reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1275.3. Mandatory reporting requirement

RS 40:1275.3 - Mandatory reporting requirement
The office shall establish a central registry of persons with severe head injuries and shall collect data on the nature, causes, and effects of severe head injuries. The office, by rule, shall require appropriate health care professionals and health care facilities to report severe head injuries to the central registry. The office shall provide for the analysis of such data and for dissemination of such data and analysis for the purposes of prevention of severe head injuries and care and support for persons with severe head injuries.
Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.173 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1275.4. Rules and regulations

RS 40:1275.4 - Rules and regulations
The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the requirements of this Part.
Acts 1995, No. 350, §1, eff. June 16, 1995; Redesignated from R.S. 40:1299.174 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1276. Redesignated to R.S. 40:1269.2 by HCR 84 of 2015 R.S.

RS 40:1276 - Redesignated to R.S. 40:1269.2 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1277. Redesignated to R.S. 40:1269.3 by HCR 84 of 2015 R.S.

RS 40:1277 - Redesignated to R.S. 40:1269.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1278. Redesignated to R.S. 40:1269.4 by HCR 84 of 2015 R.S.

RS 40:1278 - Redesignated to R.S. 40:1269.4 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.1. Definitions

RS 40:1281.1 - Definitions
As used in this Subpart, the following terms shall have the meaning ascribed in this Section:
(1) "Certificate" means a certificate of competency issued by the state health officer stating that the operator has met the requirements for the specified operator classification as defined by the state health officer under R.S. 40:1281.3.
(2) "Committee" means the committee of certification.
(3) "Louisiana conference" means the Louisiana Conference on Water Supply, Sewerage and Industrial Wastes.
(4) "Operator" means the individual, as determined by the committee of certification, in attendance on site of a water supply system or a sewerage system and whose performance, judgment, and direction affects either the safety, sanitary quality, or quantity of water or sewage treated or delivered.
(5) "Sewage collection system" means all components of a sewerage system except for the sewage treatment plant.
(6) "Sewage treatment plant" means the facility or group of units provided for the treatment of wastewater and for the reduction and handling of sludge removed from such wastewater.
(7) "Sewerage system" means a system of piping and appurtenances, including sewage treatment facilities, for collecting and conveying wastewater from source to discharge.
(8) "State health officer" means the secretary of the Louisiana Department of Health, hereinafter referred to as the "department", or his designee as provided in R.S. 40:2.
(9) "Wastewater" means the spent water or sewage of a community containing the liquid or water-carried wastes from residences, commercial buildings, and institutions along with any groundwater, surface water, or storm water that may be commingled.
(10) "Water distribution system" means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.
(11) "Water production facility" means the system of water wells, impoundments reservoirs, aqueducts, pumps, pipelines and other appurtenances necessary to produce and deliver the water necessary for treatment and distribution to a community.
(12) "Water supply system" means the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household or other uses.
(13) "Water treatment plant" means that portion of the water supply system which in some way alters the physical, chemical, or bacteriological quality of the water.
Acts 1972, No. 538, §1; Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §§1, 2, eff. Jan. 1, 1988; Redesignated from R.S. 40:1141 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.3. Classification of water and sewerage facilities

RS 40:1281.3 - Classification of water and sewerage facilities
Within one hundred twenty days of adoption of this Subpart*, the state health officer will classify all water production facilities, water treatment plants, water distribution systems, sewage collection systems, and sewage treatment plants actually used or intended for use by the public with due regard to the size, type, character of water or wastewater to be treated, and other physical conditions affecting such treatment plants and collection or distribution systems and prescribe the skill, knowledge, and experience that the operator in charge must have to supervise successfully the operation of the facilities so as to protect the public health, prevent unlawful pollution, and protect the water resources of the state.
Acts 1972, No. 538, §3; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from R.S. 40:1143 by HCR 84 of 2015 R.S.
*AS APPEARS IN ENROLLED ACT.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.4. Responsibility for operator certification

RS 40:1281.4 - Responsibility for operator certification
The state health officer shall upon recommendations of the committee certify persons as to their qualifications to supervise successfully the operation of such water supply and sewerage systems.
Acts 1972, No. 538, §4; Redesignated from R.S. 40:1144 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.5. Operator certificates; display; renewal; revocation; termination

