reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2811. Disposition of property abandoned to hospitals

RS 40:2811 - Disposition of property abandoned to hospitals
A. Notwithstanding the provisions of the Uniform Unclaimed Property Act of 1997, R.S. 9:151 et seq., to the contrary, any property left in the possession of a hospital licensed under the provisions of this Title or owned and operated by the state or a political subdivision by any person shall be considered abandoned property for the purposes of this Section if:
(1) The owner of the property or the owner's next of kin has been notified by certified mail, return receipt requested, at the last known address, that the property is in possession of the hospital and must be claimed by the owner or the owner's next of kin as follows:
(a) Within thirty days if the owner was discharged from the hospital or died in such facility.
(b) Within one hundred thirty days if the owner is anyone other than a person who was discharged from the hospital or died in such facility.
(2) The owner of the property or the owner's next of kin takes no action within the time specified in Paragraph (1) of this Subsection from the date that the certified letter was sent.
(3) There is no last known address of the owner or the owner's next of kin.
B. A public sale of the abandoned property shall be held by the hospital during the month of January each year. Proceeds from the sale of abandoned property and any cash that has been abandoned by a former patient shall be transferred to the administrator of the hospital and placed in a special fund for the benefit of indigent patients. An accounting of this fund, including the various expenditures made from the account, shall be maintained by the administrator and be open to public inspection.
C. A licensed hospital may dispose of any soiled clothing which is considered abandoned property under the provisions of this Section.
D. "Owner", "person", and "property", for purposes of this Section, shall have the same meaning as defined in R.S. 9:153.
Acts 1995, No. 343, §1; Acts 2001, No. 832, §1; Acts 2023, No. 351, §3, eff. June 12, 2023.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2821. Legislative findings

RS 40:2821 - Legislative findings
A. This Chapter may be cited as the "Drinking Water Revolving Loan Fund Act".
B. The legislature finds and declares that:
(1) The Louisiana Department of Health, office of public health, is the state agency within Louisiana which has, since 1977, been granted primary enforcement responsibility from the United States Environmental Protection Agency to ensure that public drinking water systems within the state are in compliance with state regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(2) The Department of Environmental Quality has, since 1989, been operating and maintaining the Clean Water State Revolving Fund in accordance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), commonly referred to as the Clean Water Act, to provide assistance to wastewater treatment facilities owned or operated by municipalities and other political subdivisions, and for other assistance allowed by such Act.
(3) The Constitution of Louisiana authorizes legislation which enables the state or its political subdivisions to comply with federal law in order to secure federal participation in the funding of capital projects. This Act creates the Drinking Water Revolving Loan Fund in accordance with the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.) for the purpose of providing financial assistance for the improvement of public drinking water systems in Louisiana.
(4) The financial administration of the Drinking Water Revolving Loan Fund shall be with the Louisiana Department of Health.
(5) Relative to the Drinking Water Revolving Loan Fund Program, the Louisiana Department of Health, office of public health, shall have the authority to establish assistance priorities and perform oversight and other related activities.
Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2003, No. 67, §3, eff. May 28, 2003; Acts 2010, No. 296, §4, eff. June 17, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2823. Drinking Water Revolving Loan Fund Program

RS 40:2823 - Drinking Water Revolving Loan Fund Program
A. There is established a Drinking Water Revolving Loan Fund Program within the Louisiana Department of Health, office of public health, through which the state may provide financial assistance, to the extent provided by state law, to both publicly and privately owned community water systems and to nonprofit non-community water systems for projects eligible for assistance under this Chapter. The program shall be administered in accordance with this Chapter and the federal act.
B. The Louisiana Department of Health, office of public health, may promulgate rules and regulations as are necessary to implement the provisions of this Chapter, in accordance with the Administrative Procedure Act, provided such rules and regulations shall not take effect unless approved by the House of Representatives Ways and Means Committee and the Senate Revenue and Fiscal Affairs Committee.
C.(1) The Louisiana Department of Health, office of public health, may enter into a capitalization grant agreement with the United States Environmental Protection Agency to implement the Drinking Water Revolving Loan Fund Program and may accept from that agency any grants and loans necessary for its operation.
(2) In entering into the agreement, the secretary of the Louisiana Department of Health may commit the state to:
(a) Accept grant payments from the United States Environmental Protection Agency in accordance with the schedule established in the capitalization grant agreement, and deposit same into the Drinking Water Revolving Loan Fund, with the exception of any set-aside amounts authorized under the federal act.
(b) Deposit state matching funds, to the extent required by the federal act for receipt of federal grant funds, into the Drinking Water Revolving Loan Fund on or before the date that each federal grant payment is made to the state.
(c) Enter into any other covenants, commitments, and obligations necessary to ensure that the state's administration of the program is consistent with the provisions of this Chapter and the federal act.
Acts 1997, No. 480, §2, eff. June 30, 1997.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2824. Drinking Water Revolving Loan Fund

