reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1155.3. Louisiana Physician Order for Scope of Treatment

RS 40:1155.3 - Louisiana Physician Order for Scope of Treatment
A. The secretary of the Louisiana Department of Health is hereby authorized and directed to promulgate and publish rules, regulations, and standards, in accordance with the Administrative Procedure Act, to provide for the Louisiana Physician Order for Scope of Treatment "LaPOST" program.
B. The rules and regulations shall include the following:
(1) Promulgation of the LaPOST form.
(2) Requirements that shall be met in order for a LaPOST form to be valid, including but not limited to situations in which the personal health care representative of a patient may execute the LaPOST form.
(3) Methods for revocation.
(4) Requirements which relate to a patient's informed consent upon executing a LaPOST form.
(5) Requirements for periodic review of the LaPOST form by the patient and his physician.
C. Nothing in this Subpart shall be construed in any manner to prevent the withholding or the withdrawal of life-sustaining procedures from an adult person who is comatose, incompetent, or otherwise physically or mentally incapable of communication and has not executed a prior LaPOST form in accordance with this Subpart.
D. The Louisiana Physician Order for Scope of Treatment or LaPOST form is not a declaration concerning life-sustaining procedures and therefore shall not have to comply with the provisions of R.S. 40:1151 through 1151.9 in order to be valid and enforceable.
Acts 2010, No. 954, §1; Redesignated from R.S. 40:1299.64.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1155.4. Physician, health care provider, and licensed emergency medical services practitioner responsibility

RS 40:1155.4 - Physician, health care provider, and licensed emergency medical services practitioner responsibility
A. Any attending physician who refuses to comply with the provisions of a duly executed LaPOST form executed pursuant to this Subpart shall make a reasonable effort to transfer the patient to another physician.
B. No provision of this Subpart imposes a duty upon the physician or health care provider to make a search of whether a patient has executed a LaPOST form.
C. If the policies of a health care provider preclude compliance with the LaPOST form executed under this Subpart or preclude compliance with the provisions pertaining to a representative acting on behalf of a patient, then the health care provider shall take all reasonable steps to transfer the patient to a health care provider with which the provisions of this Subpart can be effectuated.
D. Licensed emergency medical services practitioners shall make a reasonable effort to detect the presence of an executed LaPOST form.
Acts 2010, No. 954, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.64.4 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1155.5. Immunity from liability

RS 40:1155.5 - Immunity from liability
A.(1) Any health care provider, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or withdrawal of life-sustaining procedures from a patient who has duly executed a LaPOST form in accordance with the provisions of this Subpart, or as a result of transferring a patient to a provider with which the provisions of this Subpart can be effectuated.
(2) Any person, health care provider, physician, or other person acting under the direction of a physician who authorizes the withholding or withdrawal of life-sustaining procedures in accordance with a duly executed LaPOST form, or as otherwise provided in this Subpart, shall not be subject to criminal prosecution or civil liability for such action.
(3) A duly executed LaPOST form made in accordance with this Subpart shall be presumed to have been made voluntarily.
B.(1) A licensed emergency medical services practitioner shall not be subject to criminal prosecution or civil liability for withholding life-sustaining procedures from a patient who has duly executed a LaPOST form.
(2) A licensed emergency medical services practitioner shall not be subject to criminal prosecution or civil liability for administering life-sustaining procedures to a patient who has duly executed a LaPOST form when there is no reasonable means by which the licensed emergency medical services practitioner could know or should have known that the patient had executed such LaPOST form, or as a result of transferring a patient to a provider with which the provisions of this Subpart can be effectuated.
Acts 2010, No. 954, §1; Acts 2012, No. 789, §2, eff. June 13, 2012; Redesignated from R.S. 40:1299.64.5 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1155.6. General application

