reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1059. Manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products

RS 40:1059 - Manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products
The chemical substances sodium saccharin, ammonium saccharin, calcium saccharin and foods and drinks containing such chemical substances may be manufactured, sold, distributed, possessed, used and consumed within the state of Louisiana under the control of the State Food, Drug, and Cosmetic Law, R.S. 40:601 et seq. The manufacture, sale, distribution, possession, use and consumption of saccharin and saccharin related products is subject to the provisions of Chapters 1 and 4 of this Title, except for the provisions of the first unnumbered Paragraph of Section 607, the first unnumbered Paragraph of Section 608, the first unnumbered Paragraph of Section 616, the first unnumbered Paragraph of Section 617, and Section 618.
Added by Acts 1977, No. 467, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060. Use of dimethyl sulfoxide (DMSO)

RS 40:1060 - Use of dimethyl sulfoxide (DMSO)
A. No hospital or health facility shall interfere with the physician/patient relationship by restricting or forbidding the use of dimethyl sulfoxide, hereinafter referred to as "DMSO", when prescribed or administered by licensed physicians and requested by a patient unless a formal finding has been made by the state board of health that the substance as prescribed or administered by the physician is harmful. Furthermore, no hospital or health facility shall remove the staff privileges of a physician solely because said physician prescribed or administered DMSO to a patient under the conditions set forth in this Part.
B. No licensed physician in this state shall be subject to disciplinary action by the state board of medical examiners and aseopathic examiners for prescribing or administering DMSO to a patient under his care who has requested the substance unless the state boards have made a formal finding that the substance is harmful.
C. The patient, upon request for the administration of DMSO and after being fully informed as to alternative methods of treatment, shall sign a written statement releasing the physician and, when applicable, the hospital or health facility from any liability from damages which may arise from the use of DMSO.
Added by Acts 1980, No. 635, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060.11. Definitions

RS 40:1060.11 - Definitions
For the purpose of this Part:
(1) "Code imprint" means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, or marks or monograms unique to the manufacturer, distributor, or both. The National Drug Code may be used as a code imprint.
(2) "Distributor" means any corporation, person, or entity not engaged in the manufacture of a legend drug product, who distributes for resale and distribution a legend drug product under the label of such corporation, person, or entity.
(3) "Legend drug" means any drug or drug product bearing on the label of the manufacturer or distributor, as required by the Federal Food and Drug Administration, the statement "Caution: Federal law prohibits dispensing without prescription."
(4) "Solid dosage forms" means capsules or tablets intended for oral administration.
Added by Acts 1982, No. 872, §1, eff. Jan. 1, 1984; Redesignated from R.S. 40:1237 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060.12. Legend drug imprint

RS 40:1060.12 - Legend drug imprint
A. No legend drug in solid dosage form may be manufactured or distributed for sale in this state unless there is clearly marked or imprinted on the dosage form a code imprint identifying the drug and the manufacturer or distributor of the drug. The Louisiana Department of Health, upon application by a manufacturer or distributor, may exempt a particular drug product from the requirement to be imprinted on the grounds that imprinting is not feasible because of said drug product's size, texture, or other unique characteristics.
B. On or before January 1, 1984, manufacturers or distributors of legend drugs shall provide to the Louisiana Department of Health a list of their legend drugs and the description of the code imprint each bears. The department shall provide for the distribution of the information required to be submitted under this Part to all poison control centers in the state. The department shall provide to any licensed health care provider, upon request, lists of legend drugs and code imprints provided to the department under this Section, but may charge a reasonable fee to cover copying and postage costs. Manufacturers and distributors shall provide updated lists to the department annually or as changes or revisions occur.
C. A legend drug that does not meet the above requirements shall be deemed misbranded.
D. Whoever manufactures or distributes for sale or otherwise provides to any other person for dispensing any legend drug in solid dosage form that fails to comply with this Section shall be fined twenty-five thousand dollars, or imprisoned for five years, or both.
E. The provisions of Subsections A, B, C, and D of this Section shall not apply to any of the following:
(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to January 1, 1984, and held in stock for resale.
(2) Drugs which are manufactured by or upon the order of a practitioner licensed by law to prescribe or administer drugs and which are to be used solely by the patient for whom prescribed.
Added by Acts 1982, No. 872, §1, eff. Jan. 1, 1984; Redesignated from R.S. 40:1238 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060.13. Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties

RS 40:1060.13 - Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties
A. It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician or licensed health care practitioner as defined in R.S. 40:961. This Section shall not apply to sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or employees, or to any practitioner acting within the scope of his license, or to a common or contract carrier or warehouseman, or any employee thereof, whose possession of any legend drug is in the usual course of business or employment.
B. Any person who violates the provisions of this Section shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
Acts 2006, No. 565, §1; Acts 2007, No. 287, §1; Acts 2010, No. 360, §1; Redesignated from R.S. 40:1238.1 by HCR 84 of 2015 R.S; Acts 2018, No. 203, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060.14. Prescription requirements; penalties

RS 40:1060.14 - Prescription requirements; penalties
A. A prescription, in order to be effective in legalizing the possession of legend drugs, shall be issued for a legitimate medical purpose by one authorized to prescribe the use of such legend drugs. An order purporting to be a prescription issued to a drug abuser or habitual user of legend drugs, not in the course of professional treatment, is not a prescription within the meaning and intent of this Section. Any person who knows or should know that he or she is filling such a prescription or order to a drug abuser or habitual user of legend drugs, as well as the person issuing the prescription, may be charged with a violation of this Section. A legitimate medical purpose shall include use of the drug in the course of a bona fide research program in conjunction with a hospital or university.
B. Any person who violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years and may be sentenced to pay a fine of not more than five thousand dollars.
Acts 2006, No. 565, §1; Redesignated from R.S. 40:1238.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060.15. Obtaining legend drugs by misrepresentation or fraud; penalties

RS 40:1060.15 - Obtaining legend drugs by misrepresentation or fraud; penalties
A. It shall be unlawful for any person knowingly or intentionally to acquire or obtain possession of a legend drug by misrepresentation, fraud, forgery, deception or subterfuge.
B. Any person who violates the provisions of this Section shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
Acts 2006, No. 565, §1; Redesignated from R.S. 40:1238.3 by HCR 84 of 2015 R.S.; Acts 2018, No. 203, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060.16. Prescriptions; electronic questionnaires

RS 40:1060.16 - Prescriptions; electronic questionnaires
A. As used in this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Electronic questionnaire" means a computer-assisted system for collecting a person's health care data.
(2) "Valid physician-patient relationship" means a medical relationship that exists when the practitioner has conducted at least one medical evaluation with a person in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other practitioners.
B. A prescription issued solely upon the results of answers to an electronic questionnaire, in the absence of a documented patient evaluation including a physical examination, shall be considered issued outside the context of a valid physician-patient relationship and shall not be a valid prescription.
C. If a pharmacist knowingly dispenses a prescription authorized solely on the result of an electronic questionnaire, he shall be in violation of this Section.
D. A pharmacist who knows that a prescription has been authorized in the absence of a valid physician-patient relationship, or otherwise in violation of the prescriber's standard of practice, shall not fill such prescription.
E. A pharmacist who dispenses prescription drugs in violation of this Section is not acting in the best interest of the patient and is dispensing outside the course of the professional practice of pharmacy.
F. A pharmacist who violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than five years and may be sentenced to pay a fine of not more than five thousand dollars.
Acts 2007, No. 318, §1; Redesignated from R.S. 40:1238.4 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1060.21. Uses authorized; regulation; penalties

RS 40:1060.21 - Uses authorized; regulation; penalties
A. The provisions of this Section and of the Uniform Controlled Dangerous Substances Law do not apply to anabolic steroids that are expressly intended for administration to livestock or other nonhuman species, that are approved by the federal Food and Drug Administration for such use.
B. "Anabolic steroid" as used herein means any anabolic steroid or synthetic derivative of testosterone, including but not limited to the following:
(1) Bodenone.
(2) Chlorotestosterone.
(3) Clostebol.
(4) Chorionic gonadotropin.
(5) Dehydrochlormethyltestosterone.
(6) Dihydrotestosterone.
(7) Drostanolone.
(8) Ethylestrenol.
(9) Fluoxymesterone.
(10) Mesterolone.
(11) Methandienone.
(12) Methandranone.
(13) Methandriol.
(14) Methandrostenolone.
(15) Methyltestosterone.
(16) Mibolerone.
(17) Nandrolone.
(18) Norethandrolone.
(19) Oxandrolone.
(20) Oxymesterone.
(21) Oxymetholone.
(22) Stanolone.
(23) Stanozolol.
(24) Testolactone.
(25) Testosterone.
(26) Trenbolone.
C.(1) A physician, dentist, or veterinarian shall not prescribe, dispense, deliver, or administer an anabolic steroid for human use or cause an anabolic steroid to be administered under his direction or supervision for human use except for a valid medical purpose and when required by demonstrable generally accepted medical indications. Bodybuilding, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid by a person who is in good health is not a valid medical purpose.
(2) Whoever violates the provisions of this Subsection shall be subject to suspension or revocation of his license to practice medicine, dentistry, or veterinary medicine by his governing board.
(3) Whoever violates the provisions of this Subsection shall also be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than five years, or both.
Acts 1988, No. 362, §1; Acts 1989, No. 345, §1; Acts 1989, No. 704, §1; Acts 1990, No. 542, §1; Acts 1991 1st E.S., No. 2, §1; Redesignated from R.S. 40:1239 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.1. Legislative intent; construction of abortion provisions law regulating abortion