RS 40:1281.5 - Operator certificates; display; renewal; revocation; termination
A. The state health officer shall issue certificates attesting to the competency of operators based on the recommendations of the committee of certification. The certificate shall indicate the classification of works which the operator is qualified to supervise.
B. Certificates shall be prominently displayed in the office of the operator.
C. Certificates shall continue in effect as long as renewal fees are paid and minimum standards maintained, unless suspended or revoked by the state health officer upon due notice and after hearing by and upon recommendation of the committee.
D. The state health officer may revoke the certificate of an operator, following a hearing by and upon recommendation of the committee when it is found that the operator has practiced fraud, or deception; that reasonable care, judgment or the application of his knowledge or ability was not used in the performance of his duties; or that the operator is incompetent or unable properly to perform his duties.
E. The certificates of operators who terminate their employment at a treatment plant or water distribution system will remain valid for two years. After two years, the certificate will be automatically invalidated. Operators whose certificates are invalidated under this section may be issued new certificates of a like classification provided appropriate proof of competency is presented to the committee. Successful completion of an examination may be required at the discretion of the committee.
Acts 1972, No. 538, §5; Redesignated from R.S. 40:1145 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.6. Qualification by reciprocity

RS 40:1281.6 - Qualification by reciprocity
The state health officer, upon application therefor and recommendation of the committee may issue a certificate, without examination, in a comparable classification to any person who holds a certificate in any state, territory or possession of the United States or any country providing the requirements for certification of operators under which the person's certificate was issued do not conflict with the provisions of this Subpart and are of a standard not lower than that specified by regulations adopted under this Subpart and providing further that reciprocal privileges are granted by said state, territory, or possession to certified operators of this state.
Acts 1972, No. 538, §6; Redesignated from R.S. 40:1146 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.7. Certification of present practitioners; temporary certification

RS 40:1281.7 - Certification of present practitioners; temporary certification
A. Certificates in appropriate classification will be issued to operators, who on the effective date of this Subpart, hold certificates of competency attained by examination under the voluntary certification program now being administered by the Louisiana Department of Health and the Louisiana Conference on Water Supply, Sewerage, and Industrial Wastes, upon application to the committee within eighteen months after the effective date of this Subpart and payment of the certification fees prescribed by the committee.
B. All operators employed in charge of water supply or sewerage systems on the effective date of this Subpart*, and who do not hold voluntary or other qualifying certificates, and who apply to the committee within twelve months of the effective date of this Subpart* and pay the prescribed certificate fees, shall be granted an operator's limited certificate, which shall be valid only for the system in which the operator is employed and for the conditions of operation and duties involved on the effective date of this Subpart*. Limited certificates shall be renewable upon application, provided the requirements for renewal without reexamination for certificate of even grade are satisfied. Persons granted limited certificates and renewals of limited certificates shall pay the same fees as are fixed for regular certificates of like grade.
C. Any person appointed to replace or succeed a water supply system or sewage system operator after the effective date of this Subpart may be issued a temporary certificate upon application to the committee and payment of the same fees as are specified for limited certificates. Any such person shall be required to obtain a regular certificate of the class commensurate with his duties within a period of twenty four months after the date on which a temporary certificate is issued.
Acts 1972, No. 538, §7, eff. July 26, 1972, at 12 o'clock noon. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from R.S. 40:1147 by HCR 84 of 2015 R.S.
*AS APPEARS IN ENROLLED ACT.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.8. Rulemaking authority

RS 40:1281.8 - Rulemaking authority
The secretary of the Louisiana Department of Health, in accordance with any other appropriate state law, shall make such rules and regulations as are necessary to carry out the intent of this Subpart. The rules and regulations shall include, but not be limited to, provisions establishing the bases for classification of water production facilities, water treatment plants, water distribution systems, sewage collection systems, and sewage treatment plants, and prescribing the skill, knowledge, and experience that the operator in charge must have to supervise successfully the operation of such facilities, and such other provisions as may be necessary for the administration of this Subpart.
Acts 1972, No. 538, §8. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1986, No. 983, §1, eff. Jan. 1, 1988; Redesignated from R.S. 40:1148 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.9. Certified operator required; exceptions