RS 40:1155.6 - General application
A. Nothing in this Subpart shall be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
B.(1) The withholding or withdrawal of life-sustaining procedures from a patient who has duly executed a LaPOST form in accordance with the provisions of this Subpart shall not, for any purpose, constitute a suicide.
(2) The execution of a LaPOST form pursuant to this Subpart shall not affect the sale, procurement, or issuance of any life insurance policy, nor shall it be deemed to modify the terms of an existing policy.
(3) No policy shall be legally impaired or invalidated by the withholding or withdrawal of life-sustaining procedures from an insured who has duly executed a LaPOST form, notwithstanding any term of the policy to the contrary.
(4) A person shall not be required to execute a LaPOST form as a condition for being insured or for receiving health care services.
(5) The removal of life support systems or the failure to administer cardio-pulmonary resuscitation under this Subpart shall not be deemed the cause of death for purposes of insurance coverage or the denial of insurance coverage.
C. The provisions of this Subpart are cumulative with existing law pertaining to an individual's right to consent or refuse to consent to medical or surgical treatment.
D. It is the policy of the state of Louisiana that human life is of the highest and inestimable value through natural death. When interpreting this Subpart, any ambiguity shall be interpreted to preserve human life, including the life of an unborn child if the qualified patient is pregnant and an obstetrician who examines the woman determines that the probable postfertilization age of the unborn child is twenty or more weeks and the pregnant woman's life can reasonably be maintained in such a way as to permit the continuing development and live birth of the unborn child, and such determination is communicated to the relevant classes of family members and persons designated in R.S. 40:1151.4.
Acts 2010, No. 954, §1; Acts 2014, No. 850, §1, eff. June 23, 2014; Redesignated from R.S. 40:1299.64.6 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1156. Redesignated to R.S. 40:1281.25 by HCR 84 of 2015 R.S.

RS 40:1156 - Redesignated to R.S. 40:1281.25 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1156.1. Voluntary nonopioid directive; form; immunity

RS 40:1156.1 - Voluntary nonopioid directive; form; immunity
A. The Louisiana Department of Health, in consultation with the office of behavioral health, shall establish a voluntary nonopioid directive form and shall publish the form prominently on the department's website for public use.
B. A patient may execute and file a voluntary nonopioid directive form with a prescribing practitioner when the patient does not wish to be issued a prescription or medication order for an opioid. Upon receipt of a voluntary nonopioid directive form, a prescribing practitioner shall date and affix his signature to the form in the presence of the patient as evidence of acceptance, document the receipt in the patient's medical record, and provide a signed copy of the form to the patient.
C. The voluntary nonopioid directive form established by the department shall allow a patient or when the patient is unable to consent for himself, any person duly authorized and empowered to provide medical consent for the patient under the provisions of R.S. 40:1151.4, to revoke the directive, orally or in writing, for any reason, at any time.
D. An electronically transmitted prescription to a pharmacy shall be presumed to be valid for the purposes of this Section, and a pharmacist shall not be held in violation of this Section for dispensing a controlled substance in contradiction to a voluntary nonopioid form.
E. No prescribing practitioner who has signed and executed a nonopioid directive form with a patient acting with reasonable care shall be liable for damages in a civil action or subject to criminal prosecution or be deemed to have violated the standard of care for such prescribing practitioner for refusing to issue a prescription or medication order for an opioid pursuant to a voluntary nonopioid directive form.
F. No person acting in good faith as a duly authorized guardian or healthcare representative pursuant to Subsection C of this Section shall be liable for damages in a civil action or subject to criminal prosecution for revoking or overriding a voluntary nonopioid directive form.
G. No prescribing practitioner shall be liable for damages in a civil action, subject to criminal prosecution, or deemed to have violated the standard of care for a prescribing practitioner's profession for issuing a prescription for or administering a controlled substance containing an opioid to a patient when the patient and the prescribing practitioner have not executed and filed a voluntary nonopioid directive form under the provisions of this Subpart.
H. A prescribing practitioner who willfully fails to comply with a patient's voluntary nonopioid directive form may be subject to disciplinary action pursuant to rules promulgated by his health profession licensing board.
Acts 2018, No. 28, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1159.1. Short title

RS 40:1159.1 - Short title
This Subpart shall be known as and may be cited as the "Louisiana Medical Consent Law."
Added by Acts 1975, No. 798, §1; Redesignated from R.S. 40:1299.50 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1159.2. Subpart not applicable to abortion and sterilization

RS 40:1159.2 - Subpart not applicable to abortion and sterilization
The provisions of this Subpart shall not apply in any manner whatsoever to the subjects of abortion and sterilization, which subjects shall continue to be governed by existing law independently of the terms and provisions of this Subpart.
Added by Acts 1975, No. 798, §1; Redesignated from R.S. 40:1299.51 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1159.3. Subpart not applicable to care and treatment of persons with mental illness; exception

