient drug, device, or other similar product.
D. The provisions of this Section shall be applicable only to the extent that funds are made available for this purpose from public or private sources.
Acts 1991, No. 1055, §1, eff. July 29, 1991; Acts 2018, No. 206, §4; Acts 2023, No. 318, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.11. Purpose

RS 40:31.11 - Purpose
The office of public health of the Louisiana Department of Health and parish health units are hereby authorized to establish immunization registries for the purpose of improving the immunization rates of the state's children and young adults in order to prevent the spread of diseases at which the immunizations are directed. Registries established in accordance with this Part shall provide for a method of informing the parent, guardian, or registrant when the registrant is due or is late for a recommended immunization and shall serve as a means for persons and institutions that either provide immunization services or are required to ensure that persons are immunized to receive prompt and accurate immunization information. Such persons and institutions shall include but not be limited to public health units, healthcare providers, schools, and early learning centers.
Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.12. Definitions

RS 40:31.12 - Definitions
As used in this Part, the following definitions shall apply:
(1) "Client" means any person registered with any Louisiana immunization tracking and recall system.
(2) " Early learning center" means a facility licensed as an early learning center under the provisions of the Early Learning Center Licensing Act, R.S. 17:407.31 et seq.
(3) "Immunization record" means a client's medical record related to the client's receipt of immunizations. An immunization record shall only include:
(a) The name and social security number of the client.
(b) The date and place of birth of the client.
(c) The hospital where the client was born.
(d) The name of the client's mother or legal guardian.
(e) A list of any immunizations received.
(f) The date of each immunization received.
(g) A report of any complication or side effect associated with a particular immunization.
(4) "Immunization registry" means any listing of clients and information relating to their immunization status.
(5) "Immunization tracking and recall record" is a record that includes but is not limited to the client's name, address of the client or parent or guardian of the client, telephone number, provider, and other information needed to send reminder cards to, to place telephone calls to, or to personally contact the client or the parent or the guardian of a client for the purposes of informing the client, parent, or guardian that the client is due for a recommended immunization or is late in receiving a recommended immunization.
(6) "Provider" means any health care provider or facility licensed to provide health care services in Louisiana, any managed health care system, health maintenance organization, health service contractor, or insurance carrier, or the Louisiana Medical Assistance Program.
(7) "Public health unit" means any facility acting under the supervision and advice of the state health officer and the office of public health, including any state-operated or contracted public health clinic.
(8) "School" means any institution or facility which provides for education of children in grades one or above, which shall include any kindergarten or prekindergarten attached thereto.
(9) "Tracking and recall system" means a system associated with an immunization registry designed to contact clients listed in the registry to assist in the completion of the immunization series in a timely manner.
Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.13. Development of immunization registry and tracking and recall system; standards

RS 40:31.13 - Development of immunization registry and tracking and recall system; standards
The office of public health, a public health unit, or both, or their agents or other providers may develop an immunization registry and an associated tracking and recall system. The developer of any system shall consult providers in developing the system to provide for a simple and efficient system of transferring information. The registry and associated tracking system shall be named the Louisiana Immunization Network (LINKS), and shall include but not be limited to the following:
(1) Immunization records of all clients born or living within the jurisdiction of the agency that develops the registry.
(2) A uniform method of tracking, updating, and recording immunization histories of registered clients.
(3) Procedures formulated in consultation with providers that will allow a provider to provide information to and obtain information from the immunization registry and immunization tracking and recall records without the consent of a client under eighteen years of age or the parent or guardian of such a client.
(4) Procedures that allow an immunization record of a client to be released to a client or the client's parent, guardian, school, or early learning center.
(5) A method of notifying the client or parent or guardian of the client when the tracking and recall system indicates that a client is due to receive a scheduled immunization or when the client has missed a scheduled immunization.
(6) A procedure for sharing or transferring information with any other immunization registry and its associated tracking and recall systems within the state.
(7) A method for providing or publishing information in aggregate form that does not identify a client.
(8) Methods assuring that information contained in the immunization registry only be used to track and document immunization status, for other immunization program-related activities, and for associated public health research.
Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §§1, 2, eff. June 11, 2019; Acts 2022, No. 271, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.14. Authorization of release of immunization records