RS 40:1061.1 - Legislative intent; construction of abortion provisions law regulating abortion
A.(1) It is the intention of the Legislature of Louisiana to regulate, prohibit, or restrict abortion to the fullest extent permitted by the decisions of the Supreme Court of the United States. The legislature does solemnly declare, find, and reaffirm the longstanding public policy of this state that every unborn child is a human being from the moment of conception and is, therefore, a legal person for purposes under the laws of this state and Constitution of Louisiana.
(2) The legislature further finds and declares that the longstanding policy of this state to protect the right to life of every unborn child from conception by prohibiting abortion is impermissible only because of the decisions of the Supreme Court of the United States and that, therefore, if those decisions of the Supreme Court of the United States are ever reversed or modified or the United States Constitution is amended to allow protection of the unborn then the public policy of this state to prohibit abortions shall be enforced.
B.(1) The provisions of this Chapter that regulate the practice of abortion shall not be construed to repeal any other provision of law that restricts or prohibits abortion.
(2) The provisions of this Chapter that regulate the practice of abortion are enacted to provide for the health, safety, and welfare of women in outpatient abortion facilities until such time and to the extent that the state of Louisiana no longer regulates outpatient abortion facilities.
C. The provisions of this Chapter that regulate the practice of abortion are subject to R.S. 40:2175.10.
Added by Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.0 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 6B; Redesignated from R.S. 40:1061.8.
NOTE: Former R.S. 40:1061.1 redesignated as R.S. 40:1061.1.2 by Acts 2022, No. 545, §6C.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.1.1. Definitions

RS 40:1061.1.1 - Definitions
Wherever used in this Chapter, unless a different meaning clearly appears in the context, the terms, whether singular or plural, have the same meaning as the definitions provided in R.S. 14:87.1.
(1) Repealed by Acts 2022, No. 545, §4.
(2) Repealed by Acts 2022, No. 545, §4.
(3) Repealed by Acts 2022, No. 545, §4.
(4) Repealed by Acts 2022, No. 545, §4.
(5) Repealed by Acts 2022, No. 545, §4.
(6) Repealed by Acts 2022, No. 545, §4.
(7) Repealed by Acts 2022, No. 545, §4.
(8) Repealed by Acts 2022, No. 545, §4.
(9) Repealed by Acts 2022, No. 545, §4.
(10) Repealed by Acts 2022, No. 545, §4.
(11) Repealed by Acts 2022, No. 545, §4.
Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1997, No. 906, §3, eff. July 10, 1997; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2011, No. 411, §1; Acts 2013, No. 259, §1, eff. June 10, 2013; Redesignated from R.S. 40:1299.35.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §§3, 4, 6B; Redesignated from R.S. 40:1061.9.
NOTE: Former R.S. 40:1061.1.1 redesignated as R.S. 40:1061.1.3 by Acts 2022, No. 545, §6C.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.1.4. Abortion based on genetic abnormality; prohibition

RS 40:1061.1.4 - Abortion based on genetic abnormality; prohibition
A. Repealed by Acts 2022, No. 545, §4.
B. Notwithstanding any other provision of law, it shall be unlawful for any person to intentionally perform or attempt to perform an abortion of an unborn child of twenty or more weeks post fertilization age, as provided for in R.S. 40:1061.1.2, with knowledge that the pregnant woman is seeking the abortion solely because the unborn child has been diagnosed with either a genetic abnormality or a potential for a genetic abnormality.
C.(1) It shall be unlawful for a person to intentionally perform or attempt to perform an abortion of an unborn child of less than twenty weeks post fertilization age without first providing the pregnant woman with an informational document including resources, programs, and services for pregnant women who have a diagnosis of fetal genetic abnormality and resources, programs, and services for infants and children born with disabilities. The informational document provided for in this Subsection shall be given to the pregnant woman at the same time as the requirements in R.S. 40:1061.17(B).
(2) The Louisiana Department of Health shall develop an informational document to comply with the mandate established in this Section to include resources, programs, and services for pregnant women who have a diagnosis of fetal genetic abnormality and resources, programs, and services for infants and children born with disabilities and shall make such information available to any requesting provider of women's health care services and shall maintain the information on a link on the department's website.
(3) No person shall be found in violation of this Subsection, and no penalty for a violation of this Subsection shall be assessed, in any instance in which the informational document required by this Subsection is not available for use.
D. Whoever violates the provisions of this Section shall be subject to the penalties provided in R.S. 40:1061.29.
E. The provisions of this Section shall not apply whenever the abortion is necessary to save the life of the mother.
Acts 2016, No. 563, §1, eff. June 17, 2016; Acts 2018, No. 77, §1, eff. May 10, 2018; Acts 2022, No. 545, §4; Redesignated from R.S. 40:1061.1.2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.2. Discrimination against certain persons; prohibition