RS 40:1159.3 - Subpart not applicable to care and treatment of persons with mental illness; exception
Except as provided in R.S. 40:1159.9, the provisions of this Subpart shall not apply to the care and treatment of persons with mental illness, which subject shall continue to be governed by existing law independently of the terms and provisions of this Subpart.
Added by Acts 1975, No. 798, §1. Amended by Acts 1978, No. 607, §1; Acts 2014, No. 811, §22, eff. June 23, 2014; Redesignated from R.S. 40:1299.52 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1159.5. Emergencies

RS 40:1159.5 - Emergencies
A. In addition to any other instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a duly licensed physician will be implied where an emergency exists. For the purposes hereof, an emergency is defined as a situation wherein: (1) in competent medical judgment, the proposed surgical or medical treatment or procedures are reasonably necessary; and (2) a person authorized to consent under R.S. 40:1159.4 is not readily available, and any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected, or could reasonably result in disfigurement or impair faculties.
B. For purposes of this Section, an emergency is also defined as a situation wherein: (1) a person transported to a hospital from a licensed health care facility is not in a condition to give consent; (2) a person authorized to give consent under R.S. 40:1159.4 is not readily available; and (3) any delay would be injurious to the health and well being of such person.
Added by Acts 1975, No. 798, §1. Amended by Acts 1982, No. 449, §1; Redesignated from R.S. 40:1299.54 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1159.6. Construction of Subpart; general application

RS 40:1159.6 - Construction of Subpart; general application
A. The provisions of this Subpart shall be liberally construed, and all relationships set forth herein shall include the marital, adoptive, foster and step-relations as well as the natural whole blood. A consent by one person so authorized and empowered shall be sufficient. Any person acting in good faith shall be justified in relying on the representations of any person purporting to give such a consent, including but not limited to his identity, his age, his marital status, his emancipation, and his relationship to any other person for whom the consent is purportedly given.
B. Nothing in this Subpart shall be construed to condone, authorize, or approve assistance to suicide, mercy killing, or euthanasia.
Added by Acts 1975, No. 798, §1; Acts 2012, No. 715, §1; Redesignated from R.S. 40:1299.55 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1159.7. Right of adult to refuse treatment as to his own person not abridged

§1159.7. Right of adult to refuse treatment as to his own person not abridged
Nothing contained herein shall be construed to abridge any right of a person eighteen years of age or over to refuse to consent to medical or surgical treatment as to his own person.
Added by Acts 1975, No. 798, §1; Redesignated from R.S. 40:1299.56 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1159.8. Consent to medical arbitration agreements

RS 40:1159.8 - Consent to medical arbitration agreements
The persons authorized and empowered in R.S. 40:1159.4 (A) and (B) to consent to surgical or medical treatment or procedures for others as provided therein are also authorized and empowered, for and on behalf of such others, and without court approval, to enter into binding medical arbitration agreements.
Added by Acts 1976, No. 269, §1; Redesignated from R.S. 40:1299.57 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1160.2. Definitions

RS 40:1160.2 - Definitions
As used in this Subpart, the following terms have the meanings ascribed to them unless otherwise provided for or unless the context otherwise indicates:
(1) "Anesthesia" means a drug-induced loss of consciousness, by use of any anesthetic induction agent or otherwise, during which patients are not arousable even by painful stimulation, as defined by the Louisiana State Board of Medical Examiners.
(2) "Examination" means a pelvic or rectal examination.
(3) "Healthcare provider" means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law.
(4) "Learner" means any person enrolled in a medical, nursing, or allied health education program. "Learner" shall also mean a medical resident, intern, or student undergoing a course of instruction or participating in a clinical training or residency program.
(5) "Patient" means a person who receives or has received medical treatment or services from an individual or institution licensed to provide medical treatment in this state.
(6) "Pelvic examination" means the physical examination of an individual's reproductive organs.
(7) "Personal healthcare representative" has the meaning as ascribed in R.S. 40:1155.2.
(8) "Rectal examination" means an examination relating to or affecting the rectum.
(9) "Teaching purposes" means a nondiagnostic or nontherapeutic examination that is solely for the education of the learner.
Acts 2020, No. 269, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1160.3. Consent to medical examinations; anesthetized patients; penalties