RS 40:2824 - Drinking Water Revolving Loan Fund
A. There is hereby established the Drinking Water Revolving Loan Fund, hereinafter referred to in this Chapter as the "drinking water loan fund", which shall be maintained and operated by the Louisiana Department of Health. Federal capitalization grants, less any set-aside amounts authorized by this Chapter, which are received by the Louisiana Department of Health, office of public health, shall be deposited into or credited to the drinking water loan fund in compliance with the terms of the grant. State matching funds, when required or otherwise made available, shall be deposited directly in or credited to the drinking water loan fund in compliance with the terms of the capitalization grant agreement.
B. The Louisiana Department of Health, office of public health, shall segregate the funds associated with the drinking water loan fund as may be required by the federal act, grant agreements, or interagency agreements. The Louisiana Department of Health shall keep any accounts associated with the drinking water loan fund separate from any accounts associated with the Clean Water State Revolving Fund authorized in R.S. 30:2301 et seq.
C. The Louisiana Department of Health, office of public health, is authorized to claim and utilize all set-aside funding options available under the federal act. In accordance with the Intended Use Plan, such funding set-asides shall be reserved prior to any capitalization grant funds being transferred into the drinking water loan fund.
Acts 1997, No. 480, §2, eff. June 30, 1997; Acts 2003, No. 67, §3, eff. May 28, 2003; Acts 2010, No. 296, §4, eff. June 17, 2010.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2831. Definitions

RS 40:2831 - Definitions
As used in this Chapter, the following terms have the following meanings:
(1) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:
(a) Tattooing or the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin.
(b) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration; but does not for the purposes of this Chapter include piercing an ear in either of the following manners:
(i) With a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, if the person complies with all manufacturer instructions for any apparatus used to pierce the ear and all applicable health and safety standards.
(ii) By a cosmetologist, esthetician, qualified healthcare professional, or employee of a qualified healthcare professional if both of the following are true:
(aa) The person utilizes piercing needles that are single-use, hollow, and made of stainless steel.
(bb) The person complies with all manufacturer instructions for any apparatus used to pierce the ear and all applicable health and safety standards.
(c) The application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.
(2) "Consumer" means any individual who is provided access to a commercial body art facility which is required to be registered pursuant to the provisions of this Chapter.
(3) "Department" means the Louisiana Department of Health.
(4) "Manager" means any individual designated by the owner to manage the daily business of a commercial body art facility.
(5) "Operator" means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration.
(6) "Owner" means any person who operates a commercial body art facility.
(7) "Registrant" means any person who is registered with the department as required by provisions of this Chapter.
(8) "State health officer" means the employee of the department who is the chief health care official of the state as provided for in R.S. 40:2.
Acts 1999, No. 393, §1; Acts 2022, No. 196, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2833. Rules for minimum sanitary and safety standards

RS 40:2833 - Rules for minimum sanitary and safety standards
A. The state health officer shall promulgate rules and regulations pursuant to the Administrative Procedure Act, which shall provide for the enforcement of the provisions of this Chapter and which shall also establish minimum sanitary and safety standards for the operation of commercial body art facilities. Minimum standards set shall include but not be limited to all of the following:
(1) Health, cleanliness, and general sanitation of the facilities or premises in which commercial body art is performed or applied.
(2) Proper disinfection and sterilization of body art apparatus and safe disposal of body art apparatus.
(3) Procedures to prevent the transmission of disease or infection during or relating to commercial body art procedures, particularly the transmission of hepatitis B and the human immunodeficiency virus (HIV).
(4) Procedures for ensuring that operators who perform commercial body art procedures are adequately trained to perform them properly.
(5) With respect to tattooing services, maintenance of written records that include the color, manufacturer, and lot number of each pigment used for each tattoo performed.
(6) Procedures for sufficient disclosure prior to the application of body art, including the permanence of each procedure and procedures for obtaining written consent following such disclosure.
(7) Procedures for ensuring that consumers are adequately informed as to sanitary care of their bodies after procedures are done.
B. Such rules shall be promulgated by the state health officer no later than December 1, 1999. He shall implement and enforce all such rules adopted.
Acts 1999, No. 393, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2834. Injunctive relief