RS 40:1061.2 - Discrimination against certain persons; prohibition
A. No physician, nurse, student or other person or corporation shall be held civilly or criminally liable, discriminated against, dismissed, demoted, or in any way prejudiced or damaged because of his refusal for any reason to recommend, counsel, perform, assist with or accommodate an abortion.
B. No worker or employee in any social service agency, whether public or private, shall be held civilly or criminally liable, discriminated against, dismissed, demoted, in any way prejudiced or damaged, or pressured in any way for refusal to take part in, recommend or counsel an abortion for any woman.
Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.31 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.3. Discrimination against hospitals, clinics, etc.; prohibition

RS 40:1061.3 - Discrimination against hospitals, clinics, etc.; prohibition
No hospital, clinic or other facility or institution of any kind shall be held civilly or criminally liable, discriminated against, or in any way prejudiced or damaged because of any refusal to permit or accommodate the performance of any abortion in said facility or under its auspices.
Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.32 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.4. Governmental assistance; discrimination for refusal to participate in an abortion; prohibition

RS 40:1061.4 - Governmental assistance; discrimination for refusal to participate in an abortion; prohibition
A. The term governmental assistance as used in this Section shall include federal, state and local grants, loans and all other forms of financial and other aid from any level of government or from any governmental agency.
B. No woman shall be denied governmental assistance or be otherwise discriminated against or pressured in any way for refusing to accept or submit to an abortion, which she may do for any reason and without explanation.
C. No hospital, clinic, or other medical or health facility, whether public or private, shall ever be denied governmental assistance or be otherwise discriminated against or otherwise be pressured in any way for refusing to permit its facilities, staff or employees to be used in any way for the purpose of performing any abortion.
D. No abortion shall be performed on any woman unless prior to the abortion she shall have been advised, orally and in writing, that she is not required to submit to the abortion and that she may refuse any abortion for any reason and without explanation and that she shall not be deprived of any governmental assistance or any other kind of benefits for refusing to submit to an abortion. This provision shall be of full force and effect notwithstanding the fact that the woman in question is a minor, in which event said minor's parents, or if a minor emancipated by marriage, the minor's husband, shall also be fully advised of their right to refuse an abortion for the minor in the same manner as the minor is advised. Compliance with this provision shall be evidenced by the written consent of the woman that she submits to the abortion voluntarily and of her own free will, and by written consent of her parents, if she is an unmarried minor, and by consent of her husband if she is a minor emancipated by marriage, such written consent to set forth the written advice given and the written consent and acknowledgment that a full explanation of the abortion procedure to be performed has been given and is understood.
Added by Acts 1973, No. 72, §1; Redesignated from R.S. 40:1299.33 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.5. Employees of state and political subdivisions; counseling abortion prohibited

RS 40:1061.5 - Employees of state and political subdivisions; counseling abortion prohibited
No person employed by the state of Louisiana, by contract or otherwise, or any subdivision or agency thereof, and no person employed in any public or private social service agency, by contract or otherwise, including workers therein, which is a recipient of any form of governmental assistance, shall require or recommend that any woman have an abortion. Notwithstanding anything contained herein to the contrary, this Section shall not apply to a doctor of medicine, currently licensed by the Louisiana State Board of Medical Examiners pursuant to R.S. 37:1261 et seq., who is acting to save or preserve the life of the pregnant woman.
Added by Acts 1973, No. 72, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.34 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.7. Instruction in elementary and secondary schools by abortion providers; prohibition

