reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.4. Cooperation of physicians and hospitals

RS 40:1081.4 - Cooperation of physicians and hospitals
The Louisiana Department of Health may invite the cooperation of all physicians and hospitals in the state which provide maternity and newborn infant care to participate in any program established by the department under the authority of this Subpart.
Acts 1964, No. 269, §4. Amended by Acts 1978, No. 442, §2; Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1299.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.5. Redesignated as R.S. 40:1125.31 by Acts 2022, No. 647, §4C.

RS 40:1081.5 - Redesignated as R.S. 40:1125.31 by Acts 2022, No. 647, §4C.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.6. Redesignated as R.S. 40:1125.32 by Acts 2022, No. 647, §4C.

RS 40:1081.6 - Redesignated as R.S. 40:1125.32 by Acts 2022, No. 647, §4C.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.7. Redesignated as R.S. 40:1125.33 by Acts 2022, No. 647, §4C.

RS 40:1081.7 - Redesignated as R.S. 40:1125.33 by Acts 2022, No. 647, §4C.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.8. Redesignated as R.S. 40:1125.21 by Acts 2022, No. 647, §4B.

RS 40:1081.8 - Redesignated as R.S. 40:1125.21 by Acts 2022, No. 647, §4B.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.9. Hemophilia; state treatment program; advisory committee

RS 40:1081.9 - Hemophilia; state treatment program; advisory committee
A. As used in this Section:
(1) "Department" shall mean the Louisiana Department of Health, or its successor.
(2) "Hemophilia" shall mean a bleeding tendency resulting from a genetically determined deficiency factor in the blood.
(3) "Hemophiliac" shall mean a person suffering from hemophilia.
(4) "Secretary" shall mean the secretary of the Louisiana Department of Health, or his designated representative.
B. The Louisiana Department of Health shall establish a program for the care and treatment of persons suffering from hemophilia. This program shall assist persons who require continuing treatment with blood and blood derivatives to avoid crippling, extensive hospitalization and other effects associated with the critical, chronic bleeding condition called hemophilia, but who are unable to pay for the entire cost of such services on a continuing basis despite the existence of various types of hospital coverages, Medicare, Medicaid, other government assistance programs, and private charitable assistance programs.
C. The department shall:
(1) Develop standards for determining eligibility for care and treatment under this program.
(2) Extend financial assistance to hemophiliacs in obtaining blood and blood derivatives and concentrates, and other efficacious agents for use in hospitals, medical and dental facilities, and at home, or participate in the cost of blood processing to the extent that such support will facilitate the supplying of blood, blood derivatives and concentrates, and other efficacious agents to hemophiliac patients at an economical cost, thus increasing the effectiveness of the monies appropriated to carry out the provisions of this Section.
(3) Institute and maintain educational programs among physicians, dentists, hospitals, public health departments, schools, and the public concerning hemophilia, including dissemination of information and the conducting of educational programs concerning the methods of care and treatment of persons suffering from hemophilia.
(4) Promulgate all rules and regulations necessary to effectuate the purposes of this Section.
D. Funds shall be made available under this program without regard to race or age.
Added by Acts 1977, No. 292, §1, eff. July 13, 1977; Redesignated from R.S. 40:1299.5 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.10. Privacy of genetic information

RS 40:1081.10 - Privacy of genetic information
With the exception of genetic tests specifically mandated to be reported by law, the results of any prenatal or postnatal genetic tests shall be confidential medical information and shall be excluded from reporting requirements. The results of such genetic tests shall become part of the medical record of the person tested and shall be confidential unless express written consent to their release is granted by the person tested.
Acts 1995, No. 1194, §1; Redesignated from R.S. 40:1299.6 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.11. Krabbe disease; public information

RS 40:1081.11 - Krabbe disease; public information
A. The Louisiana Department of Health shall develop and maintain information regarding Krabbe disease on its website.
B. The information provided by the department pursuant to this Section shall include, at a minimum, all of the following:
(1) An explanation of Krabbe disease symptoms, diagnosis, and treatment options.
(2) Information on relevant state agency and nonprofit resources, parent support groups, and available Medicaid waiver services.
Acts 2016, No. 507, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1081.12. Medicaid coverage; genetic testing of critically ill infants