RS 40:2834 - Injunctive relief
A.(1) If the department or state health officer finds that a person has violated, is violating, or threatening to violate this Chapter and that the violation or threat of violations creates an immediate threat to the health and safety of the public, the department or state health officer may petition the district court for a temporary restraining order to restrain the violation or threat of violation.
(2) If a person has violated, is violating, or threatening to violate this Chapter, the department or state health officer may, after sending notice of said alleged violation to the alleged violator via certified mail and the lapse of ten days following receipt of the notice by the alleged violator, petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation.
B. On application for injunctive relief and a finding that a person is violating or threatening to violate this Chapter, the district court may grant any injunctive relief warranted by the facts.
C. Venue for a suit brought under this Section shall be in the parish in which the violation is alleged to have occurred.
Acts 1999, No. 393, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2841. Legislative purpose

RS 40:2841 - Legislative purpose
The legislature declares that in order to safeguard the public health, safety, and welfare of the people of this state against unnecessary trauma and time-sensitive related deaths and incidents of morbidity due to trauma, stroke, and ST-segment myocardial infarction (STEMI), a comprehensive, coordinated statewide system for access to regional trauma, stroke, and STEMI patient care throughout the state be established. This system shall be compatible and interfaced with the Governor's Office of Homeland Security and Emergency Preparedness.
Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2006, 1st Ex. Sess., No. 35, §4, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2022, No. 123, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2842. Definitions

RS 40:2842 - Definitions
As used in this Chapter, the following terms shall have the following meanings:
(1) "Board" means the Louisiana Emergency Response Network Board.
(2) "Department" means the Louisiana Department of Health.
(3) "Louisiana Emergency Response Network" (LERN) means the statewide system of regional trauma, stroke, and STEMI patient care that is an organized, seamless, coordinated effort among each component of care including pre-hospital, acute care, post-acute care, rehabilitation, and injury prevention in a defined geographic area which provides access to local health systems for time-sensitive patient care treatment and is integrated with local public health systems and the Governor's Office of Homeland Security and Emergency Preparedness.
(4) "Network" means the Louisiana Emergency Response Network.
Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2006, 1st Ex. Sess., No. 35, §4, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2022, No. 123, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2843. Louisiana Emergency Response Network; creation; domicile

RS 40:2843 - Louisiana Emergency Response Network; creation; domicile
A. The Louisiana Emergency Response Network is hereby created as a network which, through its board, shall direct the efforts to decrease trauma, stroke, and STEMI-related deaths and incidents of morbidity and mortality due to trauma, stroke, and STEMI in Louisiana. By maximizing the integrated delivery of optimal resources for patients who ultimately need acute trauma, stroke, and STEMI care, the network shall address the daily demands of trauma, stroke, and STEMI care and form the basis for disaster preparedness. The resources required for each component of the system shall be clearly identified, deployed, and studied to ensure that all injured patients gain access to the appropriate level of care in a timely, coordinated, and cost-effective manner.
B. The domicile of the network shall be Baton Rouge, Louisiana.
Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2022, No. 123, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2845.1. Public records exception

RS 40:2845.1 - Public records exception
Patient and peer review data or information submitted or transmitted pursuant to this Chapter to the trauma registry, the board, any committee acting on behalf of the board, any hospital or pre-hospital care provider, any physician or other direct care provider, any regional commission, any emergency medical services council, emergency medical services agency, or other group or committee whose purpose is to monitor and improve quality care pursuant to this Chapter, shall be confidential and exempt from the provisions of law relative to public records as provided in R.S. 44:4.1(B)(26).
Acts 2010, No. 934, §1; Acts 2018, No. 206, §4.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2846. Rules and regulations; Louisiana Department of Health

RS 40:2846 - Rules and regulations; Louisiana Department of Health
A. The board shall adopt and revise such rules and regulations as may be necessary to enable it to carry into effect the provisions of this Chapter. Such rules and regulations shall be promulgated in accordance with the Administrative Procedure Act.
B. The rules and regulations shall be submitted to the House and Senate Committees on Health and Welfare.
C. Upon request of the board, the department shall provide advice, information, and assistance to the board concerning rules to be promulgated by the board.
Acts 2004, No. 248, §1, eff. June 15, 2004.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2852. Facilities providing housing or temporary residence to individuals referred by judicial agencies