RS 40:1061.7 - Instruction in elementary and secondary schools by abortion providers; prohibition
A. No employee of or representative acting on behalf of an organization, individual, or any other entity that performs elective abortion, or of an affiliate as defined in Subsection B of this Section, shall engage in any of the following activities:
(1) Presenting or otherwise delivering any instruction or program on any health topic, including but not limited to human sexuality or family planning, to students at a public elementary or secondary school, or at a charter school that receives state funding.
(2) Knowingly providing any materials or media regarding human sexuality or family planning for distribution or viewing at a public elementary or secondary school, or at a charter school that receives state funding, regardless of the topic or viewpoint of such materials or media, if the materials or media are created by or bear the identifying mark of an organization, individual, or any other entity, or of an affiliate of any such organization, individual, or entity, that performs elective abortion.
B. For purposes of this Section, "affiliate" means an organization, individual, or any other entity that has a legal relationship with another organization, individual, or any other entity, and such relationship is created or governed by at least one written instrument that demonstrates one or more of the following:
(1) Common ownership, management, or control.
(2) The existence of a franchise.
(3) The granting or extension of a license or other agreement that authorizes common use of a brand name, trademark, service mark, or other registered identification mark.
C. The provisions of this Section shall not apply to any hospital licensed in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq.
D. Any abortion provider or affiliate of an abortion provider whose employee or representative acts in violation of this Section shall be subject to imposition of a monetary penalty established by rule by the Louisiana Department of Health, and the department shall consider such violation in any action regarding license issuance taken in accordance with R.S. 40:2175.6.
Acts 2014, No. 617, §1; Redesignated from R.S. 40:1299.35 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.8. Redesignated as R.S. 40:1061.1 by Acts 2022, No. 545, §6B.

RS 40:1061.8 - Redesignated as R.S. 40:1061.1 by Acts 2022, No. 545, §6B.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.9. Redesignated as R.S. 40:1061.1.1 by Acts 2022, No. 545, §6B.

RS 40:1061.9 - Redesignated as R.S. 40:1061.1.1 by Acts 2022, No. 545, §6B.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.11. Drugs or chemicals used; penalties

RS 40:1061.11 - Drugs or chemicals used; penalties
A. When any drug or chemical is used for the purpose of inducing an abortion, the physician who prescribed the drug or chemical shall be in the same room and in the physical presence of the pregnant woman when the drug or chemical is initially administered, dispensed, or otherwise provided to the pregnant woman.
B. The drug or chemical shall not be administered, dispensed, or otherwise provided to the pregnant woman by a physician or any person acting under the physician's direction, whether in a licensed outpatient abortion facility, private medical office or any other facility, unless the physician has obtained the voluntary and informed consent of the pregnant woman pursuant to the provisions of R.S. 40:1061.17 and the requirements set forth in that Section.
C. If a physician prescribes, dispenses, administers, or provides any drug or chemical to a pregnant woman for the purpose of inducing an abortion, the physician shall report the abortion to the Louisiana Department of Health as provided in R.S. 40:1061.21.
D. In addition to the requirements of reporting complications to the Louisiana Department of Health pursuant to R.S. 40:1061.21, if the physician knows that the woman experienced a serious adverse event, as defined by the MedWatch Reporting System, during or after the administration or use of the drug, the physician shall also report the event to the United States Food and Drug Administration through the MedWatch Reporting System not later than the third day after the date the physician learns that the event occurred.
E. The Louisiana State Board of Medical Examiners may take disciplinary action as authorized in R.S. 37:1261 et seq. or any other applicable provision of law against a physician who violates any provision of this Section.
F. Any person not under the direct and immediate supervision of a physician who knowingly performs or attempts to perform an abortion using chemicals or drugs in violation of this Section shall be subject to penalties pursuant to R.S. 40:1061.29. No penalty may be assessed against the woman who undergoes the abortion.
G. The provisions of R.S. 40:1061.1 shall apply to this Section.
Acts 2013, No. 259, §1, eff. June 10, 2013; Acts 2014, No. 620, §1, eff. Sept. 1, 2014; Redesignated from R.S. 40:1299.35.2.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.11.1. Chemically induced abortion; required disclosure