RS 40:1281.9 - Certified operator required; exceptions
A. On or after one year following the effective date of this Subpart, it shall be unlawful for any person, firm, or corporation, both municipal and private, operating a water supply system or sewerage system to operate same unless the competency of the operator is duly certified to by the state health officer under the provisions of this Subpart. Furthermore, it shall be unlawful for any person to perform the duties of an operator, as defined herein, without being duly certified under the provisions of this Subpart.
B. Surface water systems shall have a certified operator present at all times while the treatment facility is in operation.
C. The requirements of Subsection B of this Section shall not apply to systems which serve less than ten thousand persons and which utilize automated operation systems which monitor system operation, record all required readings, notify the operator in the event of a system upset or failure, and allow the operator to remotely control or shut down the system.
D. The requirements of this Section shall not apply to municipal and public works contractors and other related classifications of contractor properly licensed by the Louisiana State Licensing Board for Contractors who construct water, sewer, or drainage line work. Such contractor shall not be required by any public entity to apply for or maintain a Class IV Certified Water System Operator Certificate or Wastewater Collection Operator Certificate as a condition of bidding, obtaining permits, or constructing water, sewer, or drainage line work.
E. The Sewerage and Water Board of New Orleans shall be allowed to require their municipal and public works contractors and other related classifications of contractors properly licensed by the Louisiana State Licensing Board of Contractors who construct, install or repair water, sewer or drainage line work to successfully complete a course provided and approved by the Sewerage and Water Board of New Orleans or the Louisiana Department of Health, which includes, but is not limited to all of the following:
(1) The practices involved in the installation and the rehabilitation of the wastewater collection system including gravity sewers, sewer service lines, sewer force mains and manholes.
(2) Water distribution system including valves, a network of pipes, water service lines, meters and fire hydrants.
Acts 1972, No. 538, §9; Acts 2005, No. 236, §1; Acts 2008, No. 112, §1; Acts 2008, No. 421, §1, eff. June 21, 2008; Acts 2008, No. 551, §1, eff. June 30, 2008; Redesignated from R.S. 40:1149 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.10. Penalties

RS 40:1281.10 - Penalties
Whoever violates any provision of this Subpart shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of one hundred dollars or by imprisonment in the parish jail for not more than ten days, or by both fine and imprisonment, and each day of operation in violation of this Subpart shall constitute a separate offense.
Acts 1972, No. 538, §10; Redesignated from R.S. 40:1150 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.11. Exemptions, exceptions, and exclusions

RS 40:1281.11 - Exemptions, exceptions, and exclusions
The secretary shall provide by rule promulgated in accordance with the provisions of the Administrative Procedure Act for exemptions from the application of this Subpart relative to the certification of water supply and sewerage system operators. Such exemptions shall be authorized only if and to the extent that they are in conformity with and are required by federal guidelines pertaining to such operators.
Acts 1972, No. 538, §11; Acts 1986, No. 983, §2, eff. Jan. 1, 1988; Acts 1991, No. 279, §1; Acts 1999, No. 394, §2; Redesignated from R.S. 40:1151 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.12. Community water systems; complaint records; review of records by state health officer

RS 40:1281.12 - Community water systems; complaint records; review of records by state health officer
A.(1) Each community water system shall maintain a record of each complaint it receives by telephone, letter, or electronic mail from customers or users. The record of each complaint shall include the date the complaint was received, the service connection to which the complaint relates, the name of the customer or user making the complaint and associated contact information, and a brief description of the complaint. The log containing the record shall also include documentation of corrective actions that the community water system has implemented with respect to the matters detailed in the complaint.
(2) The community water system shall retain the complaint records required by the provisions of this Subsection for at least five years, and shall make the records available to the Louisiana Department of Health upon request and without charge.
B.(1) If the state health officer or his designee reviews a complaint record provided for in this Section and, based upon the results of the review, recommends that any board member, owner, officer, or operator of a community water system, or any combination of these personnel, undertake an appropriate training course incorporating topics concerning proper customer service, customer relations, public relations, or related matters, then the personnel identified by the state health officer or his designee shall be required to undertake such training.
(2) The training provided for in this Subsection may be delivered by the state, a contractor of the state, or a state-recognized trainer.
C. If the state health officer deems it necessary, he may require any community water system to implement a demonstrated flushing program.
D. For the purposes of this Section, "community water system" shall have the meaning ascribed in R.S. 40:5.8.
Acts 2018, No. 292, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.21. Secretary; powers; sewage discharges; certain waters