RS 40:31.14 - Authorization of release of immunization records
A. Notwithstanding any provision of law to the contrary, immunization records for use in an immunization registry shall not be considered privileged communications between a healthcare provider and patient when such records are used in accordance with the provisions of this Part. The Louisiana Department of Health, public health units and their agents, providers, parents or guardians, schools, and early learning centers may obtain information from, or provide information to, the immunization record of a client of any immunization registry without the written consent of a client.
B. A provider, a public health unit, the Louisiana Department of Health, or the agents of any of them, schools, and early learning centers shall not be subject to an action or be liable for sharing information from the immunization record or using information from the immunization tracking and recall record for purposes of tracking immunizations of clients and for outreach to clients who have missed immunizations.
C. Information in an immunization registry or in the immunization tracking and recall record or derived therefrom is confidential and shall not be disclosed to any person who is not specifically authorized to receive information under this Part.
Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2019, No. 192, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.15. Rulemaking

RS 40:31.15 - Rulemaking
The Louisiana Department of Health, office of public health, shall promulgate rules and regulations pertaining to the development and implementation of the immunization registries and their associated tracking and recall systems in accordance with the Administrative Procedure Act. The rules shall include a process by which a custodial parent or guardian can control the transfer of information from the immunization record or the immunization tracking and recall record when such control is necessary to protect the health or safety of the family.
Acts 1995, No. 798, §1, eff. June 27, 1995.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.16. Parental consent; parental responsibility for immunization; exemptions

RS 40:31.16 - Parental consent; parental responsibility for immunization; exemptions
A.(1) Nothing in this Part shall be construed to restrict the registry from providing tracking and recall information to the healthcare provider of a client, parent, or guardian of a minor client.
(2) General consent for treatment and release of information to other providers or to the office of public health shall be considered consent for sharing historical, current, and future immunization information. In addition, each immunization provider shall comply with at least one of the following requirements:
(a) Place a poster in the patient registration area notifying patients and parents that the site is participating in the state immunization registry and that immunization data is being shared with the registry.
(b) Provide each patient or parent a brochure supplied by the office of public health describing the purposes of the registry and notifying patients and parents that they can prohibit data sharing by notifying the healthcare provider not to submit immunization information to the registry.
B. The immunization record of a client shall be purged from the registry at any time that the client or client's custodial parent or legal guardian requests, in writing, that the immunization record be purged from the registry.
C. Nothing in this Part shall be construed to mitigate the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized.
D. Nothing in this Part shall be construed to require immunization or tracking of any child otherwise exempt from immunization requirements for medical or religious reasons.
Acts 1995, No. 798, §1, eff. June 27, 1995; Acts 2002, 1st Ex. Sess., No. 90, §1; Acts 2019, No. 192, §§1, 2, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.21. Legislative intent, declaration of policy

RS 40:31.21 - Legislative intent, declaration of policy
A. It is the intent of the legislature that the provisions of this Part shall apply to a person with active tuberculosis who has failed to seek voluntary treatment or failed to comply with quarantined directly observed therapy, or both, and is considered a public health risk.
B. It is the policy of the state that:
(1) A person suffering from active tuberculosis shall be encouraged to seek voluntary treatment.
(2) Notwithstanding any provision of law to the contrary, in the event a person suffering from active tuberculosis fails to seek voluntary treatment or fails to comply with quarantined directly observed therapy, or both, as ordered by the state health officer or his designee, the person may be ordered pursuant to R.S. 40:4 et seq., into temporary isolation or quarantine, or both, at an inpatient facility for the treatment of active tuberculosis.
(3) A person suffering from active tuberculosis shall not be held involuntarily without being afforded an opportunity for a timely adversarial hearing as provided by this Part.
(4) The Louisiana Department of Health shall be responsible for providing the funds necessary to implement the provisions of this Part.
Acts 1995, No. 373, §1, eff. June 16, 1995.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.22. Admission; general provisions