RS 40:1061.11.1 - Chemically induced abortion; required disclosure
A. When mifepristone is administered, dispensed, or otherwise provided to a pregnant woman by a physician or any person acting under the physician's direction, whether in a licensed outpatient abortion facility, private medical office, or any other facility, then the physician or the person acting under the physician's direction shall provide the disclosure statement found in Subsection B of this Section to the pregnant woman. The disclosure statement may be provided by doing any of the following:
(1) Stapling the disclosure statement to a bag, envelope, or other package that contains misoprostol for the pregnant woman to self-administer at home.
(2) Attaching the disclosure statement to a written prescription for misoprostol provided by the physician or the person acting under the physician's direction.
(3) Attaching the disclosure statement to the patient's discharge instructions if the prescription for misoprostol is sent directly to a pharmacy.
B. The disclosure statement required by this Section shall contain all of the following text:
"PLEASE READ BEFORE TAKING SECOND PILL
Research has indicated that the first pill provided, identified as mifepristone, is not always effective in ending a pregnancy. If after taking the first pill you regret your decision, please consult a physician or healthcare provider immediately to determine if there are options available to assist you in continuing your pregnancy."
C.(1) Nothing in this Section shall be construed as creating or recognizing a right to abortion.
(2) Nothing in this Section shall be construed as requiring the disclosure statement to be provided to a woman facing a spontaneous miscarriage as defined in R.S. 14:87.1(1)(b)(ii).
(3) Nothing in this Section shall be construed as requiring a pharmacy or any entity other than the facility where the abortion is administered to provide the disclosure statement.
D. As used in this Section, the following terms have the meanings ascribed to them:
(1) "Abortion pill" means the use of mifepristone or misoprostol to induce a chemical abortion.
(2) "Mifepristone" means a synthetic steroid that inhibits the action of progesterone, given orally in early pregnancy to induce a chemical abortion. Mifepristone is the first drug used in a two-drug process to induce a chemical abortion.
(3) "Misoprostol" means a synthetic prostaglandin E1 analogue that is used to induce a chemical abortion. Misoprostol is the second drug used in a two-drug process to induce a chemical abortion.
E. The provisions of R.S. 40:1061.1 shall apply to this Section.
Acts 2021, No. 483, §1; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.12. Born-Alive Infant Protection Act

RS 40:1061.12 - Born-Alive Infant Protection Act
A. An infant at any stage of development who has survived an abortion procedure resulting in his or her live birth shall be given reasonable and immediate medical care as provided in R.S. 40:1061.13(C), whether the abortion was considered legal or illegal under the law at the time that the abortion was performed.
B. The provisions of R.S. 40:1061.1 shall apply to this Section.
Acts 2001, No. 1110, §1, eff. June 28, 2001; Redesignated from R.S. 40:1299.35.3 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.13. Abortion after viability; second attendant physician required; duties

RS 40:1061.13 - Abortion after viability; second attendant physician required; duties
A. Before a physician may perform an abortion upon a pregnant woman whose unborn child is viable, such physician shall first certify in writing that the abortion is necessary to preserve the life or health of the woman and shall further certify in writing the medical indications for such abortion and the probable health consequences.
B. Any physician who performs an abortion upon a woman carrying a viable unborn child shall utilize the available method or technique of abortion most likely to preserve the life and health of the unborn child. In cases where the method or technique of abortion which would most likely preserve the life and health of the unborn child would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize such other method or technique. In all cases where the physician performs an abortion upon a viable unborn child, the physician shall certify in writing the available method or techniques considered and the reasons for choosing the method or technique employed.
C. An abortion of a viable unborn child shall be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for an infant born alive as a result of the abortion. During the performance of the abortion, the physician performing it, and subsequent to the abortion, the physician required by this Section to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable unborn child and born-alive infant, respectively, provided that it does not pose an increased risk to the life or health of the woman.
D. The provisions of this Section shall apply to an infant born alive, and the infant born alive shall be given immediate medical care regardless of whether the abortion was considered legal or illegal under the law at the time the abortion was performed.
E. The provisions of R.S. 40:1061.1 shall apply to this Section.
Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Redesignated from R.S. 40:1299.35.4 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.14.1. Fraudulent interference with parental consent

RS 40:1061.14.1 - Fraudulent interference with parental consent
A. Any person giving parental consent pursuant to R.S. 40:1061.14(A)(1) on behalf of a minor on whom an abortion was completed shall be subject to R.S. 14:70.7 providing penalties for the unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes.
B. Any employee of a licensed outpatient abortion facility who knowingly aids and abets a person who is not the mother, father, legal guardian, or tutor of a minor on whom an abortion was performed in the execution or acceptance of the parental consent requirements as required by R.S. 40:1061.14(A)(1), shall be subject to the penalties in R.S. 40:1061.29.
C. The provisions of R.S. 40:1061.1 shall apply to this Section.
Acts 2017, No. 165, §1; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.15. Prevention of forced abortion; signage in abortion facilities