RS 40:2852 - Facilities providing housing or temporary residence to individuals referred by judicial agencies
A. Any facility, including pretrial diversion facilities, not otherwise required to be licensed by the Louisiana Department of Health or the Department of Children and Family Services, that provides housing or temporary residence for individuals who have been arrested for the commission of a crime and who are referred by any judicial agency, as defined in this Section, shall be regulated by rules adopted and enforced by the Department of Public Safety and Corrections for the operation of these facilities.
B. The rules shall include but not be limited to providing for the construction, standards of operation, and services provided for these facilities. All rules shall be adopted in accordance with the Administrative Procedure Act.
C. No facility shall provide housing or temporary residence to any individual and no judicial agency shall refer any individual to a facility providing housing or temporary residence until the Department of Public Safety and Corrections has adopted rules and has inspected the facility and certified that the facility is in compliance with these rules as provided for by this Section.
D. For the purposes of this Chapter, "judicial agency" means the district court and officers thereof, including the district judge, the prosecutor and district attorneys. However, no sheriff or sheriff's department of any parish in this state shall be deemed to be a judicial agency pursuant to this Chapter. Judicial agency referral residential facilities shall not participate in sheriffs' work release programs nor shall they receive funding from the state.
E. Repealed by Acts 2017, No. 107, §2.
Acts 2006, No. 660, §1, eff. June 29, 2006; Acts 2008, No. 437, §1; Acts 2010, No. 493, §1; Acts 2015, No. 447, §1; Acts 2017, No. 107, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2853. Facilities providing housing or temporary residence to individuals referred by judicial agencies

RS 40:2853 - Facilities providing housing or temporary residence to individuals referred by judicial agencies
A. No facility including pretrial diversion facilities that provides housing or temporary residence for individuals who have been arrested for the commission of a crime who are referred by any judicial agency pursuant to this Chapter shall be located within one thousand feet of any school or child day care center property.
B.(1) In municipalities and unincorporated areas which are divided into subdivisions with streets, blocks, and sidewalks, this distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the school or day care center to the nearest point of the premises to be used to provide housing or temporary residence.
(2) Outside of municipalities and unincorporated areas which are not divided into subdivisions with streets, blocks, or sidewalks, the measurement of this distance shall be a straight line from the nearest point of the premises to provide housing or temporary residence to the nearest point of the school or day care center property.
C.(1) The prohibitions provided for in Subsection A of this Section shall not apply to any facility that provides housing or temporary residence which has been in operation for a year or longer prior to August 15, 2009.
(2) The subsequent construction, erection, development, or movement of a school or day care center which causes the facility providing housing or temporary residence to be located within the prohibited distance as provided for in Subsection A of this Section shall not be cause for a violation of the provisions of this Section.
D. For purposes of this Section the following definitions shall apply:
(1) "Child day care center property" means property on which is located a facility licensed as a day care center under the provisions of the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401 et seq.) or licensed as a group child day care home under the provisions of the Child Care Registration Law (R.S. 46:1441 et seq.).
(2) "Premises" includes that land and any improvements thereon.
(3) "School property" means the property of any public elementary or secondary school or any nonpublic elementary or secondary school.
E. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Acts 2009, No. 151, §2; Acts 2015, No. 447, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2861. Legislative intent and public health policy

RS 40:2861 - Legislative intent and public health policy
It is the intent of the legislature that the purpose of this Chapter is to license, permit, and monitor pharmacy benefit managers to provide for the effective control and regulation of their activities, maintain and enforce order regarding the prescribing, dispensing, marketing, selling, managing, and use of prescription drugs in this state, and to protect the health, safety, and general welfare of the citizens and residents of this state.
Acts 2019, No. 124, §3, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2863. Definitions