RS 40:1081.12 - Medicaid coverage; genetic testing of critically ill infants
A.(1) Subject to the approval of the Centers for Medicare and Medicaid Services, the Louisiana medical assistance program shall include coverage on a fee-for-service basis for rapid whole genome sequencing testing of an infant who is enrolled in a Medicaid managed care plan and meets all of the following criteria:
(a) Is one year of age or younger.
(b) Has a complex illness of unknown etiology.
(c) Is receiving inpatient hospital services in an intensive care unit or in a pediatric care unit.
(2) Coverage provided for the infant pursuant to this Section shall include individual sequencing, trio sequencing of the parents of the infant, and ultra-rapid sequencing.
B. The secretary of the Louisiana Department of Health shall take all actions necessary to implement the provisions of this Section, including but not limited to both of the following:
(1) Promulgation of rules and regulations in accordance with the Administrative Procedure Act to provide for Medicaid coverage pursuant to this Section.
(2) Submission to the Centers for Medicare and Medicaid Services of any new waiver application, amendment to an existing waiver, or Medicaid state plan amendment to provide for Medicaid coverage pursuant to this Section.
Acts 2022, No. 501, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1083.1. Definitions

RS 40:1083.1 - Definitions
A. "Birthing facility" means an inpatient or ambulatory health care facility licensed by the Louisiana Department of Health that provides birthing and newborn care services.
B. "Congenital heart defects" (CHD) means structural abnormalities of the heart that are present at birth and range in severity from simple problems, such as holes between chambers of the heart, to severe malfunctions, such as the complete absence of one or more chambers or valves. CHD is the most common birth defect and is the number one cause of infant death from birth defects.
C. "Critical congenital heart disease" (CCHD) means a heart defect that causes severe, life-threatening symptoms and requires intervention, such as surgery, in the first few hours, days, or months of life. CCHD accounts for about twenty-five percent of all CHD.
D. "Pulse Oximetry Screening" means a noninvasive test that estimates the percentage of hemoglobin in blood that is saturated with oxygen to detect CHDs.
Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.371 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1083.2. Legislative intent

RS 40:1083.2 - Legislative intent
The legislature finds that:
(1) Critical congenital heart disease can cause severe and life-threatening symptoms that require intervention within the first days of life. Early detection of CCHD and timely intervention can decrease morbidity and mortality and lead to better outcomes for affected children.
(2) According to the Centers for Disease Control and Prevention (CDC), CHDs occur in approximately one in one hundred ten births in the United States. About twenty-five percent of CHDs are considered CCHDs.
(3) Current methods for detecting CCHDs generally include prenatal ultrasound screening and repeated clinical examinations. Defects are also often not detected during routine clinical exams performed prior to a newborn baby's discharge from a birthing facility.
(4) When a screening for CCHD, such as pulse oximetry screening, is performed on a newborn in a birthing facility, it is effective in detecting life-threatening CHDs, which otherwise go undetected by current screening methods. The use of pulse oximetry in newborn nurseries is standard in most hospitals.
(5) Newborns with abnormal pulse oximetry results require immediate testing to confirm a defect and allow intervention. Many newborns could be saved by earlier detection and treatment of CCHD if birthing facilities in the state of Louisiana were required to perform this simple, noninvasive newborn screening in conjunction with current CCHD screening methods.
Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.372 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1083.3. Critical congenital heart disease screening

RS 40:1083.3 - Critical congenital heart disease screening
Each birthing facility in the state of Louisiana shall perform pulse oximetry screening for the identification of CCHD on every newborn in its care prior to discharge from the birthing facility, unless prohibited by the parent or guardian of the newborn.
Acts 2013, No. 407, §1; Redesignated from R.S. 40:1300.373 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.1. Ophthalmia neonatorum defined

RS 40:1085.1 - Ophthalmia neonatorum defined
Any eye condition of any infant, in which there is any inflammation, swelling, or redness in one or both eyes, with or without any unnatural discharge from the eye or eyes, occurring within two weeks after the birth of the infant, shall be known as ophthalmia neonatorum, independent of the nature of the infection.
Redesignated from R.S. 40:1101 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.2. Duty to report disease to local health officer

RS 40:1085.2 - Duty to report disease to local health officer
Any physician, midwife, or other person licensed by the state to practice obstetrics or to assist at childbirth, or any physician who attends a child within two weeks after childbirth, shall within six hours after obtaining knowledge of the condition defined in R.S. 40:1085.1 report this condition, as directed by the Louisiana Department of Health, hereinafter referred to as the "department", to the local health officer at the residence of the mother.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 839, §1; Redesignated from R.S. 40:1102 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.3. Use of prophylactic directed by department