RS 40:1061.15 - Prevention of forced abortion; signage in abortion facilities
A. This Section shall be known and may be cited as the "Forced Abortion Prevention Sign Act".
B. Any licensed outpatient abortion facility as defined by R.S. 40:2175.3 shall conspicuously post a sign in a location defined in Subsection D of this Section which is clearly visible to patients, and which features the text contained in Paragraph (1) of this Subsection and the information contained in Paragraph (2) of this Subsection.
(1) The sign shall feature the following text:
"Notice: Women's Rights and Pregnancy Resources
You can't be forced.
* It is unlawful for anyone to make you have an abortion against your will, even if you are a minor.
You and the father.
* The father of your child must provide support of the child, even if he has offered to pay for an abortion.
You and adoption.
* The law allows adoptive parents to pay costs of prenatal care, childbirth and newborn care.
You are not alone.
* Many agencies are willing to help you to carry your child to term, and to assist after your child's birth."
(2) The sign shall feature the web address of the pregnancy resources website maintained by the department pursuant to R.S. 40:1061.17, which shall be shown on the sign in a large, bold font designed to be clearly visible to patients, along with any additional information which is deemed necessary by the department and is in accordance with the provisions of R.S. 40:1061.17.
C. The department shall cause the sign provided for in this Section to be designed and produced. All signs produced shall incorporate color graphics and shall be printed on durable signage material measuring sixteen inches by twenty inches with lettering presented in a size and style of font designed to be clearly visible to the patient.
D. The sign provided for in this Section shall be conspicuously posted in each patient admission area, waiting room, and patient consultation room used by patients on whom abortions are performed, induced, prescribed for, or who are provided with the means for an abortion.
E. The provisions of R.S. 40:1061.1 shall apply to this Section.
Acts 2011, No. 411, §1; Redesignated from R.S. 40:1299.35.5.1 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.17.1. Development of AdoptionOption.La.Gov website; task force

RS 40:1061.17.1 - Development of AdoptionOption.La.Gov website; task force
The legislature hereby establishes a task force within the Louisiana Department of Health to advise the secretary of the department concerning the preparation of the printed and internet materials provided for in R.S. 40:1061.17(C)(1)(e) and (D), and to develop public education initiatives to publicize the information in a manner consistent with state law. The task force shall be composed of the following members:
(1) Not more than two licensed clinical social workers licensed by the Louisiana State Board of Social Work Examiners, each of whom shall have experience in assisting birth mothers in navigating the adoption process, appointed by the governor.
(2) Not more than two Louisiana residents who provide pre-abortion or post-abortion counseling in association with a nonprofit organization that does not counsel for or provide abortion, appointed by the governor.
(3) Not more than two attorneys licensed in Louisiana and employed by nonprofit organizations who specialize in advocacy for women at risk of being coerced into abortion, or who specialize in navigating the adoption process, appointed by the governor.
(4) Not more than two Louisiana residents who are employed by public or private nonprofit adoption agencies, appointed by the governor.
(5) Not more than two executive directors of Louisiana nonprofit organizations that promote adoption as an alternative to abortion, or their designees.
(6) Two members of the Senate appointed by the president.
(7) Two members of the House of Representatives appointed by the speaker.
(8) The secretary of the Louisiana Department of Health or his designee, who shall serve as a co-chairperson of the task force.
(9) The secretary of the Department of Children and Family Services or his designee, who shall serve as a co-chairperson of the task force.
Acts 2018, No. 319, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.18. Abortion sought due to rape or certain acts of crime against nature; reporting and certification

RS 40:1061.18 - Abortion sought due to rape or certain acts of crime against nature; reporting and certification
A. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of rape, prior to the abortion all of the following requirements shall be met:
(1) The rape victim shall report the rape to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion, the victim was too physically or psychologically incapacitated to report the rape.
(2) The victim certifies that the pregnancy is the result of rape, which certificate shall be witnessed by the treating physician.
B. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of crime against nature as defined by R.S. 14:89(A)(2), prior to the abortion all of the following requirements shall be met:
(1) The victim of crime against nature as defined by R.S. 14:89(A)(2) shall report the act to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion the victim was too physically or psychologically incapacitated to report the act.
(2) The victim certifies that the pregnancy is the result of crime against nature as defined by R.S. 14:89(A)(2), which certificate shall be witnessed by the treating physician.
C. The failure of the victim to comply with Subsection A or B, as applicable, shall not subject the victim to the provisions of R.S. 40:1061.28.
D. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of rape or crime against nature as defined by R.S. 14:89(A)(2), the victim may request spiritual counseling and shall be offered the same informed consent information, without the seventy-two-hour or twenty-four-hour delay, whichever may be applicable pursuant to R.S. 40:1061.17(B), prior to the performance of the abortion.
Acts 1994, 4th Ex. Sess., No. 1, §1, eff. Aug. 23, 1994; Acts 2005, No. 421, §1; Acts 2014, No. 602, §6, eff. June 12, 2014; Redesignated from R.S. 40:1299.35.7 by HCR 84 of 2015 R.S.; Acts 2016, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.20. Conscience in health care protection; definitions