RS 40:2863 - Definitions
As used in this Chapter, the following definitions shall apply:
(1) "Attorney general" means the Louisiana attorney general.
(2) "Beneficiary" means a person who resides or is employed in this state and is covered or is eligible to be covered by a health plan.
(3) "Board of Pharmacy" means the Louisiana Board of Pharmacy.
(4) "Commissioner of insurance" means the Louisiana commissioner of insurance.
(5) "Department of Insurance" means the Louisiana Department of Insurance.
(6) "Department of Justice" means the Louisiana Department of Justice.
(7) "Health plan" means an individual or group plan or program which is established by contract, certificate, law, plan, policy, subscriber agreement, or by any other method and which is entered into, issued, or offered for the purpose of arranging for, delivering, paying for, providing, or reimbursing any of the costs of health or medical care, including pharmacy services, drugs, or devices.
(8) "Pharmacy benefit management plan" and "pharmacy benefits program" mean a plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacist services, drugs, or devices to individuals who reside in or are employed in Louisiana.
(9) "Pharmacy benefit manager" and "PBM" mean any person or business who administers the prescription drug or device program of one or more health plans on behalf of a third party in accordance with a pharmacy benefit program. This term includes any agent or representative of a pharmacy benefit manager hired or contracted by the pharmacy benefit manager to assist in the administering of the drug program and any wholly or partially owned or controlled subsidiary of a pharmacy benefit manager.
Acts 2019, No. 124, §3, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2864. Duties of pharmacy benefit managers

RS 40:2864 - Duties of pharmacy benefit managers
A. A pharmacy benefit manager shall owe the beneficiaries of any pharmacy benefit management plan administered by the pharmacy benefit manager and to the entities that have entered into a contract with the pharmacy benefit manager the duties of good faith, honesty, trust, confidence, and candor.
B. The standard for the fulfillment of a pharmacy benefit manager's duties shall be to act with a high degree of care, skill, prudence, and diligence required of a reasonable and prudent person with substantial experience and expertise in the management of pharmacy benefit management plans and payment of claims.
C. Failure of a pharmacy benefit manager to satisfy the duties established in this Section shall not create a separate or independent cause of action nor shall it be construed to prohibit any cause of action established by or recognized in federal or state law.
Acts 2019, No. 124, §3, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2865. General licensing and permitting requirements

RS 40:2865 - General licensing and permitting requirements
A. Every pharmacy benefit manager that does business in this state or pays for benefits for a beneficiary through a pharmacy benefit management plan shall be licensed or permitted as required by this Chapter.
B. No license or permit shall be issued to a pharmacy benefit manager who has not registered with the Louisiana secretary of state to conduct business within the state.
C. Each license and permit shall be valid only for the applicant listed on the application.
D.(1) A pharmacy benefit manager license or permit is not transferable.
(2) No license or permit shall be subject to sale, assignment, or other transfer, voluntary or involuntary.
(3) In the event the ownership of the pharmacy benefit manager changes by fifty percent or more after the initial issuance of the license or permit, the ownership shall be deemed sufficiently different as to require a new pharmacy benefit manager license or permit.
(4) The continued operation of a pharmacy benefit manager under a license or permit issued pursuant to this Chapter after its ownership has changed by fifty percent or more shall constitute sufficient basis for finding that the pharmacy benefit manager is operating in this state without a valid license or permit in violation of this Chapter.
Acts 2019, No. 124, §3, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2866. General applicability

RS 40:2866 - General applicability
A. The licensure and regulation requirements set forth pursuant to this Chapter shall apply generally to any pharmacy benefit manager regardless of plan or benefit financing.
B. Nothing in this Chapter shall be construed to require coverage of any specific drug in any health plan, but shall apply once a drug is covered or included on a health plan formulary.
Acts 2019, No. 124, §3, eff. July 1,2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2867. Pharmacy benefit manager; regulation by commissioner of insurance; applicability of the Louisiana Insurance Code

RS 40:2867 - Pharmacy benefit manager; regulation by commissioner of insurance; applicability of the Louisiana Insurance Code
A. Every pharmacy benefit manager that does business in this state shall be licensed as required by the Louisiana Insurance Code.
B. Every pharmacy benefit manager licensed by the commissioner of insurance shall abide by the provisions of the Louisiana Insurance Code and the rules and regulations of the Department of Insurance regarding the pharmacy benefit manager's business regulated by the commissioner of insurance.
Acts 2019, No. 124, §3, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2882. Definitions

RS 40:2882 - Definitions
As used in this Chapter, the following terms have the following meanings:
(1) "340B drug" means a drug that has been subject to any offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 256b and is purchased by a covered entity as defined in 42 U.S.C. 256b(a)(4).
(2) "340B entity" means an entity participating or authorized to participate in the federal 340B drug discount program, as described in 42 U.S.C. 256b, including its pharmacy, or any pharmacy contracted with the participating entity to dispense drugs purchased through the 340B drug discount program.
(3) "Health insurance issuer" has the same meaning as provided in R.S. 22:1019.1.
(4) "Manufacturer" has the same meaning as defined in R.S. 37:3462.
(5) "Pharmacy" has the same meaning as defined in R.S. 37:1164 except that residents who are provided pharmacy care shall be physically located in this state.
(6) "Pharmacy benefit manager" has the same meaning as provided in R.S. 40:2863.
Acts 2023, No. 358, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2884. Prohibition of certain discriminatory actions by a manufacturer or distributor related to 340B entities