RS 40:1085.3 - Use of prophylactic directed by department
A. All persons covered by the provisions of R.S. 40:1085.2 shall routinely apply or be reasonably certain that others have already applied any prophylactic which the department directs for the prevention of ophthalmia neonatorum, whether or not ophthalmia neonatorum is indicated, and to do so in the manner that the department directs. The provisions of this Section shall be inoperative in those instances where:
(1) There are no indications of the existence of ophthalmia neonatorum; and
(2) The mother states in writing that she objects to the application of such prophylactic on religious grounds.
B. Liability arising from the lack of use of the approved prophylactic shall not attach to any person or institution who, on the written instruction of the mother, withholds the application of the approved prophylactic.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1988, No. 839, §1; Redesignated from R.S. 40:1103 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.4. Duties of health officer

RS 40:1085.4 - Duties of health officer
The local health officer shall:
(1) Investigate each case filed with him in pursuance of this Subpart and any other such case which comes to his attention.
(2) Report all cases of ophthalmia neonatorum and the result of his investigations thereon, as directed by the department.
(3) Conform to any other rules and regulations on this subject that the secretary of the department promulgates for his further guidance.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1104 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.5. Duties of the Louisiana Department of Health

RS 40:1085.5 - Duties of the Louisiana Department of Health
The department shall:
(1) Enforce the provisions of this Subpart.
(2) Promulgate such rules and regulations as are necessary for purposes of this Subpart and as it thinks necessary for the further and proper guidance of local health officers.
(3) Provide for the gratuitous distribution of a scientific prophylactic for ophthalmia neonatorum, together with proper directions for the use and administration thereof, to all physicians, midwives, and the like engaged in the practice of obstetrics or assisting at childbirth.
(4) Print and publish any further advice and information concerning the danger of ophthalmia neonatorum and the necessity for prompt and effective treatment thereof as it thinks proper.
(5) Furnish copies of the provisions of this Subpart to all physicians, midwives, and the like engaged in the practice of obstetrics or assisting at childbirth.
(6) Keep a proper record of all cases of ophthalmia neonatorum filed in its office in pursuance of this Subpart or which come to its attention in any way. It shall make these records a part of its annual report to the governor and the legislature.
(7) Report all violations of this Subpart which come to its attention to the proper district attorney and assist him in any way possible in connection therewith.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1105 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.6. Duties of maternity homes and hospitals to keep records

RS 40:1085.6 - Duties of maternity homes and hospitals to keep records
All maternity homes and hospitals, and similar institutions or facilities shall maintain such records of cases of ophthalmia neonatorum as the department directs.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Redesignated from R.S. 40:1106 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.7. Collusion to hide facts prohibited

RS 40:1085.7 - Collusion to hide facts prohibited
No official and no person named in this Subpart shall collude with any person to misstate or conceal any facts the correct reporting of which, under this Subpart, is essential.
Amended by Acts 1952, No. 127, §15; Redesignated from R.S. 40:1107 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1085.8. Penalty; revocation of charter

RS 40:1085.8 - Penalty; revocation of charter
Whoever violates any provision of this Subpart shall be fined not more than fifty dollars for the first offense, not more than one hundred dollars for the second offense, and not more than two hundred dollars for each subsequent offense.
If the accused is a physician, midwife, or the like, the court may also order a revocation of his license. If the accused is a maternity home or the like, incorporated under the laws of this state, the court may order a revocation of its charter.
Redesignated from R.S. 40:1108 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1086.1. Definitions

RS 40:1086.1 - Definitions
As used in this Subpart, the following terms have the meaning ascribed in this Section:
(1) "Birthing center" means a healthcare facility, the primary purpose of which is the performance of low-risk deliveries, where births are planned to occur away from the mother's usual residence following a low-risk pregnancy. For purposes of this Subpart, the term "birthing center" shall not include a hospital or a facility licensed as part of a hospital.
(2) "Department" means the Louisiana Department of Health.
(3) "Hospital" means a facility that is licensed as a hospital in accordance with the provisions of the Hospital Licensing Law, R.S. 40:2100 et seq.
(4) "Licensed midwife" means a midwife who is licensed in accordance with the provisions of the Midwife Practitioners Act, R.S. 37:3240 et seq.
(5) "Postneonatal death" means the death of a child aged twenty-eight days to three hundred sixty-four days.
(6) "Shaken baby syndrome" means the condition known also as abusive head trauma which is characterized by injuries resulting from violent shaking or shaking and impacting of the head of an infant or small child.
(7) "Sudden unexpected infant death" means the death of an infant of less than one year of age, the cause of which is not immediately obvious before investigation, that occurs suddenly and unexpectedly. A sudden unexpected infant death requires the performance of a thorough postmortem investigation that includes a complete autopsy, an examination of the death scene, and a review of the clinical history of the deceased child. The term includes ill-defined and unknown causes of mortality, sudden infant death syndrome, and accidental suffocation and strangulation in bed.
Acts 2016, No. 506, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1086.2. Legislative findings; declaration