RS 40:31.22 - Admission; general provisions
A. The director of an inpatient facility for the treatment of active tuberculosis, subject to the availability of suitable accommodations, shall receive the following persons for care and treatment:
(1) A person whose admission is authorized under the procedures set forth in R.S. 40:4 et seq., and the provisions of this Part.
(2) A person who is ordered to be admitted by the state health officer or his designee.
B. The failure by any director of an inpatient treatment facility to obey an order or judgment by a court of competent jurisdiction shall not be construed as contempt of court if the director shows that the failure to obey is due to the inability to comply with the order or judgment because medically suitable accommodations for the patient are unavailable or because consent of the state health officer or his designee has not been obtained.
C. A person admitted to a facility for the treatment of active tuberculosis shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility. If the person is illiterate or otherwise does not read or understand English, appropriate provisions shall be made to supply him with the required information. A copy of the information required by this Subsection also shall be posted in any area where a person is confined or treated.
D. A person confined to a treatment facility for active tuberculosis may receive medication and treatment without his consent.
E.(1) When a person arrives at the inpatient facility for treatment of tuberculosis pursuant to R.S. 40:31.24, the facility shall triage the patient and shall determine whether the patient is in need of medical stabilization for conditions other than infectious tuberculosis.
(2) If it is determined that medical stabilization is needed, the patient may be temporarily transferred to a general hospital for appropriate stabilization of the other medical conditions.
(3) Any such temporary transfer to a general hospital shall not be deemed to affect the patient's status at the facility for the treatment of tuberculosis, and the provisions of R.S. 40:31.23 shall continue to apply while the patient is temporarily housed in the general hospital for medical stabilization purposes. The patient shall be returned to the facility for the treatment of tuberculosis in time for the procedures specified in R.S. 40:31.25.
Acts 1995, No. 373, §1, eff. June 16, 1995; Acts 1997, No. 969, §1, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.23. Admissions; voluntary; involuntary

RS 40:31.23 - Admissions; voluntary; involuntary
A. Upon arrival at an inpatient facility for the treatment of active tuberculosis, a person certified for admission by the state health officer or his designee shall be provided an opportunity to execute an informed consent document wherein the person agrees to cooperate with the required treatment regimen. The admission of any person executing such a document shall be considered voluntary.
B. A refusal to execute the informed consent document provided for by Subsection A of this Section shall result in the involuntary admission of such person.
C. When a person admitted pursuant to the provisions of Subsection A of this Section at any time thereafter no longer desires to remain at the facility for tuberculosis treatment, he may sign a certificate requesting release. The director of the treatment facility shall immediately notify the state health officer or his designee of the person's desire to be released. The state health officer or his designee shall determine if further inpatient treatment is necessary, and he may cause a petition for judicial commitment to be filed in the court having jurisdiction over the treatment facility within fifteen days of the person's request for release. If no petition is timely filed, the person shall be released. If a petition is timely filed, the provisions of R.S. 40:31.25 shall apply.
Acts 1995, No. 373, §1, eff. June 16, 1995.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.24. Ex parte judicial order for custody; grounds; civil liability

RS 40:31.24 - Ex parte judicial order for custody; grounds; civil liability
A.(1) When the state health officer or his designee executes an affidavit specifying that, to the best of his knowledge and belief, a person is suffering from active tuberculosis, is in need of immediate treatment, and is a public health risk, any judge of a court of competent jurisdiction may order a person to be taken into protective custody and transported to a treatment facility for active tuberculosis for immediate treatment.
(2) The affidavit shall include but need not be limited to the following information, as may apply:
(a) Facts leading to the conclusion that the person is suffering from active tuberculosis and is a public health risk.
(b) Facts showing that the person has been encouraged to seek treatment and is unwilling to seek such treatment or to comply with quarantined directly observed therapy, or both.
(c) Facts showing that an inpatient facility for the treatment of active tuberculosis has verified the availability of space in the facility for placement.
B. The order for protective custody shall be in writing, in the name of the state of Louisiana, signed by a judge of a court of competent jurisdiction, and effective for seventy-two hours from its execution. The order shall include but need not be limited to the following information, as may apply:
(1) The date and hour of issuance and the parish where issued.
(2) The name of the person to be taken into custody or, if his name is not known, a designation of the person by any name or description by which he can be identified with reasonable certainty.
(3) A description of the facts leading to a belief that the person is suffering from active tuberculosis, is in need of immediate care and treatment in an inpatient facility for the treatment of active tuberculosis, and is a public health risk.
(4) A statement that the person shall be transported in accordance with the requirements of this Section by the sheriff or other law enforcement officer under the court's jurisdiction to an inpatient treatment facility for active tuberculosis.
C. The date and hour that the person is taken into protective custody shall be written on the order. Without delay and no more than twelve hours after being taken into protective custody, the person shall be delivered to the director of a treatment facility for active tuberculosis by the individual who has transported the person. Upon arrival, the person may be admitted voluntarily or involuntarily.
D. An official acting in good faith to order a person to be taken into protective custody and transported for examination and treatment in accordance with this Part shall not be civilly liable for damages to such person resulting from the official's action.
Acts 1995, No. 373, §1, eff. June 16, 1995.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.25. Adversarial judicial commitment; procedure