RS 40:1160.3 - Consent to medical examinations; anesthetized patients; penalties
A. A healthcare provider licensed or certified to practice a profession shall not perform a pelvic or rectal examination, hereinafter referred to as "examination", on an anesthetized or unconscious patient unless at least one of the following conditions is met:
(1) The patient or the personal healthcare representative provides written consent to the examination, and the examination is necessary for instructional, preventive, diagnostic, or treatment purposes.
(2) The patient or the personal healthcare representative has provided informed consent to a surgical procedure or examination to be performed on the patient, and the performance of an examination is within the scope of care ordered for the surgical procedure or examination.
(3)(a) The patient is unconscious and incapable of providing consent, and the examination is medically necessary.
(b) A healthcare provider who performs an examination pursuant to this Paragraph shall inform the patient that an additional examination was performed and the nature of the examination. The healthcare provider shall notify the patient of the examination at a reasonable time before the patient is discharged from his care.
B. Any violation of the provisions of this Section may constitute grounds for adverse licensure action by the applicable professional licensing board exercising jurisdiction over the healthcare provider.
Acts 2020, No. 269, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1160.4. Requirement for examinations performed by learners

RS 40:1160.4 - Requirement for examinations performed by learners
A. Learners in a clinical setting, including but not limited to an operating room, when the patient is under general anesthesia, shall perform an examination for teaching purposes only when all of the following conditions are met:
(1) The examination is explicitly consented to by the patient.
(2) The examination is medically related to the planned or performed procedure.
(3) The examination is performed by a learner who has been recognized by the patient as a part of his care team.
(4) The examination is conducted under direct supervision by the educator.
B. Any violation of the provisions of this Section may constitute grounds for adverse action by the medical educational program for any learner and may constitute grounds for adverse licensure action by the appropriate professional licensing board for any licensed individual.
Acts 2020, No. 269, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1163.1. Electronic health care transactions; electronic signature authentication and identification system

RS 40:1163.1 - Electronic health care transactions; electronic signature authentication and identification system
A. As used in this Section, the following terms shall have the following meanings:
(1) "Authorization" means a consent, an approval, or an authorization between persons.
(2) "Electronic signature authentication and identification" means the process of authenticating identification using a system of form, location, and endorsement pursuant to Subsections B and C of this Section.
B. Electronic signature authentication and identification may be used for an individual who participates in agreements, authorizations, contracts, records, or other transactions that involve individually identifiable health information, including medical records and recordkeeping, transfer of medical records, medical billing, health care proxies, health care directives, consent to medical treatment, medical research, and organ and tissue donation or procurement.
C. Electronic signature authentication and identification pursuant to Subsection B of this Section may be implemented by an interactive system of security procedures that include any of the following:
(1) A tamper-proof electric appliance that receives input of unique identification numbers, unique biometric identifiers, or location devices.
(2) A computerized authentication process for biometric identifiers that is linked to the appropriate identification numbers upon receipt of the identifiers.
(3) Transmission of verification of the identifiers to a securely maintained electronic repository.
D. The provisions of this Section shall not be construed to supersede or preempt applicable state and federal law, including the Louisiana Uniform Electronic Transactions Act, as established in R.S. 9:2601 et seq., the Health Insurance Portability and Accountability Act of 1996 and associated regulations, and 21 CFR Part 11.
Acts 2008, No. 738, §1, eff. July 3, 2008; Redesignated from R.S. 40:1299.40.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1165.3. Contact lens prescription; contents; expiration; restrictions on filling; release; penalties

RS 40:1165.3 - Contact lens prescription; contents; expiration; restrictions on filling; release; penalties
A. Every contact lens prescription written by a licensed physician or licensed optometrist for use in correcting errors of refraction and restoring, as near as possible, normal human vision shall be signed by the physician or optometrist and shall contain information specifying the physical design, material type, curvatures, diameters, pertinent measurements, and refractive power and an expiration date not to exceed eighteen months.
B. No owner, employer, or agent of any business establishment that buys, sells, offers to sell, dispenses, or gives away prescription contact lenses may fill a contact lens prescription unless the information provided in Subsection A of this Section is included on the prescription or after the expiration date of the prescription.
C. No person other than the prescribing physician, optometrist, or his designated employee may release to a patient a copy of his contact lens prescription. However, no such physician, optometrist, or his designated employee may deny, withhold, attempt to deny or withhold, or refuse to release to any patient his prescription, or a copy of his prescription, if requested by the patient.
D. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars. For each subsequent offense, the violator shall be fined not more than one thousand dollars.
E. For purposes of this Section, a spectacle prescription shall not be construed to be or substituted for a contact lens prescription.
Acts 1995, No. 949, §1; Redesignated from R.S. 40:1299.97 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1167.1. Short title