RS 40:1281.21 - Secretary; powers; sewage discharges; certain waters
A. The secretary shall establish such standards, guidelines, or criteria as he deems necessary or appropriate to prohibit, control, or abate the discharge of untreated or improperly treated sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, and their drainage basins, and into all estuaries, streams, canals, and water courses within the state which empty into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage basins. However, the secretary may not authorize any such discharges into the Mississippi River.
B. The secretary shall ascertain and determine the sufficiency of the sewage treatment of commercial and residential dwellings, including camps, which drain or empty into any of the waters described in Subsection A of this Section.
C. The secretary shall adopt and promulgate rules and regulations consistent with the general intent and purposes of this Subpart, in accordance with the Administrative Procedure Act, to prevent water pollution of any of the waters described in Subsection A of this Section, from untreated or improperly treated sewage, notwithstanding any other provision of law establishing any special sewage or water districts or commissions.
Acts 1991, No. 300, §1; Acts 1993, No. 681, §1; Acts 1999, No. 289, §§1, 2; Redesignated from R.S. 40:1152 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.22. Sewage discharges; prohibitions; penalties

RS 40:1281.22 - Sewage discharges; prohibitions; penalties
A. No person shall cause or allow to be discharged untreated or improperly treated sewage into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage basins, and into all estuaries, streams, and water courses within the state which empty or drain into Lake Pontchartrain, Toledo Bend Reservoir, the Sabine River, or their drainage basins, in contravention of any of the rules or regulations authorized and adopted pursuant to R.S. 40:1281.21.
B.(1) When an inspection discloses a violation of this Section, the state health officer or his duly authorized representative shall notify the responsible party of the violation and give them an opportunity to correct the noted deficiencies. If upon reinspection, the violation is noted to still exist, the state health officer is hereby authorized, in accordance with the Administrative Procedure Act, to issue a civil compliance order directing the responsible party to correct the violations noted and/or impose a fine of one hundred dollars per day for each day the violation has not been corrected, not to exceed ten thousand dollars. If a fine is imposed, the fine shall commence on the day following the date specified for compliance in the civil compliance order issued by the state health officer.
(2) All fines imposed under this Section shall be payable to the office of public health of the Louisiana Department of Health.
(3) In accordance with the Administrative Procedure Act, the aggrieved party, following a hearing and orders issued pursuant thereto, may petition a district court for judicial review of the administrative proceeding.
(4) If a civil action is necessary to recover fines imposed in this Section, the offender shall be liable for the amount of the fine, legal interest from the date of assessment, and all costs of recovery, including reasonable attorney fees and court costs. It shall be the duty of the Bureau of Legal Services of the Louisiana Department of Health to initiate all civil action in recovering said fines.
Acts 1991, No. 300, §1; Acts 1993, No. 681, §1; Acts 1999, No. 289, §2; Redesignated from R.S. 40:1153 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.23. Sewage treatment systems; effluent limiters or reducers; disinfectants

RS 40:1281.23 - Sewage treatment systems; effluent limiters or reducers; disinfectants
A. All new and reconditioned sewage treatment systems with a capacity up to and including one thousand five hundred gallons per day that produce an effluent and, by design, do not significantly limit or reduce the amount of offsite effluent, shall include an effluent limiter or reducer approved by the Louisiana Department of Health.
B. All new and reconditioned sewage treatment systems with a capacity up to and including one thousand five hundred gallons per day that produce an effluent shall have a means of or device for disinfecting such effluent, approved by the Louisiana Department of Health. Such disinfection systems shall be exempt from any requirements for minimum contact chamber volumes unless the addition of formal disinfection is specifically required as part of a permit issued by the Louisiana Department of Health or the Department of Environmental Quality.
Acts 1995, No. 505, §1, eff. June 18, 1995; Acts 1999, No. 289, §3; Acts 2001, No. 821, §1; Redesignated from R.S. 40:1154 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.24. Approval of individual sewage treatment and disposal systems

RS 40:1281.24 - Approval of individual sewage treatment and disposal systems
No parish, municipality, or planning commission shall enact a sewerage permit ordinance or similar regulation authorizing the installation of individual sewage treatment and disposal systems without written approval by the office of public health of the Louisiana Department of Health.
Acts 1985, No. 569, §2, eff. July 12, 1985; Acts 1999, No. 289, §4; Acts 2013, No. 220, §17, eff. June 11, 2013; Redesignated from R.S. 40:1155 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1281.25. Installation and maintenance of individual aerobic sewage treatment systems by homeowners; waiver of fees