RS 40:1086.2 - Legislative findings; declaration
A. With respect to shaken baby syndrome, the legislature finds that this condition occurs when an infant or child is violently shaken as part of a pattern of abuse, or because an adult has momentarily succumbed to the frustration of responding to a crying infant or child. The legislature further finds that the effects of shaken baby syndrome can include brain swelling and damage, subdural hemorrhage, intellectual disability, and death.
B. With respect to sudden infant death syndrome, which is a form of sudden unexpected infant death, the legislature finds all of the following:
(1) Sudden infant death syndrome was the leading cause of postneonatal death in each year of the most recent ten-year period for which complete child mortality data is available (2002 through 2012).
(2) Even after a thorough investigation, it is difficult to distinguish sudden infant death syndrome from other sleep-related infant deaths such as from overlay or suffocation in soft bedding.
(3) Parents and caregivers can take simple steps to reduce the risk of sudden unexpected infant deaths.
C. The legislature hereby declares that prevention of shaken baby syndrome and prevention of sudden unexpected infant death are major public health priorities of this state.
Acts 2016, No. 506, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1086.3. Information for parents of newborns; birthing center requirements

RS 40:1086.3 - Information for parents of newborns; birthing center requirements
A. Every birthing center, hospital, and licensed midwife shall share resources with each maternity patient and father of a newborn child, if available, regarding shaken baby syndrome and sudden unexpected infant death.
B.(1) The department shall promulgate all rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Subpart. At minimum, the rules of the department shall designate the compendium of resources approved for use by birthing centers, hospitals, and licensed midwives to meet the requirements of Subsection A of this Section. The compendium of resources shall, collectively, address all of the following:
(a) The dangers of shaking infants and children.
(b) The symptoms of shaken baby syndrome.
(c) The dangers associated with rough handling or striking of an infant.
(d) Safety measures which can be taken to prevent sudden unexpected infant death.
(e) The risks associated with infants sleeping in the same bed with other children or adults.
(2) The department shall ensure that all approved resources provided for in this Subsection are publicly available, through the department's website or any other means, to birthing centers, hospitals, and licensed midwives.
Acts 2016, No. 506, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1086.4. Public awareness activities authorized

RS 40:1086.4 - Public awareness activities authorized
The department is hereby authorized to conduct public awareness activities designed to promote the prevention of shaken baby syndrome and prevention of sudden unexpected infant death. The public awareness activities may include but shall not be limited to public service announcements, information kits and brochures, promotion of relevant telephone hotlines, and provision of information concerning shaken baby syndrome and sudden unexpected infant death on an internet website.
Acts 2016, No. 506, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1086.11. Physician notification

RS 40:1086.11 - Physician notification
A. If a newborn exhibits symptoms of withdrawal or other observable and harmful effects in his physical appearance or functioning that a physician believes are due to the use of a controlled dangerous substance, as defined by R.S. 40:961 et seq., in a lawfully prescribed manner by the mother during pregnancy, the physician shall make a notification to the Department of Children and Family Services on a form developed by the department. Such notification shall not constitute a report of child abuse or prenatal neglect, nor shall it require prosecution for any illegal action.
B. A healthcare provider shall be authorized to share any protected health information, as defined in 45 CFR 160.103, with the Department of Children and Family Services for the purpose of complying with the notification requirement of this Subpart.
C. The Department of Children and Family Services shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subpart. Such rules shall include, at minimum, all of the following:
(1) The manner in which the notification shall be made to the department.
(2) The form and minimum required contents of the notification.
(3) The plan to monitor the statewide system regarding the availability and delivery of appropriate services for newborns and affected families and caretakers.
D. A physician who in good faith makes a notification to the Department of Children and Family Services in compliance with this Section shall have no civil or criminal liability for damage or injury arising from that notification, unless the damage or injury was caused by the physician's willful or wanton misconduct or gross negligence.
Acts 2017, No. 359, §2.
NOTE: See Acts 2017, No. 359, §2 regarding enforceability.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1086.12. Neonatal opiate withdrawal syndrome pilot project