RS 40:1167.1 - Short title
This Subpart shall be known as and may be cited as the "Electronic Health Records Loan Program".
Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1167.3. Definitions

RS 40:1167.3 - Definitions
As used in this Subpart, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Certified EHR technology" means a qualified electronic health record (as defined in Section 3000(13) of the Public Health Service Act) that is certified pursuant to Section 3001(c)(5) of such Act as meeting standards adopted under Section 3004 of such Act that are applicable to the type of record involved.
(2) "Department" means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including, but not limited to, block grants or other funding for medical care of the poor.
(3) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2009, No. 489, §1, eff. July 1, 2009; Redesignated from R.S. 40:1299.97.3 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1168.1. Findings and purpose

RS 40:1168.1 - Findings and purpose
A. The legislature hereby finds and declares that, while specific definitions of the term vary, "evidence-based medicine" refers to the practice of medicine based upon evidence derived from research and in a manner in which the physician bases clinical decisions upon such evidence.
B. The purpose of this Subpart is to promote the practice of evidence-based medicine in Louisiana through the creation of a system which facilitates the collection and analysis of information on health effects, events, and outcomes associated with the use of medical marijuana by patients in this state.
Acts 2019, No. 207, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1168.2. Definitions

RS 40:1168.2 - Definitions
For purposes of this Subpart, the following terms have the meaning ascribed to them in this Section:
(1) "Adverse event" means any incident relating to the use of a drug prescribed or recommended to a patient that may result in serious harm or injury to the patient or in the patient's death.
(2) "Authorized clinician" means all of the following licensed health professionals authorized pursuant to R.S. 40:1046 to recommend medical marijuana to patients:
(a) Any physician licensed by and in good standing with the Louisiana State Board of Medical Examiners to practice medicine in this state.
(b) Any nurse practitioner licensed by and in good standing with the Louisiana State Board of Nursing to practice advanced practice registered nursing in this state and who has prescriptive authority conferred by the Louisiana State Board of Nursing.
(c) Any medical psychologist licensed by and in good standing with the Louisiana State Board of Medical Examiners to practice medical psychology in this state.
(3) "Board" means the Louisiana State Board of Medical Examiners.
(4) "Data system" means the system authorized and provided for in R.S. 40:1168.3.
(5) "Medical marijuana" means the therapeutic substance produced under the authority of and in accordance with R.S. 40:1046.
Acts 2019, No. 207, §1; Acts 2022, No. 444, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1168.3. Data system; components; reporting; design in collaboration with certain higher education institutions; public records exception

RS 40:1168.3 - Data system; components; reporting; design in collaboration with certain higher education institutions; public records exception
A. The board may create and maintain an electronic system for the collection and analysis of clinical information associated with the use of medical marijuana by patients. The system shall include, at minimum, the following components:
(1)(a) A component for the collection of data concerning adverse events experienced by patients which are associated with the use of medical marijuana.
(b) The board shall design and administer the data system such that any of the following persons may report an adverse event:
(i) The patient.
(ii) A family member of the patient.
(iii) An authorized clinician who prescribes or recommends medical marijuana to a patient.
(iv) Any physician, medical psychologist, or advanced practice registered nurse who treats a patient other than an authorized clinician who prescribes or recommends medical marijuana to the patient.
(2)(a) A component for the collection of data concerning health outcomes other than adverse events experienced by patients that are associated with the use of medical marijuana.
(b) The board shall design and administer the data system such that reporting of health outcomes is limited to authorized clinicians exclusively.
B. The board shall collaborate with the following institutions in designing and implementing the data system:
(1) The medical school of the Louisiana State University Health Sciences Center at New Orleans.
(2) The medical school of the Louisiana State University Health Sciences Center at Shreveport.
(3) The Tulane University School of Medicine.
(4) The Pennington Biomedical Research Center.
(5) The College of Nursing and Allied Health at Southern University and Agricultural and Mechanical College.
(6) The Xavier University of Louisiana College of Pharmacy.
C. Except in cases of disclosure of data authorized by R.S. 40:1168.4(B), all data in the data system shall be confidential and shall not be available for subpoena, nor shall such information be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. The data maintained in the data system shall not be subject to any public records request nor shall any such data be considered as a public record pursuant to R.S. 44:1 et seq.
Acts 2019, No. 207, §1; Acts 2022, No. 271, §4; Acts 2022, No. 444, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1168.4. Protection of health information; limitations on data use