RS 40:31.25 - Adversarial judicial commitment; procedure
A. Whenever a person taken into protective custody as provided by this Part refuses to execute an informed consent document to be admitted to a qualified treatment facility for active tuberculosis as provided for in R.S. 40:31.23, he shall be involuntarily admitted and provided a timely judicial commitment hearing in accordance with the provisions of this Section.
B. Within seven days following an involuntary admission pursuant to R.S. 40:31.23(B), the state health officer or his designee shall cause a petition for judicial commitment to be filed in the court having jurisdiction over the treatment facility for active tuberculosis asserting his belief that the person in protective custody is suffering from active tuberculosis and is a public health risk.
C. The commitment petition shall contain but need not be limited to the facts which are the basis of the assertion of active tuberculosis and shall provide the person in protective custody with adequate notice and knowledge relative to the nature of the proceedings.
D.(1) Upon the filing of the commitment petition, the court shall assign a time for a hearing on the petition, not later than eighteen days thereafter, assign a place for the hearing, issue an order to the treatment facility authorizing detention of the person until the hearing on the commitment petition, and cause reasonable notice of the hearing to be given to the person, to his attorney, if known, and to the petitioner.
(2) The notice shall inform the person in protective custody that he has the following rights:
(a) The right to counsel and the right to have counsel appointed to represent him if he is indigent or otherwise qualified.
(b) The right to be present and to participate fully at the hearing, but only through telecommunications, community antenna television, or other such technology.
(c) The right to present evidence and to cross-examine witnesses testifying at any hearing on the commitment petition, but only through telecommunications, community antenna television, or other such technology.
E.(1) The court shall appoint a physician to examine the person in protective custody and make a written report to the court, the petitioner, and, at least three days prior to the hearing, to the person and the person's attorney.
(2) The written report shall set forth specifically the objective factors leading to any conclusion that the person is suffering from active tuberculosis, is a public health risk, and is in need of immediate treatment as a result of such illness, and why involuntary confinement and treatment are required. At their discretion and expense, the person or his attorney shall have the right to seek an additional independent medical opinion.
Acts 1995, No. 373, §1, eff. June 16, 1995.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:31.26. Judicial hearings; general provisions

RS 40:31.26 - Judicial hearings; general provisions
A.(1) Not later than the day the court issues an order or notice scheduling a hearing under the provisions of this Part, the court shall appoint counsel for the person in protective custody.
(2) At the appointed time, the court shall conduct a hearing on the commitment petition or any other petition brought under the provisions of this Part. If the person is confined to a treatment facility for active tuberculosis, the judge of the court where the petition was filed may in his discretion hold the hearing on such commitment at the treatment facility where the person is confined or may conduct the hearing through telecommunications, community antenna television, or other such technology.
(3) On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type.
(4) If the court finds by clear and convincing evidence that the person in protective custody has active tuberculosis and is a public health risk, it shall render a judgment for his commitment.
B. The court shall cause a recording of the testimony of the hearing to be made which shall be transcribed only in the event of an appeal from the judgment. A copy of such transcript shall be furnished without charge to any appellant whom the court finds unable to pay for it.
C. Notice of any action taken by the court shall be given in such manner as the court considers appropriate to the person in protective custody, the person's attorney, the director of the designated treatment facility, and the state health officer or his designee.
D. Each clerk of court shall keep a record of the cases relating to persons with active tuberculosis coming before the court pursuant to the provisions of this Part and the disposition of such cases. The clerk also shall keep on file the original petition and certificates of physicians required by this Section or a microfilm duplicate of such records. All records maintained in the courts under the provisions of this Section shall be sealed and available only to the person placed in protective custody, his attorney, or the petitioner.
Acts 1995, No. 373, §1, eff. June 16, 1995.