RS 40:1086.12 - Neonatal opiate withdrawal syndrome pilot project
A. For the purpose of this Section, the following definitions apply:
(1) "Department" means the Louisiana Department of Health.
(2) "Infant" includes both a newborn and an infant.
(3) "Neonatal opiate withdrawal syndrome" means the postnatal opioid withdrawal experienced by an infant who is exposed in utero to prescribed or illicit opioids or agents used to treat maternal opioid addiction.
B.(1) The department shall establish an evidence-based pilot project conducted by a multi-disciplinary team to treat infants with neonatal opiate withdrawal syndrome by providing care options that are safe alternatives to the intensive care unit in existing community or hospital settings for eligible mother-infant dyads. This pilot shall prioritize co-location of the mother-infant dyad, maternal access to evidence-based treatment of substance use disorder, and promotion of practices that minimize harm and improve outcomes in infants, in keeping with up-to-date clinical evidence.
(2) In order to scale evidence-based best practices statewide, the department, in coordination with Department of Children and Family Services, shall convene stakeholders and providers from around the state, including but not limited to the Louisiana Commission on Perinatal Care and Prevention of Infant Mortality and the Louisiana Perinatal Quality Collaborative, in order to promote evidence-based care of infants with neonatal opiate withdrawal syndrome.
C. The department shall study comparative outcomes, risks, benefits, and cost differentials for the treatment of infants with neonatal opiate withdrawal syndrome in hospital and community settings included in this pilot program.
D. The department may provide access to United States Food and Drug Administration approved medication-assisted treatment including agonist, partial-agonist, and antagonist medications for the treatment of opioid use disorders, in conjunction with detoxification services for females with a history of giving birth to neonatal abstinence syndrome affected infants.
E. The department shall take all steps necessary to implement this Section, including but not limited to the promulgation of rules and regulations in accordance with the Administrative Procedure Act, and may seek a waiver from the Centers for Medicare and Medicaid Services if needed.
F. The pilot project may be administered consistent with the Controlled Substance Act, as amended by Section 303 of the Comprehensive Addiction and Recovery Act of 2016.
G. This pilot project is subject to specific appropriation by the legislature.
Acts 2018, No. 174, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1086.21. Cytomegalovirus; point of care testing; reporting

RS 40:1086.21 - Cytomegalovirus; point of care testing; reporting
A healthcare provider attending a newborn child shall administer appropriate testing for cytomegalovirus if the newborn fails the newborn hearing screen and, in the exercise of professional judgment, the healthcare provider believes that the testing would be in the best interest of the newborn. Any testing for cytomegalovirus provided in accordance with the provisions of this Section shall be considered medically necessary and shall not be denied on the basis for failing to meet any applicable medically necessary standards or requirements by any health insurance issuer which otherwise provides coverage for the testing. The Louisiana Department of Health shall provide payment to all Medicaid providers for the costs incurred as a result of the administration of testing pursuant to the provisions of this Section. Payment shall be made by the department within thirty days of receiving a claim for payment from a healthcare provider.
Acts 2023, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1089.1. Legislative intent

RS 40:1089.1 - Legislative intent
A. Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimate that as many as three million nine hundred thousand sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk for long-term, chronic cognitive, physical, and emotional symptoms associated with the development of post-concussion syndrome and chronic traumatic encephalopathy, as well as the risk for catastrophic injuries or even death, is significant when a concussion or head injury is not properly recognized, evaluated, and managed.
B. Continuing to play with a concussion or symptoms of head injury leaves the young athlete especially vulnerable to greater injury and even death. The Legislature of Louisiana recognizes that, despite having generally recognized return-to-play standards for concussions and head injury, some affected youth athletes are prematurely returned to play resulting in actual or potential physical injury or death to youth athletes in the state of Louisiana.
C. The Legislature of Louisiana further recognizes that it is in the best interest of the state to create a uniform education, training, and return-to-play protocol to be followed throughout the state.
Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.181 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1089.2. Definitions

RS 40:1089.2 - Definitions
As used in this Subpart:
(1) "Healthcare provider" means a physician as defined in R.S. 37:1262, a licensed nurse practitioner, a licensed physician assistant, or a licensed psychologist, which person has received training in neuropsychology or concussion evaluation and management. (2) "Public recreation facility" means a recreation facility owned or leased by the state of Louisiana or a political subdivision thereof.
(3) "Youth athletic activity" means an organized athletic activity where the majority of the participants are seven years of age or older and under nineteen years of age, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. "Youth athletic activity" shall not include college or university activities or an activity which is entered into for instructional purposes only, an athletic activity that is incidental to a nonathletic program, or a lesson.
Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.182 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1089.4. Removal from and return to play