RS 40:1281.25 - Installation and maintenance of individual aerobic sewage treatment systems by homeowners; waiver of fees
A. A homeowner who wishes to perform the installation of an individual aerobic sewage treatment system in his own home himself may do so only after satisfying any installation education requirements, certification or licensure requirements, or any other requirements under rules and regulations promulgated by the Louisiana Department of Health on that subject. However, if a homeowner does so wish to become certified to safely install an individual aerobic sewage treatment system in his own home, the department shall waive any and all fees usually charged commercial installers of such systems.
B. A homeowner who wishes to perform maintenance of his own individual aerobic sewage treatment system which services his home, after completing the department's homeowner maintenance certification program and license requirements, shall be exempt from the requirement of obtaining an endorsement from the manufacturer for the brand of plant the homeowner wishes to maintain. However, nothing in this Section shall be construed to exempt the homeowner from the requirement to install appropriate, approved replacement components when such are required to maintain the performance of the system. A homeowner who maintains his own aerobic sewage treatment system shall be responsible for the system's proper operation.
Acts 1999, No. 289, §1; Acts 2003, No. 8, §1; Redesignated from R.S. 40:1156 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1283.1. Purpose

RS 40:1283.1 - Purpose
A. It is the intent of the legislature to establish an Environmental Health Surveillance System (EHSS) in accordance with this Part. The purpose of the EHSS shall be to establish ongoing surveillance of the environmental factors, including physical, chemical, biological, and social factors and diseases affecting the citizens of this state, with a focus on disease trends and research. The Board of Regents is hereby requested to cooperate with the division and the office in establishing the EHSS.
B. The objectives of the EHSS are as follows:
(1) To track and evaluate environmental factors, including physical, chemical, biological, and social factors, that may play a role in the development of certain chronic diseases.
(2) To develop data in a standardized format for optimal use with other public health databases and to allow government, university, and public health officials to develop hypotheses for research on the potential impact of environmental factors on chronic diseases.
(3) To provide information to the Louisiana Department of Health, the Department of Environmental Quality, or any other relevant public or private entity for the development of appropriate preventive strategies.
Acts 2003, No. 666, §1; Redesignated from R.S. 40:1300.171 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.1. Establishment of lead poisoning prevention program

RS 40:1285.1 - Establishment of lead poisoning prevention program
The Louisiana Department of Health shall establish a program for the prevention, screening, diagnosis, and treatment of lead poisoning in its office of public health. This program shall, to the extent permitted by appropriations, provide for the prevention of lead poisoning through public and professional education; shall ensure the availability of screening, diagnosis, and treatment relative to lead poisoning of children under the age of six years and persons deemed at risk by the state health officer; and shall advocate for the abatement of sources of lead when appropriate. The program shall not apply to those persons having religious objections to the examination. The office of public health shall promulgate rules and regulations to implement this program.
Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.21 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.2. Collaboration with other organizations

RS 40:1285.2 - Collaboration with other organizations
The state health officer or his designee may contract with a public agency or a university or collaborate with any agencies, individuals, or groups for the provision of necessary services, the development of educational programs, scientific research, and detection and abatement of sources of lead poisoning, subject to appropriations, and shall promulgate and from time to time amend such rules and regulations as may be necessary.
Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.22 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.3. Mandatory reporting of lead poisoning cases required; comprehensive records

RS 40:1285.3 - Mandatory reporting of lead poisoning cases required; comprehensive records
A. Any local health officer, health unit supervisor, examining physician, hospital, public health nurse, or reporting person shall report to the state health officer or his designee the existence and circumstances of each case of lead poisoning known to him and not previously reported. Such reports shall be made on forms prescribed by the state health officer or his designee. The state health officer shall by regulation, and in accordance with current technical knowledge and guidelines of the United States Centers for Disease Control and Prevention, United States Environmental Protection Agency, and United States Department of Housing and Urban Development, define the terms "lead poisoning" and "previously reported" and what constitutes hazardous lead conditions in the environment.
B. When the state health officer or his designee is informed of a case of lead poisoning pursuant to Subsection A of this Section or otherwise, he shall strongly encourage the examination of all other children under the age of six years, and all other persons deemed at risk by the state health officer or his designee, residing or recently residing in the household of the person with lead poisoning. The results of such examinations shall be reported to the persons or agency reporting the original case pursuant to Subsection A of this Section, and to such other persons or agencies as the state health officer or his designee deems advisable.
Acts 1995, No. 874, §1, eff. June 28, 1995; Redesignated from R.S. 40:1299.23 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.5. Designation of high-risk areas