RS 40:1168.4 - Protection of health information; limitations on data use
A. The board shall maintain the data system in a secure environment which complies, at minimum, with all applicable federal laws and regulations providing for the protection of health information.
B.(1) The board may authorize and facilitate access to data in the system to an outside party only if that party seeks the data for use in a bona fide medical research effort which has been authorized by the institutional review board of the organization conducting the research.
(2) The board shall have exclusive authority to determine whether an activity qualifies as a bona fide medical research effort in accordance with Paragraph (1) of this Subsection.
(3) Any disclosure of data in the system shall be subject to the approval of the board.
Acts 2019, No. 207, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1168.5. Funding sources authorized for data system

RS 40:1168.5 - Funding sources authorized for data system
The board is hereby authorized to receive and expend all funds as may be necessary to implement and maintain the data system. Such funds may include, without limitation, funds appropriated by the legislature, including any appropriation of federal funds; funding provided by contract or other agreement with a governmental entity; and any public or private donations, gifts, or grants from governmental sources, individuals, corporations, nonprofit organizations, or other business entities.
Acts 2019, No. 207, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1169.1. Short title

RS 40:1169.1 - Short title
This Subpart shall be known and may be cited as the "Right To Try Act".
Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.421 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1169.2. Legislative findings

RS 40:1169.2 - Legislative findings
The Legislature of Louisiana hereby finds and declares the following:
(1) The process of approval for investigational drugs, biological products, and devices in the United States often takes many years.
(2) A patient who has a terminal illness does not have the luxury of waiting until an investigational drug, biological product, or device receives final approval from the United States Food and Drug Administration.
(3) The standards of the United States Food and Drug Administration for the use of investigational drugs, biological products, and devices may deny the benefits of potentially life-saving treatments or devices to terminally ill patients.
(4) A patient with a terminal illness has a fundamental right to attempt to preserve his own life by accessing available investigational drugs, biological products, and devices.
(5) Whether to use available investigational drugs, biological products, or devices is a decision that rightfully should be made by the patient with a terminal illness in consultation with his physician, and is not a decision to be made by the government.
Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.422 by HCR 84 of 2015 R.S.; Acts 2017, No. 292, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1169.4. Availability of drugs, biological products, and devices; costs; insurance coverage

RS 40:1169.4 - Availability of drugs, biological products, and devices; costs; insurance coverage
A.(1) A manufacturer of an investigational drug, biological product, or device may make available such drug, product, or device to eligible patients in accordance with the provisions of this Section.
(2) Nothing in this Section shall be construed to require a manufacturer to make available any drug, product, or device.
B. A manufacturer may do any of the following:
(1) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.
(2) Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or device.
C.(1) A health insurance issuer may choose to provide coverage for the cost of an investigational drug, biological product, or device.
(2) Nothing in this Section shall be construed to require a health insurance issuer to provide coverage for the cost of any investigational drug, biological product, or device.
Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.424 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1169.5. Limitation of liability; no cause of action created

RS 40:1169.5 - Limitation of liability; no cause of action created
A. Notwithstanding any provision of law to the contrary, a physician who prescribes an investigational drug, biological product, or device to an eligible patient pursuant to the provisions of this Subpart shall be immune from civil liability, including but not limited to any cause of action arising under R.S. 40:1231.1 et seq., for any adverse action, condition, or other outcome resulting from the patient's use of the investigational drug, biological product, or device.
B. Nothing in this Section shall be construed as creating a cause of action by or on behalf of any person against a manufacturer of an investigational drug, biological product, or device, or against any person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device, for any harm done to the eligible patient resulting from the investigational drug, biological product, or device.
Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.425 by HCR 84 of 2015 R.S.; Acts 2016, No. 355, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1169.6. Action against physician license prohibited