RS 40:2884 - Prohibition of certain discriminatory actions by a manufacturer or distributor related to 340B entities
A. A manufacturer or distributor shall not deny, restrict, prohibit, or otherwise interfere with, either directly or indirectly, the acquisition of a 340B drug by, or delivery of a 340B drug to, a pharmacy that is under contract with a 340B entity and is authorized under such contract to receive and dispense 340B drugs on behalf of the covered entity unless such receipt is prohibited by the United States Department of Health and Human Services.
B. A manufacturer or distributor shall not interfere with a pharmacy contracted with a 340B entity.
Acts 2023, No. 358, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2885. Violations

RS 40:2885 - Violations
The commission of any act prohibited by this Chapter is considered a violation of the Unfair Trade Practices and Consumer Protection Law provided for in R.S. 51:1401 et seq. and subjects the violator to any and all actions, including investigative demands, remedies, and penalties provided for in the Unfair Trade Practices and Consumer Protection Law, except there shall be no right to bring a private action pursuant to R.S. 51:1409. A violation occurs each time a prohibited act is committed.
Acts 2023, No. 358, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:2886. Federal preemption

RS 40:2886 - Federal preemption
A. Nothing in this Chapter is to be construed or applied to be less restrictive than federal law for a person or entity regulated by this Chapter.
B. Nothing in this Chapter is to be construed or applied to be in conflict with any of the following:
(1) Applicable federal law and related regulations.
(2) Other laws of this state if the state law is compatible with applicable federal law.
C. Limited distribution of a drug required under 21 U.S.C. 355-1 is not to be construed as a violation of this Chapter.
Acts 2023, No. 358, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:1. Functions relative to state lands

RS 41:1 - Functions relative to state lands
A. The commissioner of administration of the division of administration or his designee, hereinafter in this Chapter referred to as the "commissioner", shall perform the functions of the state which relate to the administration and supervision of state lands, as provided by law. The commissioner may name a designee to perform certain of these functions as more specifically provided in this Chapter.
B. For purposes of this Title and any other provision of law, the terms "state land office" or "Register of the State Land Office" shall be deemed to refer to the commissioner or his designee.
Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:2. Accounts and lists to be kept by the commissioner

RS 41:2 - Accounts and lists to be kept by the commissioner
The commissioner shall:
A. Keep accounts of the sales of lands which were donated to the state by:
(1) Setting forth in the certificate issued therefor the section, parts of sections, township and range, district and parish, to whom and when sold, and for what price.
(2) Causing to be marked on the official plats or maps on file in his office the numbers of the certificates, which books and maps shall be bound and preserved as official records.
B. Prepare annually, on or before March first of each year, a descriptive list, by parish, of all lands sold during the preceding year, together with all data that may be afforded by his records.
Acts 1983, No. 705, §3, eff. Sept. 1, 1983; Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:3. Proceeds of sale of warrants or public land

RS 41:3 - Proceeds of sale of warrants or public land
All money arising from the sale of warrants or public land shall be paid by the purchaser to the state treasurer, on the warrant of the commissioner of administration. The state treasurer shall receive the money within forty-eight hours after the issuance of the warrant.
Acts 1983, No. 705, §3, eff. Sept. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:4. Description of land or warrants in receipt

RS 41:4 - Description of land or warrants in receipt
A. A description of the land or warrants shall be included in the order on the state treasurer to receive the money for the lands. No entry shall be made upon the books, maps, or other official record until the receipt of the state treasurer, also describing the land or warrants, has been submitted and filed in the office of the secretary or his designee.
B. Whoever violates the provision of this Section shall be fined five thousand dollars and shall be imprisoned for a term not more than ten nor less than two years.
Acts 1983, No. 705, §3, eff. Sept. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:5. Receipt to purchaser

RS 41:5 - Receipt to purchaser
The state treasurer shall deliver to the purchaser or his agent a receipt, which shall contain a correct description, by section, township and range, of the lands sold by the state. The state treasurer shall receive no extra compensation for this service.
Acts 1983, No. 705, §3, eff. Sept. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:6. Issuance of patents