RS 40:1285.5 - Designation of high-risk areas
The Louisiana Department of Health, after consultation with representatives from the state's medical schools and analysis of childhood blood lead surveillance, housing, and Medicaid data, shall identify geographic areas in the state and establish those areas as high-risk for lead poisoning. Based upon the analysis of data by the Louisiana Department of Health, blood lead screening of children of certain ages residing in these identified areas shall be mandated by rules adopted in accordance with the Administrative Procedure Act. The office of public health shall promulgate rules and regulations to implement the specific policies and procedures for mandated childhood blood lead screening.
Acts 2004, No. 893, §1; Redesignated from R.S. 40:1299.25 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.6. Sale and use of lead-based paint and other similar lead-based surface coating material restricted; penalties

RS 40:1285.6 - Sale and use of lead-based paint and other similar lead-based surface coating material restricted; penalties
A. No person shall knowingly sell, offer for sale, apply or cause to be applied lead-based paint or similar surface coating material, manufactured after the effective date of this Section, intended for use of the following surfaces or articles:
(1) Interior surfaces of any dwelling,
(2) Exterior surfaces of any dwelling such as window sills, porches, stairs or railings, to which children under six years of age may be commonly exposed,
(3) Toys or other articles intended for use by children,
(4) Residential furniture and fixtures that can be readily chewed by children, and
(5) Cooking, eating and drinking utensils.
B.(1) No person shall knowingly sell or offer for sale any other lead-based paint or similar surface coating material that may be purchased by the general public unless the container is clearly labeled as to its intended use and bears on the principal display panel the word "WARNING" and the following statement: "Contains lead. Dried film of this paint may be harmful if eaten or chewed."
(2) The following cautionary statement, or its practical equivalent, shall be placed on the label but need not be part of the warning statement on the principal display panel:
"Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling. Do not apply on those exterior surfaces of any dwelling, such as window sills, porches, stairs, or railings, to which children may be commonly exposed. Keep Out Of The Reach of Children."
(3) The type size of this labeling shall be in accordance with the requirements for precautionary labeling under the Federal Hazardous Substances Act, 15 U.S.C. §1260 (1970).
C. No person shall knowingly sell, expose for sale, deliver, give away or possess with intent to sell, deliver or give away, any toy or other article intended for use by children, residential furniture, cooking, drinking or eating utensil manufactured after January 1, 1973 to which any lead-based paint or similar surface coating material has been applied.
D. Any paint or other similar surface coating material shall be deemed to be lead-based when it contains lead compounds in excess of the Federal standard for lead content in residential paints established under Federal laws and regulations.
E. Any person who violates the provisions of this Section shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each violation. Any person who willfully violates the provisions of this Section shall be punished by imprisonment for not more than three months for each violation.
F. Any article of personal property in violation of this Section may be embargoed by the state health officer.
G. This Section shall become effective on January 1, 1973.
Added by Acts 1972, Ex.Sess., No. 16, §2. Acts 1988, No. 626, §1; Redesignated from R.S. 40:1299.26 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.7. Safety precautions; procedures for removal and repainting

RS 40:1285.7 - Safety precautions; procedures for removal and repainting
A. Whenever a child or children under six years of age or person with an intellectual disability resides in any residential premises in which any paint, plaster, or other accessible materials contain dangerous levels of lead as defined pursuant to the provisions of this Part, after notification by the state health officer or his representative, the owner shall remove or cover said paint, plaster, or other material so as to make it inaccessible to children under six years of age or persons with intellectual disabilities. Whenever any such residential premises containing said dangerous levels of lead undergoes a change of ownership and as a result thereof, a child under six years of age or a person with an intellectual disability will become a resident therein, the new owner shall remove or cover said paint, plaster, or other material so as to make it inaccessible to such child or person.
B. Repainting with nonlead based paint, without removal of the offending paint, plaster, or other material shall not constitute compliance with this Section. Such removal or covering shall be performed as follows:
(1) All peeling paint, plaster or other material, on both interior and exterior surfaces and fixtures, shall be removed or adequately covered.
(2) Paint, plaster, or other material that is not peeling shall be removed or covered on window sills; door frames; windows, including mullions; stair rail spindles; stair treads; doors; stair rails; porch railings, and all other exterior and interior surfaces or fixtures that may be readily chewed by children or persons with intellectual disabilities.
C. This duty shall apply to every owner of residential premises whenever a child under six years of age or a person with an intellectual disability resides therein or whenever such premises undergoes a change of ownership and as a result thereof a child under six years of age or person with an intellectual disability shall reside therein, whether or not his premises have been inspected pursuant to R.S. 40:1285.4 or otherwise. The provisions of this Section shall be strictly construed and enforced so as to best protect the safety of residents of such dwellings.
D. Every owner of residential premises who violates the provisions of this Section shall commence correction of the condition constituting the violation within fifteen days after notification of the violation, which project shall be completed within thirty days.
Added by Acts 1972, No. 371, §1. Acts 1988, No. 626, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.27 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.9. Violations; enforcement