RS 40:1061.20 - Conscience in health care protection; definitions
A.(1) Any person has the right not to participate in, and no person shall be required to participate in any health care service that violates his conscience to the extent that patient access to health care is not compromised. No person shall be held civilly or criminally liable, discriminated against, dismissed, demoted, or in any way prejudiced or damaged for declining to participate in any health care service that violates his conscience.
(2) This Section shall not prevent an inquiry by an employer or patient regarding whether a person declines to participate in any health care service that violates its conscience. When a patient requests health care services, a person shall identify, in writing, as soon as practicable, his declination to provide a service in accordance with the provisions of this Section. All persons who have a sincerely held religious belief or moral conviction and who seek employment at a health care facility shall notify the prospective employer of the existence of any sincerely held religious belief or moral conviction. Any health care facility that employs a person with a sincerely held religious belief or moral conviction shall ensure that the health care facility has sufficient staff to provide patient care in the event an employee declines to participate in any health care service that violates his conscience.
(3) The provisions of this Section shall not be construed to relieve any health care provider from providing emergency care as required by state or federal law.
(4) A person shall notify his employer in writing as soon as practicable of any health care service that violates his conscience. A person shall notify any patient before such person provides any consultation or service to the patient of the existence of a health care service that he will decline to provide because the health care service violates his conscience.
B. For purposes of this Section:
(1) "Conscience" means sincerely held religious belief or moral conviction.
(2) "Health care service" is limited to abortion, dispensation of abortifacient drugs, human embryonic stem cell research, human embryo cloning, euthanasia, or physician-assisted suicide.
C. A suit alleging a violation of this Section shall be brought in a district court in accordance with R.S. 23:303.
D. The provisions of R.S. 40:1061.1 shall apply to this Section.
Acts 2009, No. 372, §1; Redesignated from R.S. 40:1299.35.9 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.22. Forms

RS 40:1061.22 - Forms
A. The Louisiana Department of Health shall make available to physicians performing abortions in this state the forms for preparing the records and reports required pursuant to the provisions of this Chapter.
B. The provisions of R.S. 40:1061.1 shall apply to this Section.
Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Acts 2012, No. 685, §1; Redesignated from R.S. 40:1299.35.11 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.23. Emergency

RS 40:1061.23 - Emergency
The provisions of this Chapter shall not apply when a medical emergency compels the immediate performance of an abortion because the continuation of the pregnancy poses an immediate threat and grave risk to the life or serious health risk to the unborn child's mother. Within twenty-four hours, the attending physician shall certify to the medical emergency for the abortion and shall enter such certification in the medical record of the pregnant woman.
Added by Acts 1978, No. 435, §1. Amended by Acts 1980, No. 418, §1; Acts 1999, No. 1232, §1, eff. July 9, 1999; Acts 2001, No. 1110, §1, eff. June 28, 2001; Acts 2014, No. 569, §2, special eff. date; Redesignated from R.S. 40:1299.35.12 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
NOTE: See Acts 2014, No. 569, §3, regarding effectiveness.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.24. Experimentation

RS 40:1061.24 - Experimentation
A. No person shall experiment on an unborn child or on a child born as the result of an abortion, whether the unborn child or child is alive or dead, unless the experimentation is therapeutic to the unborn child or child.
B. The provisions of R.S. 40:1061.1 shall apply to this Section.
Added by Acts 1978, No. 435, §1. Amended by Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.13 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1061.26. Instructions to be provided subsequent to abortion

RS 40:1061.26 - Instructions to be provided subsequent to abortion
A. Any physician who shall perform or induce an abortion shall, subsequent to the abortion being performed or induced, provide his patient with specific oral and written medical instructions to be followed by that patient in order to ensure her safe recovery from the abortion.
B. The provisions of R.S. 40:1061.1 shall apply to this Section.
Added by Acts 1978, No. 435, §1; Redesignated from R.S. 40:1299.35.15 by HCR 84 of 2015 R.S.; Acts 2022, No. 545, §3.