RS 41:6 - Issuance of patents
The governor shall issue patents:
(1) For all lands sold, on presentation of the treasurer's receipt.
(2) For lands located by warrants, whenever he is satisfied that the lands have been legally sold and located.
Acts 1983, No. 705, §3, eff. Sept. 1, 1983.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:7. Annual list of lands entered or sold to be sent to parish assessors

RS 41:7 - Annual list of lands entered or sold to be sent to parish assessors
The commissioner shall furnish, annually, on or before March first, to the assessors of each parish, the list of all the lands that may have been entered or sold during the preceding year, together with the names of the persons entering or purchasing them, in order that they may be assessed for taxes.
Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:8. Fees of the commissioner

RS 41:8 - Fees of the commissioner
The commissioner shall promulgate regulations establishing reasonable fees, not to exceed the cost of providing the services, for:
(1) Redemption certificates.
(2) Cancellation certificates.
(3) Original patents executed by the commissioner and the governor.
(4) Copies of official township plats, field notes, patents, and related matter.
(5) Each certification attached to copies of items listed in Paragraph (4).
(6) Copies of any other document pertaining to state lands.
Acts 1983, No. 705, §3, eff. Sept. 1, 1983; Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:10. Right of appeal from decisions of the commissioner

RS 41:10 - Right of appeal from decisions of the commissioner
The commissioner shall decide all conflicting claims of preference of right to any land granted to the state by acts of congress. After they have been decided by the commissioner and after he has assessed the land to the person first locating or settling thereon, the claimant aggrieved by the decision shall have the right, within six months after the decision of the commissioner, to appeal to the Nineteenth Judicial District Court.
Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:11. Transcript or copy of proceedings

RS 41:11 - Transcript or copy of proceedings
As soon as an application for an appeal is made to the commissioner he shall deliver to the party applying for the appeal a certified transcript or copy of all the proceedings had in his office relative to the conflicting claims. The party shall forthwith file the transcript in the office of the clerk of the parish in which the land is situated and give security for costs as in ordinary cases, and the matter shall be tried by the court de novo.
Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:12. Filing of final judgment

RS 41:12 - Filing of final judgment
As soon as a final judgment has been rendered, a certified copy of the judgment shall be filed in the office of the commissioner.
Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:13. Listing of lands owned, leased, or rented by state or instrumentalities of state; subsequent acquisitions or alienations

RS 41:13 - Listing of lands owned, leased, or rented by state or instrumentalities of state; subsequent acquisitions or alienations
A. The commissioner shall prepare and maintain in his office at all times and make available as a public record a listing which shall show the lands and improvements thereon and all royalty or mineral rights belonging to or under the control of the state, whether or not held directly in the name of the state or in the name of any state board, commission, department, or agency. Such listing shall clearly describe the land owned, leased or rented, or otherwise held or under the control of the state or its instrumentality, and shall show its location, acreage or other area, any improvements thereon, the date of acquisition and the value thereof, and such other information with regard thereto as may be required by rules and regulations of the commissioner.
B. Whenever any acquisition or alienation or other change in ownership or control of any land or immovable property or royalty or mineral rights is made with regard to any lands or improvements thereon, a report thereof shall be made to the commissioner within thirty days thereafter.
Acts 1989, No. 282, §4, eff. June 27, 1989.
{{NOTE: SEE ACTS 1989, NO. 282, §5.}}
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:14. Conveyances of waterbottoms, ownership

RS 41:14 - Conveyances of waterbottoms, ownership
No grant, sale or conveyance of the lands forming the bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds, and inlets bordering on or connecting with the Gulf of Mexico within the territory or jurisdiction of the state shall be made by the register of the state land office or by any other official or by any subordinate political subdivision, except pursuant to R.S. 41:1701 through 1714. Any rights accorded by law to the owners or occupants of lands on the shores of any waters described in this Section shall not extend beyond the ordinary low water mark. No one shall own any bottoms of lands covering the bottoms of waters described in this Section.
Acts 1985, No. 876, §2, eff. July 23, 1985; Acts 2018, No. 242, §2.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:15. Hunting on state land; restrictions