RS 40:1285.9 - Violations; enforcement
A. Any violation of R.S. 40:1285.6, 1285.7, or 1285.8 may be treated by any party as a violation of the state, municipal, or parochial health codes and all procedures and remedies applicable to such violations of the codes shall be available to correct, deter, or punish violations of the provisions. The district and appellate courts shall have jurisdiction to enforce the provisions to the same extent that the courts have jurisdiction to enforce the codes.
B. All local health officers, health unit supervisors, or other code enforcement agencies shall enforce R.S. 40:1285.6, 1285.7, and 1285.8 in the same manner and with the same authority as they may enforce the health code.
C. The state health officer shall have concurrent responsibility and authority to enforce R.S. 40:1285.6, 1285.7, and 1285.8 and in so doing shall have available to him all powers and authority which shall be available to local health officers and health unit supervisors. The state health officer's responsibility with respect to objects sold or placed into commerce in violation of R.S. 40:1285.8 is limited to those instances where the state officer or his personnel are notified of such violation.
D. Violations of R.S. 40:1285.6, 1285.7, and 1285.8 shall be treated as emergency matters, and shall be given preference by enforcing agencies and speedy hearings by district and appellate courts.
Added by Acts 1972, No. 371, §1. Acts 1988, No. 626, §1; Acts 2011, No. 362, §1, eff. Jan. 1, 2013; Redesignated from R.S. 40:1299.28 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1285.10. Liability of owners of residential property; damages

RS 40:1285.10 - Liability of owners of residential property; damages
The owner of any residential property shall be liable for all damages caused by his failure to perform the duties required of him pursuant to R.S. 40:1285.6 or R.S. 40:1285.7.
Added by Acts 1972, No. 371, §1; Redesignated from R.S. 40:1299.29 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1287.1. Equipment of steam plants in certain cities; penalty

RS 40:1287.1 - Equipment of steam plants in certain cities; penalty
A. The owner, manager, director, or agent of all steam plants located within incorporated cities of fifty thousand or more inhabitants shall provide, for the use of the steam plant, smoke consumers or other necessary appliances competent to consume not less than seventy-five percent of the smoke resulting from the burning of fuel used in providing motive power for the plant.
B. Whoever violates this Section shall, for each day the plant is operated without the required appliance, be fined twenty-five dollars or imprisoned for thirty days.
Redesignated from R.S. 40:1251 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1289.1. Legislative findings; declaration

RS 40:1289.1 - Legislative findings; declaration
A. The legislature hereby finds the following:
(1) Certain forms of mold pose a severe and unacceptable risk to the environment of Louisiana and the health of its people. Moreover, the legislature finds that indoor toxins, specifically toxic mold, represent an insufficiently understood health and environmental problem.
(2) Numerous studies indicate that adverse health effects result from mold spores, varying from cold-like symptoms to more serious symptoms, such as allergy and asthma outbreaks. Toxins in mold can have negative effects on humans when ingested, inhaled, or when they come in contact with the skin. These effects can have serious health consequences for some population subgroups, especially infants, children, pregnant women, persons who are elderly, individuals with asthma, individuals with allergies, and individuals with compromised immune systems. Healthcare professionals now acknowledge that molds can cause allergies, trigger asthma attacks, detrimentally affect the function of vital human organs, and increase susceptibility to colds and flu.
(3) Though not all molds are toxic, there are certain dangers that molds present within buildings and structures. It is thus imperative that the toxicity of mold be determined where it is found and a corresponding plan of action be implemented to address mold-related hazards in buildings and structures within this state.
B. The legislature hereby declares that it is in the best interest of the public health, welfare, and safety to establish a task force to lead development of comprehensive policies and promote best practices concerning mitigation and remediation of toxic mold and reducing the adverse health effects caused by this unique threat to public health.
Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.411 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1289.2. Definition