RS 40:1089.4 - Removal from and return to play
A. A coach who is required to complete concussion recognition education pursuant to this Subpart shall immediately remove any youth athlete from a game, competition, or practice if any of the following occurs:
(1) The youth athlete reports any defined sign or symptom of a concussion and is reasonably suspected of having sustained a concussion.
(2) The coach, athletic trainer, or official determines that the youth athlete exhibits any defined sign or symptom of a concussion and he reasonably suspects that the youth athlete has sustained a concussion.
(3) The coach or official is notified that the youth athlete has reported or exhibited any defined sign or symptom of a concussion and is reasonably suspected of sustaining a concussion by any of the following persons:
(a) A licensed, registered, or certified medical healthcare provider operating within his scope of practice. The medical healthcare provider performing an evaluation, for the purposes of this Subsection, upon a youth athlete suspected of sustaining a concussion or brain injury may be a volunteer.
(b) Any other licensed, registered, or certified individual whose scope of practice includes the recognition of concussion symptoms. The individual performing an evaluation, for the purposes of this Subsection, upon a youth athlete suspected of sustaining a concussion or brain injury may be a volunteer.
B. If a youth athlete is removed from play pursuant to this Section and the signs and symptoms cannot be readily explained by a condition other than concussion, the coach shall notify the athlete's parent or legal guardian and shall not permit the youth athlete to return to play or participate in any supervised team activities involving physical exertion, including games, competitions, or practices, until the youth athlete is evaluated by a healthcare provider and receives written clearance from the healthcare provider for a full or graduated return to play.
C. After a youth athlete who has sustained a concussion or head injury has been evaluated and received clearance for a graduated return to play from a healthcare provider, an organization or association of which a school or school district is a member, a private or public school, a private club, a public recreation facility, or an athletic league may allow a licensed athletic trainer with specific knowledge of the athlete's condition to manage the athlete's graduated return to play.
D. This Section does not create any liability for, or create a cause of action against, a school, its officers, or its employees, an organization or association of which a school or school district is a member, a private or public school, a private club, a public recreation facility, or an athletic league when such person or entity has complied with the provisions of this Subpart.
Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.184 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1089.5. Concussion information

RS 40:1089.5 - Concussion information
The office of public health within the Louisiana Department of Health shall promulgate and make available to all public and private middle schools, junior high schools, and high schools, private clubs, public recreation facilities, and each athletic league which sponsors youth athletic activities information which informs of the nature and risk of concussion and head injury, including the risks associated with continuing to play after a concussion or head injury.
Acts 2011, No. 314, §1, eff. June 28, 2011; Redesignated from R.S. 40:1299.185 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1091. Autism spectrum disorder; screening of children

RS 40:1091 - Autism spectrum disorder; screening of children
A. Any primary care provider who performs early and periodic screening, diagnostic, and treatment preventive visits in accordance with the periodicity schedule of the Bright Futures initiative of the American Academy of Pediatrics shall promote age-appropriate screenings including, unless otherwise medically indicated, a standardized screening for autism spectrum disorder at any routine well child visit.
B. No primary care provider shall be liable for any civil damages or be subject to any disciplinary action by his licensing board as a result of any act or omission in connection with delivering or not delivering any service provided for in this Part.
Acts 2022, No. 356, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1092. Redesignated to R.S. 40:1121.22 by HCR 84 of 2015 R.S.

RS 40:1092 - Redesignated to R.S. 40:1121.22 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1093. Redesignated to R.S. 40:1121.23 by HCR 84 of 2015 R.S.

RS 40:1093 - Redesignated to R.S. 40:1121.23 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1094. Redesignated to R.S. 40:1121.24 by HCR 84 of 2015 R.S.

RS 40:1094 - Redesignated to R.S. 40:1121.24 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1095. Redesignated to R.S. 40:1079.1 by HCR 84 of 2015 R.S.

RS 40:1095 - Redesignated to R.S. 40:1079.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1096. Redesignated to R.S. 40:1079.2 by HCR 84 of 2015 R.S.

RS 40:1096 - Redesignated to R.S. 40:1079.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1097. Redesignated to R.S. 40:1079.3 by HCR 84 of 2015 R.S.