RS 41:15 - Hunting on state land; restrictions
A. No person shall construct or hunt from a permanent stand on state land. A permanent stand is a stand that is either a non-portable, freestanding structure or a stand that uses nails, screws, spikes, or other means to attach to a tree and which is not designed to be hand carried by one person nor to be removed daily. Any permanent stand may be removed and destroyed.
B. A portable stand may not be left on state lands unless the stand is removed from the tree or left in a non-hunting position. Each portable stand shall be legibly tagged with the owner's name, address, and phone number.
C. The provisions of this Section shall not apply to land under the jurisdiction of the Louisiana Wildlife and Fisheries Commission. The use of such land shall be regulated by the Louisiana Wildlife and Fisheries Commission in accordance with the provisions of Title 56 of the Louisiana Revised Statutes of 1950. The Louisiana Wildlife and Fisheries Commission may promulgate rules and regulations under the provisions of the Administrative Procedure Act for the implementation of the provisions of this Section.
D. Violation of any provision of this Section or rules adopted pursuant to this Section shall constitute a class two violation punishable as provided in R.S. 56:32.
Acts 2005, No. 259, §1; Acts 2006, No. 842, §1.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:16. Preservation of public lands for hunting, fishing, and recreational opportunities

RS 41:16 - Preservation of public lands for hunting, fishing, and recreational opportunities
A. The commissioner shall exercise his authority to manage public lands in a manner to support, promote and enhance public hunting, fishing, and recreational opportunities to the extent authorized by law. The commissioner shall recognize, to the extent authorized by law, hunting, fishing, and recreational opportunities as primary uses of public lands that are available for public hunting, fishing, and recreational opportunities. The commissioner shall make land management decisions based on criteria that include public hunting, fishing, and recreational opportunities as a primary consideration.
B. Before March first of each calendar year, the commissioner shall submit to the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment a written report containing a listing of all acreage managed by the commissioner that is available for public hunting, fishing, and recreational opportunities and a listing of all acreage that was lost or gained for such purposes.
Acts 2006, No. 561, §1; Acts 2008, No. 580, §5.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:51. Surveys and plats

RS 41:51 - Surveys and plats
The governor may direct the Department of Transportation and Development:
(1) To make, from time to time, surveys of all unsurveyed lands belonging and that may hereafter belong to this state and to subdivide them into townships, sections and other proper subdivisions that may be necessary for their identification, description, entry and sale. In the event the Department of Transportation and Development cannot timely cause a requested survey to be made, then the register may on his own initiative cause a survey or surveys to be made of state lands which survey shall be subject to approval by the secretary of the Department of Transportation and Development. The cost of such a survey shall be borne by the register of the state land office.
(2) To prepare duly certified maps and plats of the lands and to file them in the state land office as soon as completed.
Amended by Acts 1960, No. 569, §1; Acts 2018, No. 242, §2.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:52. Records transferred to this state by the former office of the United States Surveyor General of the District of Louisiana

RS 41:52 - Records transferred to this state by the former office of the United States Surveyor General of the District of Louisiana
The maps, books, records, field notes and documents appertaining to land title in this state which were transferred to this state by the former office of the United States Surveyor General of the District of Louisiana and accepted by this state by Act No. 6 of 1910 and Act No. 183 of 1928, are public records and are a part of the permanent archives of the state land office.
2023 Louisiana Laws › Revised Statutes › Title 41 - Public Lands › §41:91. Grant of vacant and unappropriated lands; lease of nonnavigable water bottoms

RS 41:91 - Grant of vacant and unappropriated lands; lease of nonnavigable water bottoms
A. In order to procure the settlement or resettlement of the vacant and unappropriated lands belonging to the state, the register of the state land office, when directed to do so by the governor, shall grant, for and on behalf and in the name of the state of Louisiana, to any person, or any agency, political subdivision or public corporation of the state, or any agency of the United States, corporate or otherwise, created under authority of Congress, any of the vacant and unappropriated lands belonging to the state.
B. When deemed in the interest of the state and upon approval of the governor, the register of the state land office is authorized to grant long-term leases with reasonable rates for the use of the water bottoms and air space above the water of any waters of the state which have been declared nonnavigable by an Act of Congress, to any public agency, political subdivision, public corporation or municipality, or to any private person who is a riparian owner with respect to the water bottoms and air rights to be leased, provided that the lease thereof has first been approved by the local governing authority, for the public or private development thereof. Nothing contained in this Subsection shall be deemed in any way to alter or abrogate the state's claim to mineral rights in the leased areas, or to entitle such lessee to any part of such mineral rights.
Amended by Acts 1976, No. 263, §1.