RS 40:1289.2 - Definition
For purposes of this Subpart, the term "mold" means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include but are not limited to cladosporium, alternaria, aspergillus, trichoderma, memnoniella, mucor, and stachybotrys chartarum.
Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.412 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1289.3. Toxic Mold Task Force; creation; composition; meetings

RS 40:1289.3 - Toxic Mold Task Force; creation; composition; meetings
A. The legislature hereby creates within the Louisiana Department of Health the Louisiana Toxic Mold Task Force, referred to hereafter in this Subpart as the "task force", which shall be composed of the following members:
(1) One pediatric environmental health specialist appointed by the secretary of the Louisiana Department of Health.
(2) One person with expertise in toxicology appointed by the secretary of the Louisiana Department of Health.
(3) The assistant secretary of the office of public health of the Louisiana Department of Health or his designee.
(4) The chancellor of the Louisiana State University Health Sciences Center at New Orleans or his designee.
(5) The chancellor of the Louisiana State University Health Sciences Center at Shreveport or his designee.
(6) The dean of the School of Public Health and Tropical Medicine of Tulane University or his designee.
(7) One member appointed by the Louisiana State Medical Society.
(8) One member appointed by the Louisiana Primary Care Association.
(9) One member with expertise in consumer protection appointed by the Louisiana attorney general.
(10) One member appointed by the Southern University Law Center.
(11) One member appointed by the Paul M. Hebert Law Center of Louisiana State University.
(12) One member with expertise in toxic mold remediation appointed by the Louisiana State Licensing Board for Contractors.
(13) One member appointed by the Louisiana Housing Corporation.
(14) One member appointed by the Louisiana Realtors Association.
(15) One member appointed by the Louisiana Home Builders Association.
(16) One member appointed by the Apartment Association of Louisiana.
B. The secretary of the Louisiana Department of Health shall take such actions as are necessary to ensure that the initial convening of the task force occurs no later than October 1, 2020.
C. The task force members shall select a chairman annually, and he shall serve as chairman without salary.
D. Task force members shall serve without compensation, except per diem or expense reimbursement to which they may be individually entitled by their respective employer organizations.
E. The task force shall hold at least two meetings each year at a place designated by the chairman.
Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.413 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1289.4. Functions and duties of the task force; report to the governor and legislature

RS 40:1289.4 - Functions and duties of the task force; report to the governor and legislature
A. The functions of the task force shall include all of the following:
(1) Serve as an advisory body to the legislature on policies and practices that protect all people of this state, particularly tenants, consumers, and vulnerable populations, from harm related to toxic mold.
(2) Serve as a coordinating forum between and among state agencies, local governments, and nongovernmental groups on matters related to toxic mold.
(3) On a regular basis, research and review state regulations, guidelines, policies, and procedures that pertain in any way to toxic mold and make recommendations to the governor, the legislature, and the secretary of the Louisiana Department of Health as deemed necessary and appropriate by the chairman of the task force.
B. On or before January 1, 2021, and annually thereafter, the task force shall prepare and submit to the governor and the legislature a report on the status of public health risks from toxic mold in Louisiana. The annual report shall include, without limitation, all of the following:
(1) An assessment, based on scientific evidence, of the nature, scope, and magnitude of the adverse environmental and health impacts caused by toxic mold in this state.
(2) Measurement, based on scientific evidence, of the adverse health effects of exposure to molds on the general population, including specific effects on any subgroups identifiable as being at greater risk of adverse health effects when exposed to molds.
(3) Identification of actions taken by the state, local governments, and any other public or private organizations that have made a positive impact on mitigating the harm to public health of toxic mold.
(4) Identification of best practices for the control of mold in a cost-effective and environmentally sound manner.
C. The task force may request administrative and technical support from the Louisiana Department of Health, office of public health, to carry out the functions and responsibilities provided in this Section.
Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.414 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1289.5. Termination

RS 40:1289.5 - Termination
The provisions of this Subpart shall terminate on January 1, 2024.
Acts 2014, No. 258, §1; Redesignated from R.S. 40:1300.415 by HCR 84 of 2015 R.S.; Acts 2020, No. 157, §2.