RS 40:1097 - Redesignated to R.S. 40:1079.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1098.1. Definitions

RS 40:1098.1 - Definitions
For the purposes of this Part, the following terms have the meaning ascribed to them unless the context clearly indicates otherwise:
(1) "Healthcare professional" shall have the same meaning as the term is defined in R.S. 14:34.8.
(2) "Minor" means any natural person who has not reached the age of majority as provided in Civil Code Article 29 and who has not been emancipated pursuant to Title V of Book VII of the Code of Civil Procedure.
(3) "Sex" means the biological indication of male or female as evidenced by a medical examination of all of the following:
(a) Sex chromosomes.
(b) Naturally occurring sex hormones.
(c) Gonads.
(d) As well as nonambiguous internal and external genitalia present at birth.
Acts 2023, No. 466, §1, eff. Jan. 1, 2024.
NOTE: Former R.S. 40:1098.1 redesignated as R.S. 40:1079.11 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1098.3. Healthcare professionals; disciplinary actions

RS 40:1098.3 - Healthcare professionals; disciplinary actions
If a professional or occupational licensing board finds by a preponderance of the evidence that a healthcare professional licensed or certified by the board has violated the provisions of this Part, the board shall revoke any professional or occupational license or certificate held by the healthcare professional for a minimum of two years.
Acts 2023, No. 466, §1, eff. Jan. 1, 2024.
NOTE: Former R.S. 40:1098.3 redesignated as R.S. 40:1079.13 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1098.4. Minors' lack of consent

RS 40:1098.4 - Minors' lack of consent
A. Notwithstanding the provisions of R.S. 40:1079.1 and notwithstanding any other provision of law to the contrary, a minor may not consent to any procedures or services that are prohibited in R.S. 40:1098.2(A).
B. The provisions of this Section shall not apply to a minor who is subject to the provisions of R.S. 40:1098.2(D).
Acts 2023, No. 466, §1, eff. Jan. 1, 2024.
NOTE: Former R.S. 40:1098.4 redesignated as R.S. 40:1079.14 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1098.5. Civil actions; remedies

RS 40:1098.5 - Civil actions; remedies
A. Notwithstanding any other provision of law to the contrary, a person who has been harmed as a result of acts which are prohibited by this Part or who has been subjected to acts which are prohibited by this Part with or without consent shall have a cause of action for damages in a court of competent jurisdiction.
B. The cause of action for damages shall be commenced before the later of either of the following:
(1) The lapse of a twelve-year liberative prescription once the minor reaches the age of majority.
(2) Within three years from the time the person discovered or reasonably should have discovered that the injury or damages were caused by the violation.
C. Venue pursuant to this Section may be brought pursuant to Code of Civil Procedure Article 42 or in the parish of domicile of the petitioner.
D.(1) If a court finds that a person is entitled judgment pursuant to this Section, the court shall award damages, attorney fees, and all costs of the proceeding against the defendant for violation of this Part.
(2) Damages awarded by the court pursuant to this Section may include but are not to be limited to damages for infertility or sterility that is suffered by the minor as a result of the acts prohibited by this Part.
E. Consent shall not operate as a defense to a petitioner's claim that is filed pursuant to this Section.
Acts 2023, No. 466, §1, eff. Jan. 1, 2024.
NOTE: Former R.S. 40:1098.5 redesignated as R.S. 40:1079.15 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1098.6. Attorney general; injunctive or declaratory relief

RS 40:1098.6 - Attorney general; injunctive or declaratory relief
A. The attorney general may bring a civil action to enforce compliance with this Part in a court of competent jurisdiction.
B. The attorney general may seek injunctive or declaratory relief and any other appropriate remedy in order to protect a minor from those harms resulting from conduct that is prohibited pursuant to this Part.
C. Venue pursuant to this Section shall be that same venue which is provided in R.S. 40:1098.5.
D. If the court grants relief pursuant to this Section, the court shall award attorney fees and all costs of the proceeding against the defendant for violation of this Part.
E. Nothing in this Part shall be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state to institute or intervene in any proceeding.
Acts 2023, No. 466, §1, eff. Jan. 1, 2024.
NOTE: Former R.S. 40:1098.6 redesignated as R.S. 40:1079.16 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1098.7. Redesignated to R.S. 40:1079.17 by HCR 84 of 2015 R.S.

RS 40:1098.7 - Redesignated to R.S. 40:1079.17 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1098.8. Redesignated to R.S. 40:1079.18 by HCR 84 of 2015 R.S.