RS 40:1169.6 - Action against physician license prohibited
Notwithstanding any provision of law to the contrary, the Louisiana State Board of Medical Examiners shall not revoke, fail to renew, or take any other action against the license of a physician issued pursuant to the provisions of R.S. 37:1261, et seq. based solely upon the recommendation of the physician to an eligible patient regarding, or prescription for, or treatment with, an investigational drug, biological product, or device when such recommendation, prescription, or treatment is undertaken in strict conformance with the provisions of this Subpart.
Acts 2014, No. 346, §1; Redesignated from R.S. 40:1300.426 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1170.1. Legislative findings; declaration

RS 40:1170.1 - Legislative findings; declaration
A. The legislature hereby finds all of the following:
(1) A developmental, intellectual, or physical disability does not diminish a person's right to health care.
(2) The provisions of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), prohibit discrimination against persons with disabilities, yet many individuals with disabilities experience discrimination in accessing critical healthcare services.
(3) In some cases, persons with developmental, intellectual, or physical disabilities have been denied life-saving organ transplants based on beliefs or assumptions by healthcare providers that those persons are incapable of complying with post-transplant medical requirements, or that they lack adequate support systems to ensure compliance with those medical requirements.
(4) Although organ transplant centers must consider medical and psychosocial criteria when determining whether a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs.
B. The legislature hereby declares that Louisiana residents in need of organ transplants shall be entitled to an assurance that they will not encounter discrimination on the basis of a disability.
Acts 2019, No. 57, §3, eff. May 30, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1170.4. Enforcement; civil actions against covered entities; construction of Section

RS 40:1170.4 - Enforcement; civil actions against covered entities; construction of Section
A. Whenever an individual believes that a covered entity has violated or is violating any provision of R.S. 40:1170.3, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this Subpart. The action may be brought in the district court for the parish where the affected individual resides or resided or was denied the organ transplant or referral.
B. In an action brought under this Section, the court shall give the action priority on its docket and expedited review, and may grant injunctive or other equitable relief including by any of the following means:
(1) Requiring auxiliary aids or services to be made available for a qualified recipient.
(2) Requiring the modification of a policy, practice, or procedure of a covered entity.
(3) Requiring that facilities be made readily accessible to and usable by a qualified recipient.
C. Nothing in this Section is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), or any other applicable law.
D. This Section shall not be construed as creating a right to compensatory or punitive damages against a covered entity.
Acts 2019, No. 57, §3, eff. May 30, 2019.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1171.1. Purpose; intent; insurance and R.S. 40:1157.3 not affected

RS 40:1171.1 - Purpose; intent; insurance and R.S. 40:1157.3 not affected
The legislature recognizes that confidentiality protection for information related to human immunodeficiency virus (HIV) infection and acquired immunodeficiency syndrome (AIDS) is an essential public health measure. In order to retain the full trust and confidence of persons at risk, the state has an interest both in assuring that HIV test results are not improperly disclosed and in having clear and certain rules for the disclosure of such information. By providing additional protection for the confidentiality of HIV test results, the legislature intends to encourage the expansion of voluntary confidential testing for HIV so that individuals may come forward, learn their health status, make decisions regarding the appropriate treatment, and change behaviors that put them and others at risk of infection. The legislature also recognizes that confidentiality protections can limit the risk of discrimination and the harm to an individual's interest in privacy that unauthorized disclosure of HIV test results can cause. It is not the intent of the legislature to create any new right, right of action, or cause of action or eliminate any right, right of action, or cause of action existing under current law. It is further not the intent of the legislature that this Chapter repeal, amend, or in any way affect the provisions of R.S. 40:1157.3 relative to the ability of a physician or employee of a hospital who may become infected with HIV to test the blood of a patient without the patient's consent. It is the intent of the legislature that in the case of a person applying for or already insured under an insurance policy, who will be or has been the subject of a test to determine infection for HIV, all facets of insurers' practices in connection with HIV-related testing and HIV test results and all facets of other entities' and individuals' interactions with insurers relating to HIV-related testing or HIV test results shall be governed exclusively by Title 22 of the Louisiana Revised Statutes of 1950 and any regulations promulgated pursuant thereto by the commissioner of insurance who shall have the authority to promulgate such regulations.
Acts 1991, No. 1054, §1; Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1300.11 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1171.2. Definitions

RS 40:1171.2 - Definitions
As used in this Subpart, the following terms have the meaning ascribed in this Section unless the context clearly indicates otherwise:
(1) "Contact" is a sex-sharing or needle-sharing partner, a person who has had contact with blood or body fluids to which universal precautions apply through percutaneous inoculation or contact with an open wound, non-intact skin, or mucous membrane, or a person who has otherwise been exposed to an HIV-infected person in such a way that infection may have occurred as defined by the Louisiana Department of Health regulations based upon guidelines of the United States Centers for Disease Control and Prevention.
(2) "HIV-related test" is a test which is performed solely to diagnose infection with human immunodeficiency virus (HIV).
(3) "HIV test result" is the original document, or copy thereof, transmitted to the medical record from the laboratory or other testing site the result of an HIV-related test. The term shall not include any other note, notation, diagnosis, report, or other writing or document.
Acts 1991, No. 1054, §1; Acts 2007, No. 153, §1; Redesignated from R.S. 40:1300.12 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1172. Redesignated to R.S. 40:1117.1 by HCR 84 of 2015 R.S.

RS 40:1172 - Redesignated to R.S. 40:1117.1 by HCR 84 of 2015 R.S.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1173.1. Findings; legislative intent

RS 40:1173.1 - Findings; legislative intent
A. The legislature hereby finds all of the following:
(1) As a result of rising healthcare costs, the shortage of health professionals and healthcare services in many areas of the state, and the concerns expressed by consumers, healthcare providers, third-party payers, and others involved with making informed decisions regarding healthcare services, treatment, and coverage, there is a need to have access to provider specific healthcare cost, quality, and outcome data on healthcare facilities, healthcare providers, and health plans as well as continued access to global patterns and trends in the availability, use, and charges for healthcare services and the associated health circumstances.
(2) Due to the rapidly expanding availability of and access to patient sensitive healthcare data, it is necessary to establish safeguards which ensure the level of protection of patient encounter data that Louisiana citizens deserve, and which protect the privacy of health information comprising data sets that are reported and disseminated to improve the population health of this state.
B. It is the intent of the legislature to improve transparency in prices and care quality measures by providing for the creation and maintenance of a useful and comprehensive health service information database that can be publicly accessed in a manner that ensures protection of individuals' confidential health information and respects providers of care.
Acts 1997, No. 622, §1, eff. July 3, 1997; Acts 2007, No. 410, §1; Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.111 by HCR 84 of 2015 R.S.; Acts 2015, No. 338, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1173.2. Definitions

RS 40:1173.2 - Definitions
As used in this Subpart, the following terms have the meaning ascribed to them in this Section:
(1) "Confidential information" means at least one of the following:
(a) Patient-level data elements that could be used alone or in combination with other available data elements to identify a patient.
(b) Information requested that the department determines will be utilized for business or commercial purposes, including but not limited to market analysis and software development.
(c) Protected health information as defined in the HIPAA Privacy Rule, 45 CFR Part 164, and R.S. 29:762.
(2) "Department" means the Louisiana Department of Health.
(3) "HIPAA" means the Health Insurance Portability and Accountability Act, Pub. L. 104-191.
(4) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 1997, No. 622, §1, eff. July 3, 1997; Acts 2007, No. 410, §1; Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.112 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1173.4. Health Data Panel; advisory council to the secretary of the Louisiana Department of Health

RS 40:1173.4 - Health Data Panel; advisory council to the secretary of the Louisiana Department of Health
A. The department shall create the Health Data Panel. The purpose of the Health Data Panel shall be to make recommendations to the secretary for the implementation of the requirements of this Subpart.
B. Members of the Health Data Panel shall be appointed by the secretary and shall represent all interests involved in the collection and publication of provider- and health-plan specific cost, quality, and performance data elements. Members shall include but not be limited to purchasers of health care, hospitals and other service providers, consumer and patient advocacy groups, quality improvement and health information technology groups, physicians, and any other individuals or groups as deemed necessary by the secretary.
C. The Health Data Panel shall consider the provisions set forth in R.S. 40:1173.3.
D. The secretary or his designee shall serve as the chairman of the meetings of the Health Data Panel. The secretary shall convene meetings of the Health Data Panel on an annual basis and as needed to fulfill the provisions of this Subpart. The secretary may use the recommendations of the Health Data Panel to fulfill the responsibilities of the department as set forth in this Subpart.
E. Members of the Health Data Panel shall serve without compensation.
Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from R.S. 40:1300.114 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.