RS 40:1098.8 - Redesignated to R.S. 40:1079.18 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1099. Redesignated to R.S. 40:1271.1 by HCR 84 of 2015 R.S.

RS 40:1099 - Redesignated to R.S. 40:1271.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1099.1. Redesignated to R.S. 40:1271.2 by HCR 84 of 2015 R.S.

RS 40:1099.1 - Redesignated to R.S. 40:1271.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1101. Short title

RS 40:1101 - Short title
This Part shall be known and may be cited as the "Alzheimer's Special Care Disclosure Act".
Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.121 by HCR 84 of 2015 R.S.
NOTE: Former R.S. 40:1101 redesignated to R.S. 40:1085.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1101.1. Legislative intent

RS 40:1101.1 - Legislative intent
The legislature finds and declares that:
(1) Certain nursing home and related facilities, residential care facilities, assisted living facilities, adult congregate living facilities, home health agencies, home- and community-based service providers which provide adult day care services, hospices, and continuing care retirement communities are presently known to offer to provide or provide a special program or special unit for persons who have Alzheimer's disease or a related disorder.
(2) It is in the public interest to provide for the protection of consumers regarding the accuracy and authenticity of such claims.
(3) It is the public policy of this state to require such facilities to disclose the reasons for those claims, to require records of such disclosures to be kept, and to require the examination of such records.
Acts 1997, No. 909, §1, eff. July 10, 1997; Acts 2008, No. 839, §3, eff. July 8, 2008; Redesignated from R.S. 40:1300.122 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1101.2. Definitions

RS 40:1101.2 - Definitions
As used in this Part:
(1) "Alzheimer's special care unit" means any nursing facility, residential care/assisted living facility, adult congregate living facility, home health agency, home- and community-based service provider which provides adult day care services, hospice, or continuing care retirement community that segregates or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's disease or a related disorder so as to prevent or limit access by a resident to areas outside the designated or separated area; and that advertises, markets, or otherwise promotes the facility as providing specialized Alzheimer/dementia care services.
(2) "Department" means the Louisiana Department of Health.
Acts 1997, No. 909, §1, eff. July 10, 1997; Acts 2008, No. 839, §3, eff. July 8, 2008; Redesignated from R.S. 40:1300.123 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1101.3. Disclosure; content

RS 40:1101.3 - Disclosure; content
A. In accordance with Subsection E of this Section, any facility or other entity which offers to provide or provides a special program for persons with Alzheimer's disease or a related disorder by means of an Alzheimer's special care unit shall disclose the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for such persons. The disclosure shall be made to the state licensing agency and to any person seeking placement on behalf of a person with Alzheimer's disease or a related disorder within an Alzheimer's special care unit. Disclosure may also be made to the state ombudsman. The department shall examine all such disclosures in the department's records as part of the facility's licensing renewal procedure to verify accuracy. The disclosure shall be made prior to the facility or entity entering into any agreement to provide care.
B. The information disclosed shall explain the additional care provided in each of the following areas:
(1) Philosophy: the Alzheimer's special care unit written statement of its overall philosophy and mission which reflects the needs of residents afflicted with dementia.
(2) Pre-admission, admission, and discharge: the process and criteria for placement in, transfer, or discharge from the unit.
(3) Assessment, care planning, and implementation: the process used for assessment and establishment of the plan of care and its implementation, including the method by which the plan of care evolves and is responsive to changes in condition.
(4) Staffing patterns and training: staff training and continuing education practices.
(5) Physical environment: the physical environment and design features appropriate to support the functioning of cognitively impaired adult residents.
(6) Resident activities: the frequency and types of resident activities.
(7) Family role in care: the involvement of families and the availability of family support programs.
(8) Program fees: the fees for care and any additional fees.
C. The department, with input from consumer and provider representatives, shall develop a standardized disclosure form and shall review the information submitted on the disclosure form by the facility or other entity to verify the accuracy of the information reported. Any significant change in the information initially submitted by the facility or other entity shall be reported to the department at the time the change is made.
D. Nothing herein shall be interpreted to preclude a nursing facility without an Alzheimer's special care unit from admitting a person with Alzheimer's disease or a related disorder.
E. As soon as practicable after July 10, 1997, the department shall promulgate rules and regulations to effectuate the provisions of this Section.
Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.124 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1101.4. Rules

RS 40:1101.4 - Rules
The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Part.
Acts 1997, No. 909, §1, eff. July 10, 1997; Redesignated from R.S. 40:1300.125 by HCR 84 of 2015 R.S.